Cary Family Law Lawyer, North Carolina


Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Scott Montgomery

Farms, Family Law, Divorce, Child Support
Status:  In Good Standing           

Lynn A. Montgomery

Family Law, Adoption, Divorce & Family Law
Status:  In Good Standing           

Bobby D. Mills

Family Law, Child Custody, Child Custody, Adoption, Divorce & Family Law
Status:  In Good Standing           

Michael J. Denning

Estate Planning, Family Law, Criminal, Contract
Status:  In Good Standing           

Sydney J. Batch

Real Estate, Litigation, Estate Planning, Family Law
Status:  In Good Standing           

Heather J. Williams

Farms, Family Law, Divorce, Child Support
Status:  In Good Standing           

Sue Brown

Dispute Resolution, Child Support, Collaborative Law, Farms
Status:  In Good Standing           

Laura Esseesse

Family Law, Alimony & Spousal Support, Divorce, Child Custody
Status:  In Good Standing           

Rebecca Ashley Nelson

Alimony & Spousal Support, Child Custody, Divorce, Family Law
Status:  In Good Standing           Licensed:  16 Years

N. David Mufuka

Family Law, Business & Trade, Immigration
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

INJUNCTION

A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.

ANNULMENT

A court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare since the advent of no-fault divorce but may be obtained ... (more...)
A court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare since the advent of no-fault divorce but may be obtained in most states for one of the following reasons: misrepresentation, concealment (for example, of an addiction or criminal record), misunderstanding and refusal to consummate the marriage.

TEMPORARY RESTRAINING ORDER (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court ... (more...)
An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.

CONNIVANCE

A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adul... (more...)
A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adultery, and if he tried to divorce her for her behavior, she could assert his connivance as a defense.

ARREARAGES

Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged i... (more...)
Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged in bankruptcy, and courts usually will not retroactively cancel them. A spouse or parent who falls on tough times and is unable to make payments should request a temporary modification of the payments before the arrearages build up.

FOREIGN DIVORCE

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.

WRONGFUL DEATH RECOVERIES

After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is i... (more...)
After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.

NEXT OF KIN

The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.

STEPPARENT ADOPTION

The formal, legal adoption of a child by a stepparent who is living with a legal parent. Most states have special provisions making stepparent adoptions relativ... (more...)
The formal, legal adoption of a child by a stepparent who is living with a legal parent. Most states have special provisions making stepparent adoptions relatively easy if the child's noncustodial parent gives consent, is dead or missing, or has abandoned the child.

SAMPLE LEGAL CASES

Mason v. Dwinnell

... Thus, the trial court properly concluded in its 1 June 2006 order that Mason "has standing to pursue custody of the minor child." See also 3 Suzanne Reynolds, Lee's North Carolina Family Law § 13.4.c.ii, at 13-21 (5th ed. 2002) ("The plain language of the North Carolina statute ...

Craddock v. Craddock

... (Emphasis supplied). The legislative policy and goals of this statute was articulated in Lee's North Carolina Family Law treatise: The ... 2 Suzanne Reynolds, Lee's North Carolina Family Law § 9.85, at 493-94 (5th ed.1999). In ...

Hall v. Hall

... No. COA07-624. Court of Appeals of North Carolina. February 5, 2008. Wake Family Law Group, by Julianne Booth Rothert and Marc W. Sokol, Raleigh, for plaintiff-appellee. Kristoff Law Offices, PA, by Sharon H. Kristoff, Clayton, for defendant-appellant. HUNTER, Judge. ...