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Equitable Distribution and Gifts

Equitable Distribution and Gifts

By Powers Landreth PLLC |

Can a house be a “gift?”  What is Marital Property? Under the family laws for NC Equitable Distribution and Gifts, a Charlotte home (Denver NC residence) was determined to be marital property in Bond v. Manfredo. Equitable Distribution involves the classification and distrubution of things like homes, bank accounts, personal property, 529 College Savings Plans, and… Read More »

529 Savings Plans Equitable Distribution

529 Savings Plans

By Powers Landreth PLLC |

Equitable Distribution:  529 Savings Plans In an Equitable Distribution NC proceeding, how does the Family Court judge classify college savings plans?  Specifically, are 529 Savings Plans, funded during the marriage and using marital funds, classified as a marital asset, divisible property, or separate property? In a case of first impression clarifying Equitable Distribution, the… Read More »

Equitable Distribution in NC Family Court

Equitable Distribution

By Powers Landreth PLLC |

When people consider divorce in North Carolina, they may focus on things like alimony, child support, and who gets the kids.  That’s understandable.  It makes sense to center on your immediate needs and daily life. And yet, it’s imperative not to concentrate solely on the small numbers and miss the big picture and the truly… Read More »

Charlotte Child Custody and Contempt of Court

Charlotte Child Custody and Contempt of Court

By Powers Landreth PLLC |

The North Carolina Court of Appeals ruled this week on a longstanding Charlotte child custody and contempt of court legal issue, described as, “an exceptionally contentious and prolonged custody battle” between a father and mother in Mecklenburg County Family Court.  Litigation began in January 2007 involving the custody of two children, one of whom… Read More »

Contempt of Court Lawyer Charlotte NC

Criminal Contempt in Charlotte NC

By Powers Landreth PLLC |

Failure to comply with a valid court order in North Carolina may result in proceedings for Contempt of Court in Charlotte NC.  There are actually two types of contempt that apply to North Carolina family laws:  Civil Contempt for willful violation (noncompliance) of a valid Order and Criminal Contempt.  While contempt of court actions may… Read More »

Domestic Violence Protective Orders in North Carolina

By Powers Landreth PLLC |

Whether it’s a complaint of Domestic Violence or some other legal filing or formal lawsuit, Domestic Violence Protective Orders in North Carolina are taken seriously by District Court Judges and the attorneys who provide legal representation for those type of cases.  You should too. After being found not guilty of criminal charges, former United… Read More »

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Child Support in North Carolina

By Powers Landreth PLLC |

Parents are charged with the duty to provide for their children, ensuring the “best interests” and the overall welfare of their children.  Each parent individually bears the responsibility to provide food, clothing, and shelter.  Actions for divorce and child custody also commonly include claims for child support in North Carolina. Determining the appropriate amount… Read More »

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A Review of the Child Custody Determination Process

By Powers Landreth PLLC |

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform law drafted by the Uniform Law Commission in 1997. The UCCJEA encompasses a set of guidelines for courts to follow in their determination of child custody. To date, the law has been adopted by 49 states and Washington, DC. The UCCJEA breaks… Read More »

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The Legalities of Same-Sex Marriage in North Carolina

By Powers Landreth PLLC |

The applicability of federal law in a country where each state is its own sovereign can cause some complexity for issues such as same-sex marriage. Marriage is under the ambit of state law, however, where the federal law interprets state law as a violation of constitutional rights, states must yield to the federal interpretation… Read More »

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Spousal Privilege: When Marriage Protects

By Powers Landreth PLLC |

Spousal privilege is the legal and policy doctrine that accords confidentiality between spouses with an aim to encourage martial harmony and to protect families. There are two types of spousal privilege: (1) testimonial privilege and (2) communications privilege. Each privilege applies in finite circumstances and requires an inquiry into the status of the marriage…. Read More »

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