What goes on in a Family Law Mediation?
Mediation in domestic relations cases is an adversarial process...
Can a sperm donor claim parental rights if the recipient/donee and her spouse divorce?
This question was recently addressed by an unpublished NC Appellate Court opinion filed on May 17, 2022 in McLane v Goodwin-McLane and Peackock. Plaintiff McLane and Goodman-McLane (recipient) were married and Peackock was the sperm donor. All three entered into a written contract where t...
Dealing with the narcissist
A narcissist has the potential to cause a lot of damage in a divorce case. When dealing with these kind of individuals, certain steps must be taken to ensure that the process continues in a safe and efficient manner. The New Oxford American Dictionary defines narcissism as : Excessi...
Can a same sex couple be common law married in South Carolina?
Common law marriage was ended in South Carolina July 24, 2019. This only applies prospectively. In other words, all claims of common law marriage that existed prior to July 24, 2019 are still valid claims. But South Carolina prohibited same sex marriage until Obergefell v. Hodges, 576 U....
Long Term Separation
Is it advisable for parties to separate and wait one year, or longer, before filing for divorce and a resolution of the property, support, and children's issues?...
Can a person be “common law married” while legally married to someone else?
An older gentleman met with me recently to discuss his desire to end his marriage. Both he and his wife were on their second marriages. They had no children and only some jointly acquired property. He told me that they decided to be Common Law married in 2010 so his girlfriend could get on his...
Punishment for marital fault
What are the penalties the family court can impose on a spouse who commits adultery or other marital fault? It is very common for me to consult with an emotionally distraught person whose spouse has committed marital fault. The most common form being adultery.For obvious reasons, they want their spo...
Must married couples be separated for one year before starting the divorce process?
Married couples must wait one year before an uncontested divorce, but can permanently resolve all issues between them much earlier than this....