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When to Appeal Your NC Family Law Case

When to Appeal Your NC Family Law Case

by Scott Allen | Apr 13, 2023 | Appellate Practice, Family Law, Family Law Library

To use a turn of phrase, the best appeal is the one you never have to take.   In other words, the best time to work towards a resolution in court you are happy with is before the judge enters an order. That means hiring a good lawyer at the beginning of your case....
Divorce and Equitable Distribution – Preserve Your Rights

Divorce and Equitable Distribution – Preserve Your Rights

by Scott Allen | Apr 11, 2023 | Family Law, Family Law Library, Property Distribution

Does Equitable Distribution have a Statute of Limitations? One of the big issues in North Carolina divorce law is the timely filing of claims for equitable distribution.   The rule is simple: for a party to preserve the right to ask the court to divide property, then...
What are the requirements of a North Carolina Divorce?

What are the requirements of a North Carolina Divorce?

by Scott Allen | Mar 15, 2023 | Divorce, Family Law, Family Law Library

REQUIREMENTS FOR AN UNCONTESTED DIVORCE IN NORTH CAROLINA Under North Carolin law an uncontested divorce requires: Fulfilling the residency requirement of six months A minimum one-year separation from your spouse Residency: Before the North Carolina court has...
Wake County Family Court Rules – In Plain English

Wake County Family Court Rules – In Plain English

by Scott Allen | Jan 17, 2018 | Family Law, Family Law Library

Local Law: The Wake County Local Rules   The local rules for every county in North Carolina can be found online: http://www.nccourts.org/Courts/CRS/Policies/LocalRules/ These local rules are important.  They must be followed.  Local rules cover issues of the...
NC Rule 45(f) and the Out-of-State Witness

NC Rule 45(f) and the Out-of-State Witness

by Scott Allen | Feb 21, 2017 | Discovery and Depositions, Family Law, Family Law Library

Call Scott Allen at (919) 863-4183 Rule of Civil Procedure 45 is where you will find the rules related to subpoenas in North Carolina. In 2011, the NC General Assembly amended Rule 45.  One of the amendments that is very important relates to obtaining discovery from...
Specific Performance of a Separation Agreement

Specific Performance of a Separation Agreement

by Scott Allen | May 23, 2014 | Family Law, Family Law Library

Call Scott Allen at (919) 863-4183 Specific Performance is an equitable remedy when there is a breach of  a separation agreement.   The remedy of specific performance is available in an action to enforce a separation agreement when the remedy of breach of contract...
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