Creston Family Law Lawyer, North Carolina
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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The Law Office of Nancy Rivenbark, Boone, NC 28607
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659 W King St, Boone, NC 28607
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Boone, NC 28607
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LEGAL TERMS
ISSUE
A term generally meaning all your children and their children down through the generations, including grandchildren, great-grandchildren, and so on. Also called... (more...)
A term generally meaning all your children and their children down through the generations, including grandchildren, great-grandchildren, and so on. Also called 'lineal descendants.'
LEGAL CUSTODY
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.
RESPONDENT
A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must r... (more...)
A term used instead of defendant or appellee in some states -- especially for divorce and other family law cases -- to identify the party who is sued and must respond to the petitioner's complaint.
FAULT DIVORCE
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)
A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.
CRUELTY
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.
MINOR
In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in ... (more...)
In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in the military, married or living independently with court permission. Property left to a minor must be handled by an adult until the minor becomes an adult under the laws of the state where he or she lives.
MARRIAGE
The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the... (more...)
The legal union of two people. Once a couple is married, their rights and responsibilities toward one another concerning property and support are defined by the laws of the state in which they live. A marriage can only be terminated by a court granting a divorce or annulment. Compare common law marriage.
ORDER TO SHOW CAUSE
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)
An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.
QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMSCO)
A court order that provides health benefit coverage for the child of the noncustodial parent under that parent's group health plan.
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. ...
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