Entries by FamilyLaw

Case Law Update: ED and Classification of Life Insurance Proceeds

By Rebecca K. Watts Richter v. Richter, decided COA June 2, 2020 (equitable distribution, classification of life insurance proceeds) During the time Husband and Wife were married to each other, Husband’s ex-wife died. Husband was beneficiary of a life insurance policy that ex-wife had maintained. During the marriage of Husband and Wife, some of the […]

Case law Update: DVPO and Personal Jurisdiction

By Rebecca K. Watts  Mucha v. Wagner, decided COA June 2, 2020 (DVPO, personal jurisdiction) Plaintiff and Defendant had been in a romantic relationship until Plaintiff ended it and asked Defendant not to contact her again. At the time their relationship ended, Plaintiff was a college student in South Carolina and Defendant lived in Connecticut.  […]

Case Law Update: Supreme Court on Custody & Denial of Visitation

By Rebecca K. Watts Routten v. Routten, N.C. Supreme Court, decided June 5, 2020 (custody, denial of visitation) After finding that visitation with Mother would not be in the children’s best interest, the trial court awarded sole physical custody to Father, denied visitation to Mother, and allowed Father to “permit custodial time between the children […]

Spotlight: Incoming Chair Mitchell Kelling

By Ryan Schultz On July 1, 2020, Mitchell Kelling will continue her commitment to the North Carolina Bar Association as the incoming chair of the Family Law Section. Mitchell is currently the principal and practice group leader of the Family Law Practice Group (South) of Offit/Kurman. She boasts a remarkably accomplished resume beginning with her […]

From The Family Law Chair – Lee Scholarship

By Afi Johnson-Parris  When I began practicing family law as a solo practitioner, short on cash and shorter on clients, I polled several colleagues for advice on which reference materials were essential. I had no budget for extras. Nearly everyone I spoke to said, “You’ve got to have Lee’s Family Law.” For many years, Lee’s […]

Family Financial Mediation Program Rule Amendments

By Ketan Soni The Supreme Court has approved Family Financial Mediation program rule amendments which require that next year, all District Court Family Financial Settlement mediators, whether selected by the parties or appointed by the court, must be trained, certified mediators.       If you have: been mediating family cases, have not completed the 40-hour […]

UCCJEA, International Custody Order

By Rebecca K. Watts  Hamdan v. Freitekh, decided May 19, 2020 During the marriage, Mother and the children lived in Israel, while Father lived in Palestine.  Mother and the children moved to North Carolina without advance notice to Father—Mother alleged that the move was due to domestic violence issues and to her concern that Father […]

What in the World Happens Next? How Family Law Attorneys Should Plan Now for Alimony and Child Support Case Modifications

By Tonya Graser Smith The economic side effects of the coronavirus pandemic on divorced or soon-to-be-separated clients can’t be ignored. As family law attorneys, we know the flood is coming. We see the tidal wave. We see the stress of family and work, the emotional imbalance, the inability to make decisions, the very quick accusations […]