Blog

The North Carolina Court of Appeals recently reversed a trial court’s renewal of a Domestic Violence Protective Order (DVPO) in Roy v. Martin. The case highlights the evidentiary burden required to extend a protective order, particularly when the original DVPO was entered by consent and without findings of fact. Case Background - Parties: Courtney Roy ...

In North Carolina, child custody disputes often involve not just parents, but also grandparents, relatives, or even third parties like the Department of Social Services (DSS). At the heart of these disputes lies a key question: What rights do natural parents have compared to third parties? The North Carolina Supreme Court and Court of Appeals ...

The North Carolina Supreme Court recently addressed a dispute in Smith v. Smith that highlights how stipulations between parties in equitable distribution can be challenged—and how a party’s own trial strategy can limit their appeal options. The Court’s ruling affirms important principles about stipulations, motions to set them aside, and the doctrine of invited error. ...

Divorce requires dividing property, and while homes, cars, and retirement accounts usually get the most attention, timeshares often create unexpected headaches. Timeshares have unique rules, fees, and resale challenges, which means they don’t fit neatly into the equitable distribution process. If you and your spouse own a Marriott, Hilton, Disney, Wyndham, or other timeshare, here ...

The North Carolina Court of Appeals recently addressed the limits of judicial review over family law arbitration awards in Gallagher-Masonis v. Masonis. The case highlights how premarital and postnuptial agreements, the division of marital versus separate property, and arbitration in family law disputes intersect in practice. It also shows how appellate courts will respect arbitration ...