The Effect of Reconciliation on Claims Arising From First Marriage

Our North Carolina family law specialist, Ashley D. Bennington, represented a husband in an appeal before the North Carolina Court of Appeals where the question was whether the wife could refile her claims for equitable distribution and alimony arising from the first marriage of the parties.  The Court of Appeals affirmed the trial court’s decision and ruled in favor of our client determining that the wife’s claims were time barred.  A copy of the opinion of the Court of Appeals can be found here:  https://appellate.nccourts.org/opinions/?c=2&pdf=35539.  In the instant case, the parties were separated and divorced in the years 2005 and … Continue reading

Grandparent Rights? Requesting Visitation with Your Grandchild

People often call our offices at Black, Slaughter & Black, P.A. asking about grandparent rights.  In North Carolina, grandparents do not have unlimited access to their grandchildren and there is no formal acknowledgement of grandparent rights.  For instance, if the mother and father of your grandchild are married and decide at some point that they do not want you or certain other  grandparents to spend time with or otherwise have access to a child, the grandparents are left with limited legal options to seek access to their grandchild. Absent a showing of unfitness or acts inconsistent with a parent’s constitutionally … Continue reading

Legally, Do I Need Something in Writing To Be Separated From My Spouse?

This is probably one of the frequent questions we as family law attorneys at Black, Slaughter & Black, P.A. hear when meeting with clients for initial consultations. Movies and televisions shows have led viewers to believe that before you are separated from your spouse, you must have an agreement in place or some other document signed by both spouses declaring that you are separated. While this may be the case in some states, in North Carolina no document or other writing is required in order for spouses to be considered separated.  Spouses are considered separated under North Carolina law when … Continue reading

I think I made a mistake getting married …Getting an Annulment in North Carolina

Unfortunately there are times following a marriage that parties realize that their marriage is not going to work. When this happens within a relatively short time following the marriage, we are often asked by clients, “Can’t I just get an annulment?” In North Carolina, annulments are only granted based on limited circumstances set forth by statute. Those circumstances include: · When the parties are first cousins or closer in relation; · When one of the parties was under the age of 16 at the time of the marriage, unless there is a court order in place, the female party is … Continue reading