Category Archives: Family Law

Questions People Ask – Counselor at Law

Over the past few weeks, the pastor at my church has been doing a series of sermons entitled “Questions People Ask.” One of those questions, big enough for several books, is “Why do bad things happen to good people?” I’m … Continue reading

Posted in Family Law, Robert A. Wells | Tagged , | Leave a comment

Husband’s Failure To Disclose Assets Is Basis For Constructive Fraud

In the case of Searcy v. Searcy, the Court of Appeals in a decision filed September 20, 2011, reversed the trial court and found that there was an issue of fact with regard to constructive fraud when the husband failed … Continue reading

Posted in Divorce, Family Law, M. Douglas Berry | Tagged , | Leave a comment

Court Of Appeals Denies Jury Trial On Motion To Void Collaborative Law Agreement

In the case of Kiell v. Kiell (September 5, 2006), the North Carolina Court of Appeals held that a party claiming fraud in the inducement of a collaborative law agreement was not entitled to a jury trial.  Rather, the Court … Continue reading

Posted in Collaborative Law, Family Law, M. Douglas Berry | Tagged , , | Leave a comment

Court Of Appeals Denies Jury Trial On Motion To Void Collaborative Law Agreement

In the case of Kiell v. Kiell (September 5, 2006), the North Carolina Court of Appeals held that a party claiming fraud in the inducement of a collaborative law agreement was not entitled to a jury trial.  Rather, the Court … Continue reading

Posted in Divorce, Family Law, M. Douglas Berry, Separation | Tagged , , | Leave a comment

A Person Signing A Separation Agreement Is Responsible For Reading And Understanding The Terms

In the case of Nix v. Nix (January 17, 2012), the North Carolina Court of Appeals held that an unrepresented individual who signed a separation agreement should be held to the terms of the agreement even though he may not … Continue reading

Posted in Family Law, M. Douglas Berry, Separation | Tagged , , , | Leave a comment

Father’s Name on Birth Certificate Creates Presumption of Paternity

In a recent decision filed January 17, 2012, the North Carolina Court of Appeals in the matter of J.K.C and J.D.K held that when a child’s birth certificate identifies the father, he is presumed to be the biological father of … Continue reading

Posted in Family Law, M. Douglas Berry | Tagged , , | Leave a comment

Court Of Appeals Denies Jury Trial On Motion To Void Collaborative Law Agreement

In the case of Kiell v. Kiell (September 5, 2006), the North Carolina Court of Appeals held that a party claiming fraud in the inducement of a collaborative law agreement was not entitled to a jury trial.  Rather, the Court … Continue reading

Posted in Collaborative Law, Divorce, Family Law, M. Douglas Berry, North Carolina Law | Tagged , , | Leave a comment

Husband’s Failure To Disclose Assets Is Basis For Constructive Fraud

In the case of Searcy v. Searcy, the Court of Appeals in a decision filed September 20, 2011, reversed the trial court and found that there was an issue of fact with regard to constructive fraud when the husband failed … Continue reading

Posted in Child Support, Divorce, Family Law, M. Douglas Berry | Tagged , , , | Leave a comment

Collaborative Law: Codified Under North Carolina Statutes

Effective October 1, 2003, the general concept of collaborative law was given statutory life through Article 4 of the General Statutes of North Carolina, Sections 50-70 through 50-80.  Collaborative law was officially established as an alternative to the judicial disposition … Continue reading

Posted in Divorce, Family Law, M. Douglas Berry | Tagged , , , | Leave a comment

Alienation of Affections Verdict – Jurisdiction Upheld Against California Defendant

In the August 3, 2010, case of Brown v. Ellis on remand to the North Carolina Court of Appeals, the North Carolina Supreme Court and the North Carolina Court of Appeals upheld personal jurisdiction of a North Carolina husband for … Continue reading

Posted in Divorce, Family Law, M. Douglas Berry | Tagged , | Leave a comment