Allen & Spence Blog
Divorce from Bed and Board
With decreasing frequency in my practice over the past twenty-three I get asked about divorce from bed and board. "Divorce from bed and board" under North Carolina law is a judicial separation. In other words, it is a separation authorized by the court....
Jury Trial in North Carolina Family Law Cases
Most family law cases in North Carolina are heard in district court by a district court judge sitting without a jury. When a judge hears a case without a jury, the judge decides both how to apply the law to the case and what the facts of the case are....
How can a custody claim be made under North Carolina Law?
How to Sue for Custody. A claim for child custody may be made in North Carolina in several ways. The traditional way is to file a complaint for child custody. The complaint for child custody may also include claims for alimony, child support, absolute...
Legal, Physical, Joint and Primary Custody: What’s in a label?
I've represented many parents in many custody cases. In almost every case I get asked about the definitions of "legal," "physical," "primary" and "joint" custody. Clients have a great deal of anguish about the labels, even after the litigation has...
Introduction to Separation Agreements
What is a separation agreement and what makes an agreement into a separation agreement? How is it different from a court order? What is a legal separation? The relevant North Carolina statutes are located at G.S. § 52-10.1. While G.S. § 52-10 allows...
Postnuptial and Postmarital Agreements
Unlike a premarital agreement which is signed by the parties before they got married, a postnuptial agreement is an agreement entered into between a husband and wife during marriage. A postnuptial agreement must not violate public policy. Also, a party...
