Todd 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
PHYSICAL INCAPACITY
The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divor... (more...)
The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divorce, assuming the incapacity was not disclosed to the other spouse before the marriage.
CASE
A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appe... (more...)
A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appellate case, a panel of judges. For example, the U.S. Supreme Court's decision legalizing abortion is commonly referred to as the Roe v. Wade case. Finally, the term also describes the evidence a party submits in support of her position -- for example, 'I have made my case' or ''My case-in-chief' has been completed.'
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.
GIFT TAXES
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form... (more...)
Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form this tax: gifts to tax-exempt charities, gifts to your spouse (limited to $120,000 annually if the recipient isn't a U.S. citizen) and gifts made for tuition or medical bills. In addition to the annual gift tax exclusion, there is a $1 million cumulative tax exemption for gifts. In other words, you can give away a total of $1 million during your lifetime -- over and above the gifts you give using the annual exclusion -- without paying gift taxes.
STIRPES
A term used in wills that refers to descendants of a common ancestor or branch of a family.
IRRECONCILABLE DIFFERENCES
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.
INCURABLE INSANITY
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.
DEPENDENTS BENEFITS
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disabi... (more...)
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disability benefits under the program's rigorous qualification guidelines.
MARITAL SETTLEMENT AGREEMENT
See divorce agreement.
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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