FAQ/Blog

Custody and Alcohol Use

In North Carolina, judges are tasked with determining what visitation schedule is in the best interest of the minor child.  For some families, this determination can be met with obstacles such as illicit drug use, domestic violence or alcoholism.  For instances of illicit drug use, judges can order hair follicle…

Appeal Summary

Appealing orders in family law cases requires quick action once an order is entered by a trial court.  The North Carolina Court of Appeals and Supreme Court review the trial court’s order to ensure the District Court Judge did not abuse their discretion or had sufficient evidence to make the…

Divorce/Annulment Summary

When someone makes the decision to obtain a divorce they often think of issues related to child custody, property division, child support or alimony.  These types of claims play a role in the dissolution of a marriage, but are different from obtaining a divorce. In North Carolina, fault is not…

Contempt Summary

An order signed by a Judge in a family law case sets forth the rights and responsibilities of the parties to that order.   When one of the parties to the Order refuses to comply, or has failed to adhere to their responsibilities required in the Order, then the person’s failure…

Domestic Violence Summary

In 2016, eighty-three homicides occurred in North Carolina as a result of domestic violence. Domestic Violence has both criminal and civil implication.  A Domestic Violence Protective Order (often known as a 50B) is a civil remedy in which a victim of domestic violence may obtain a restraining order against an…

Equitable Distribution Summary

Equitable Distribution in North Carolina involves dividing the parties’ marital and divisible assets and debts.  In North Carolina, martial property is defined as any property presently owned and acquired after the date of marriage and prior to the date of separation, regardless of whose name the property or debt is…

Child Custody Summary

Child custody is a primary concern for parents who are thinking of divorce.  In North Carolina, there is no presumption as to which parent will better promote the interest and welfare of the child and joint custody of the minor child shall be considered when considered by either parent.  North…

Prenup Summary

Prenupitual Contracts Today many couples marry later than they did twenty years ago.  Most couples have a career before they marry.  Many families are blended families with children from previous relationships prior to the marriage.  Prenups are not designed to encourage divorce.  They aid couples by determining issues such as…

Adoption Summary

ADOPTION For Adoptive Parents: Moen Legal Counsel is here to answer your questions and to make the adoption process in North Carolina go as smoothly as possible. We know there is a lot to consider when you are adopting and we want to partner with you to make sure you…

Separation Agreement Summary

Separation Agreements Many couples choose to resolve their issues related to the break up of their marriage through a Separation Agreement.  If a Separation Agreement is drafted carefully and well, it can avoid issues down the road as life unfolds.  Separation Agreements are contracts that address property issues, spousal support…

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