Greensboro NC Family Law Attorney Blog | North Carolina Child Custody Lawyer

Even compassionate surrogacy arrangements require protection

On behalf of McKinney Justice Perry & Coalter posted in Surrogacy Rights on Thursday, May 16, 2013.

Family law can often involve some very personal and difficult issues, and so it is refreshing from time to time to hear about stories where the circumstances, involving appropriate legal planning, ensured a successful and happy ending. Along those lines, our readers here in North Carolina may be interested to learn about a recent successful surrogacy arrangement that left a family feeling closer than ever.

The story has a familiar beginning. A woman and her husband tried everything to get pregnancy; after many unsuccessful attempts to conceive naturally, the couple tried in vitro fertilization, which also failed to end in pregnancy. Just as their hopes of having a child started to slip away, her sister - married with three young children - reaffirmed her willingness to carry the child on the couple's behalf. After some consideration, the couple took up the offer.

NASCAR star Danica Patrick gets high speed divorce

On behalf of McKinney Justice Perry & Coalter posted in Divorce on Wednesday, May 8, 2013.

Since NASCAR is one of many sports people follow here in North Carolina, readers of the blog may have heard that the sport's most famous female driver, Danica Patrick, recently finalized her divorce from her husband of seven years. Patrick, who is 31-years-old, was 17 years younger than her ex-husband, and has now begun dating a fellow NASCAR driver, Ricky Stenhouse Jr., who is 25-years-old.

Patrick and her ex-husband signed a prenuptial agreement before their marriage in 2005, so, in many ways, this facilitated a faster and less contentious divorce proceeding. A prenuptial agreement can allow the parties to settle issues like property division in the event of a divorce, so both parties know what to expect if the end of the marriage is imminent.

Waiting periods for divorce may be decreased in other states

On behalf of McKinney Justice Perry & Coalter posted in Family Law on Tuesday, April 30, 2013.

Readers of the blog have no doubt heard about the new legislative proposal to increase the waiting period for divorce in North Carolina from one year to two years. While the bill has been largely criticized as an unnecessary state intrusion into people's personal family law issues, there are many practical reasons why the bill could very well end up making things worse for unhappily married couples - and everybody else for that matter.

Opponents have noted that domestic violence is already on the rise in North Carolina, which may be related to the severe cuts in mental health and substance abuse treatment seen across the state in recent years. People who can't get help and are forced to remain in dangerous marriages might be more vulnerable now more than ever.

Domestic violence incidents becoming more frequent

On behalf of McKinney Justice Perry & Coalter posted in Family Law on Wednesday, April 24, 2013.

A new study showed that the number of people killed in domestic violence incidents in North Carolina last year increased significantly. In 2012, 78 women and 44 men died as a result of domestic violence statewide. This is up over 10% from the previous year.

Domestic violence is perhaps the most insidious family law issue people may ever have to deal with. It is a major concern for anyone who has ever had to deal with the vicious cycle of domestic violence, and top officials are taking steps to stop this number from increasing any further. "I have great concern about this increase," said Attorney General Roy Cooper.

Potential new divorce hurdles for North Carolina

On behalf of McKinney Justice Perry & Coalter posted in Divorce on Thursday, April 18, 2013.

The state legislature has recently considered a new proposed regulation to make getting a divorce more difficult here in North Carolina. A new Senate bill titled the "Healthy Marriage Act" would require people seeking a divorce to remain separated for at least two years and take couples' and family counseling classes prior to finalizing the divorce.

Currently people in North Carolina have to be separated for a full year before finalizing their divorce, but this new proposed legislation would double this time period. In addition to extending the separation period, it also requires that the party seeking divorce provide their spouse with written notice of their desire to divorce before the two year period begins to run. The bill also requires divorcing couples to take communication courses and courses on the impact of divorce on children.

Same-sex divorce inequality is financially devastating

On behalf of McKinney Justice Perry & Coalter posted in Domestic Partnerships on Thursday, April 11, 2013.

People in North Carolina who read this blog regularly have seen a lot of discussion about the inequalities faced by same-sex couples and how their fight is finally getting the long-overdue consideration it deserves from the Supreme Court.

Given that the right to get married is still not guaranteed, it makes sense that the right to divorce for same-sex partners is just as unsettled. Currently, it is exceedingly difficult for same-sex married partners to get a divorce in most states. Even if they are able to get a divorce, same-sex couples and people in domestic partnerships are treated substantially differently from opposite-sex couples under the current federal tax provisions. This in itself puts same-sex couples at a major disadvantage, and if they decide to split up they could be in for a vicious surprise from the IRS.

Same-sex marriage leads to same-sex divorce uncertainty

On behalf of McKinney Justice Perry & Coalter posted in Domestic Partnerships on Monday, April 1, 2013.

People in North Carolina and readers of the blog know that this is a pivotal time for the rights of same-sex partners throughout the state and throughout the nation. Arguments before the Supreme Court have occurred on two cases of extreme importance to the future of same-sex marriage and domestic partnerships in the U.S., and may determine whether the Defense of Marriage Act continues to withstand constitutional challenges and restrict same-sex couples from enjoying the federal benefits that are widely available to opposite-sex couples.

The Supreme Court may finally provide some measure of stability on the issue, which will hopefully spurn states to address the issue with more uniformity than they have up until now. The current state hodgepodge of marriage legality and partnership benefits has caused its fair share of confusion, especially when it comes to ending the marriage.

Breaking the abuse cycle in families with children

On behalf of McKinney Justice Perry & Coalter posted in Divorce on Monday, March 25, 2013.

Residents of North Carolina may have seen that President Obama recently signed into law an important piece of anti-domestic violence legislation, the Violence Against Women Act. Domestic violence is addressed throughout the bill, providing tougher penalties for people who commit acts of violence or rape and providing community support for people caught in the downward spiral of domestic violence.

Many women who are abused do not immediately seek a divorce, but remain in the relationship to work it out. Unfortunately, though, the cycle of abuse and remorse often continues, and these women end up at a higher risk of being abused, or even worse, again. Statistics show that, on average, three women are killed in domestic violence episodes every day in the US.

Divorce has lifelong consequences, do it right

On behalf of McKinney Justice Perry & Coalter posted in Divorce on Thursday, March 21, 2013.

People in North Carolina know that marriage is one of the biggest decisions a person ever has to make, and the same can be said of divorce if things in the marriage go wrong. While a wedding is typically a jubilant event, when the couple is looking forward to spending their new lives together, divorce can be quite the opposite.

Perhaps this can help explain why people might be willing to spend much more time planning their wedding down to every minute detail, but be too filled with dread and negative emotions to give their divorce the time and consideration it needs. After all, a wedding can be lots of fun, and there's really nothing fun about going to court to battle over finances and property in the wake of an ill-fated union.

Big business support domestic partnership in federal case

On behalf of McKinney Justice Perry & Coalter posted in Domestic Partnerships on Monday, March 11, 2013.

Our readers in North Carolina have probably seen a lot of recent coverage about same-sex marriage, both at the state and federal levels. The debate over that issue may be coming to a head very soon, as the Supreme Court is set to hear a pivotal case on the validity of the federal Defense of Marriage Act.

The upcoming case focuses on the constitutionality of denying benefits to members of domestic partnerships that many other married couples enjoy. In this particular case, a woman was forced to pay a huge tax bill when her same-sex partner died and left her the estate. Spouses in a traditional marriage are generally protected from such taxes and enjoy a host of other federal benefits including Social Security benefits.

Greensboro NC Family Law Blog