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Abuse Victim Seeks to Amend North Carolina’s One-Year Divorce Requirement

By Randall & Stump, PLLC |

At first blush, the North Carolina law requiring a one-year separation period before a court can grant divorce has some saving qualities. One might view the law as creating the space and time for couples to reconsider divorce, which is especially important when children are involved. However, for certain individuals, the one-year waiting period… Read More »


Why Did I Get Married? Annulment Basics in North Carolina

By Randall & Stump, PLLC |

Annulment is the legal procedure that declares a marriage void from its inception. The marriage is deemed as illegal when it was pronounced, therefore, the effect of an annulment is retroactive invalidity. Annulment is granted on varying grounds depending on the state at issue including insanity, bigamy and incest. Voidable vs. Void Marriages Under… Read More »


What You Need to Know About Domestic Violence Protective Orders

By Randall & Stump, PLLC |

In North Carolina, a domestic violence protective order (DPVO) is a civil relief that is filed in district court. It permits the court to order an alleged abuser to do or refrain from doing certain acts as it relates to the plaintiff. Obtaining a DPVO requires the plaintiff to show that domestic abuse is… Read More »


Property Distribution in Divorce Proceedings

By Randall & Stump, PLLC |

In the United States, divorcing parties, depending on their state of residence, are subject to equitable distribution or community property rules as it relates to the division of their property. Most states adhere to equitable distribution standards while a minority of states observes community property rules. Community Property States Community property encompasses assets that… Read More »


What You Need to Know About Prenuptial Agreements

By Randall & Stump, PLLC |

What is a Prenuptial Agreement? A prenuptial agreement is a premarital agreement that is entered into before marriage and sets out the terms of separation. Prenuptial agreements are usually enforceable unless the agreement was entered into under duress, fraud or the agreement sets out unreasonable grounds thus rendering it void as a matter of… Read More »


Considerations When Divorcing in North Carolina

By Randall & Stump, PLLC |

North Carolina Permits Fault and No-Fault Divorce When it comes to grounds for divorce, North Carolina is a hybrid state. It permits filings for both fault and no-fault divorce actions. It is important that divorcing parties are aware that North Carolina is a no-fault state as no-fault normally provides individuals with a speedy and… Read More »


Consider These Seldom-Discussed Separation Agreement Terms

By Randall & Stump, PLLC |

A separation agreement is usually the first legal instrument a divorcing couple will agree upon. Although the parties are still legally married, the separation agreement mandates and directs the affairs of the parties while they are living separately. The agreement is crucial as it can set the tone for the final agreement that is… Read More »


Divorce Mediation in North Carolina

By Randall & Stump, PLLC |

What is Mediation? Mediation is an out-of-court alternative dispute resolution method that takes the place of tradition in-court proceedings. Mediation focuses on collaboration and discovering common ground within a dispute. Generally, mediation is a voluntary process; however, some states mandate mediation as a starting point for certain disputes. Even though mediation is generally a… Read More »


Exploring Common Law Marriages in North Carolina

By Randall & Stump, PLLC |

Common Law Marriages A common law marriage is a legally recognized marriage that is permitted in certain jurisdictions and does not require a license or a ceremony. In these marriages, the state will recognize when two people live together as spouses and hold themselves out as a married couple. North Carolina does not recognize… Read More »


Components of Child Support Costs in North Carolina

By Randall & Stump, PLLC |

Today the examination will focus on the different components of child support in North Carolina. Before progressing any further, it is vital to note that the North Carolina courts will always try to act in the best interests of the child. If need be, the courts will take unorthodox actions to protect the children… Read More »

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