Tag 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

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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

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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

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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

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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

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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

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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

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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

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North Carolina Supreme Court Allows Termination Of Alimony Due To Cohabitation

In the decision of Underwood v. Underwood filed August 26, 2011, the North Carolina Supreme Court reversed the Court of Appeals and the trial court and held that an alimony obligation in a court order should terminate because of the … Continue reading

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North Carolina Legislature Gives Father of Unborn Child Claim for Civil Damages Against Abortion Provider

In a recent statutory provision N.C.G.S. § 90-21.80 et seq., the North Carolina legislature passed the Woman’s Right to Know Act which enacted certain restrictions with regard to obtaining an abortion.  Part of the statutory provision includes § 90-21.88 which … Continue reading

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