Allen & Spence Blog
Temporary Custody in North Carolina
Temporary child custody is an important component of the trial court's powers to protect children in North Carolina. Temporary custody in NC is covered by statutes found in Chapter 50. A temporary custody order is often entered by NC courts. Often this occurs before...
Should I ask for a jury trial in my alimony case?
North Carolina law, G.S. § 50-16.3A(d), allows a jury trial on the issue of marital misconduct for the determination of alimony. The jury's role in an alimony case is not to determine the amount or duration of alimony payments, but only to establish fault...
Premarital Agreements in North Carolina – What You Need to Know
A premarital agreement, often called a prenuptial agreement, is a contract entered into prior to marriage that sets out obligations and rights of the spouses in the event of divorce or death. A premarital agreement becomes effective only upon the...
Alienation of Affections – The Basics
North Carolina is one of the few states that still recognize the torts of alienation of affections and criminal conversation. These claims may be brought under NC common law against someone who takes away the affection of a persons's spouse. The basis or...
Financial Mediation in Wake County – The Basics
Wake County has a family court system and local rules that are designed to streamline the court process. Financial mediation is a requirement in Wake County family law cases where equitable distribution, postseparation support, and alimony are at issue....
Why Take a Deposition in a Family Law Case?
I am a strong proponent of taking depositions in contested family law cases in North Carolina. They can help in many ways. A deposition is type of discovery proceeding where a party or witness is required to answer questions before a court reporter while...
