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Charlotte Legal Blog

What is abandonment?

When it comes to divorce, North Carolina is a no-fault state. That doesn’t mean that certain behaviors won’t weigh heavily on the judge’s mind when it comes to ancillary issues. One of those actions is “abandonment.” But what exactly is abandonment?

Abandonment comes from the idea that cohabitating is one of your marital duties. If one spouse willingly stops cohabitating, that may constitute “abandonment.” But it’s not quite that simple. It has to be proven that the cessation of cohabitation was not warranted, consensual or temporary. It’s a rather complicated topic, and it’s a good idea to discuss these matters with a family law attorney.

Defining a speedy trial

The Sixth Amendment gives people in North Carolina and around the country the right to a speedy jury trial. Furthermore, a defendant must be tried in front of an impartial jury who finds that person guilty beyond all reasonable doubt. In most cases, the word speedy means a reasonable amount of time after a person is charged and taken into custody. However, a reasonable amount of time may depend on the facts and other circumstances of a case itself.

If a court does decide that a trial took too long to commence, the case may be thrown out entirely. Typically, a jury is made up of 12 people who represent a broad section of the community in which the trial is taking place. Their job is to weigh the evidence and decide if it is sufficient to prove that a person is guilty of the charges brought against him or her.

Helping children through a divorce

Parents in North Carolina and elsewhere around the country that are going through a divorce are likely worried about how their children are going to deal with the situation. There are several ways that people can help their kids cope with divorce.

It may be necessary for parents to have multiple conversations about the breakup with their children. After the first conversation about the divorce, kids may need time to process their thoughts and feelings. If their children do not bring up any questions or concerns, parents should check in occasionally to gauge their true feelings.

Various factors are part of a so-called 'gray divorce"

Statistics tracking the number of divorces in the United States are delving more deeply into the end of a marriage and why it comes about. One that is growing in frequency is the so-called "gray divorce", one that involves people age 50 and older. For couples in Charlotte, knowing the warning signs of when a divorce might be imminent is vital to preparing for the emotions and legal issues that accompany it.

Deeper examinations into the underlying reasons for a gray divorce can help to understand and be ready for it. More than a third of gray divorces involve people who have been married for more than 30 years, and 12 percent of older divorcing couples have been married for more than 40 years. While the number of gray divorces is twice what it was 30 years ago, it is still not considered to be abnormally high compared to other age groups.

Political divorce filings are soaring after Trump's election

A report suggests that couples in North Carolina and around the country have found it difficult to put their political differences aside after Donald Trump's election. Family law attorneys have reported a surge in politically motivated divorce filings since Trump prevailed in November, and Wakefield Research decided to poll Americans to find out how living under the Trump administration has influenced their relationships.

One in 10 of the 1,000 people polled by the Virginia-based firm said that they had ended relationships because of political differences, and 22 percent reported that they personally knew couples who had either separated or were having relationship difficulties because of politics in general and Trump in particular. The study reveals that the political divide seems to run particularly deep among millennials. The research firm says that 22 percent of the younger respondents said that they had terminated relationships over partisan disagreements.

How to handle another parent's substance abuse

Charlotte divorced parents might wonder what they should do if they learn their former spouse is abusing drugs or alcohol. Courts generally learn about a parent's substance abuse in one of three ways. It may come up in a custody hearing, it might be reported to social services, or it might be reported directly to the court.

If a parent raises the issue during a custody hearing, a judge will look into the allegations. Because the judge is trying to assess what arrangement is in the best interests of the child, a number of factors may be taken into account including any past substance abuse.

Study says ignition interlock devices save lives

Charlotte-area drivers who are convicted of drunk driving only have a mandatory requirement to put an ignition interlock device on their vehicle if they have a blood alcohol content at or above 0.15. However, according to a study that appeared in the "American Journal of Preventive Medicine", in states that have mandatory ignition interlock device laws for people with drunk driving convictions at lower blood alcohol levels, lives are saved.

The study found that in states that have a mandatory ignition interlock device law with a first conviction, fatal crashes in which at least one driver was under the influence of alcohol were reduced by 7 percent. It is estimated that since 1993, when states first passed laws about a mandatory device, around 1,250 lives have been saved. There were around 10,000 deaths from alcohol-related motor vehicle accidents in 2014, and this made up around one-third of all motor vehicle-related fatalities in that year.

Report shows how government hacking may be challenged

North Carolina residents may have heard that federal agents are more and more spying on computer users, remotely and secretly, so that they can obtain evidence. However, a report that was released on March 30 offers ways in which this surveillance activity can be challenged.

Attorneys are fighting to keep the evidence that is obtained from being used in court cases. A change to federal criminal procedures has resulted in federal agents only needing a single warrant to remotely search thousands of computers, and they do not need to identify whose information they are capturing or where they are. The report, issued by the ACLU and two other groups, is meant to arm attorneys with the information they need to defend their clients. It also gives details about how criminal defense attorneys can identify government malware in their cases, and then summarizes the most effective and important constitutional and procedural arguments they can employ if a law enforcement official used hacking to gather evidence.

What to do in a child custody hearing

Parents in North Carolina who are going through a divorce might want to consider whether they can compromise on joint custody instead of each of them fighting for full custody. However, if they cannot agree, then the decision might be made by a judge following a custody hearing. If this happens, the parent should prepare for the hearing by researching custody law.

The judge will make a child custody ruling after determining what is in the child's best interests. A number of elements might influence this, and a parent should be willing to compromise with the other parent. They should also dress neatly and behave appropriately during the custody hearing. A parent can bring documentation that helps their case.

Shared parenting means shared photographs for these parents

A child of divorce herself, Victoria B. had very few photographs of her childhood at all, let alone pictures that included both of her parents. After her own divorce, she was determined not to let that happen to her son Bruce.

So, when she was scheduling a family photography session a couple of years ago, she decided to give her ex-husband a call. He agreed to participate, and he came along again last year. They believe it sends the message that, while they may not be together anymore, they are still "loving their son together."

Contact Our Law Firm Today

You deserve to have a skilled legal advocate on your side who will protect your best interests. We will do just that. To schedule a consultation, please call our office in Charlotte at 704-323-7833 or 877-851-1934, or contact us online.

Plumides, Romano, Johnson & Cacheris, PC
301 South McDowell Street, Suite 130
Charlotte, NC 28204

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