North Carolina Family Law News

You couldn’t agree on anything when you were married why should it be any different after you are divorced? Prior to divorce, communication is usually strained if not broken. Often times, the process of separation and divorce only exasperates prior communication problems. Ask yourself the following questions to determine if you are one of the millions of parents for whom co-parenting doesn’t work.

Do disagreements arise regarding the interpretation of the parenting plan that is in place? Do you have difficulty agreeing to temporary schedule changes? Do conflicts arise because of different household rules or discipline styles? Does your ex-spouse have difficulty complying with the parenting plan that is in place? Are you or your ex-spouse angry at the other? Do you distrust your spouse? Do you and your ex-spouse frequently have to resort to the court for resolution of your disputes? If the answer to any of these questions is “yes,” a parent coordinator may be in your child’s best interest.

What is a parent coordinator?

Simply stated, a parent coordinator is a person appointed by the court to help a family reduce and resolve conflict.

In North Carolina, the court may appoint a “parent coordinator” at any time during a child custody action involving minor children if all the parties consent. The primary role of the parent coordinator is to reduce conflict by identifying disputed issues, reducing misunderstandings, clarifying priorities, exploring compromise, developing methods of collaboration in parenting, and ensuring compliance with the court’s order of custody. In addition, the court may authorize a parent coordinator to determine issues regarding the implementation of the parenting plan that are not specifically governed by the court order when the parties are unable to reach an agreement.

My ex-spouse and I can’t agree on anything. What happens if my ex-spouse will not agree to a parent coordinator?

In North Carolina, the court may appoint a parent coordinator without the consent of both parties upon entry of a parenting plan or custody order. The order must result from a hearing in which both parties were present; not an ex parte order. In addition, the court must find that the case is a “high conflict” case, that the appointment of the parenting coordinator is in the best interests of any minor child, and that the parties are able to pay for the cost of a parent coordinator.

Can anyone act as a parent coordinator?

No. In North Carolina the district court maintains a list of qualified parenting coordinators. To be eligible, the person must meet the following requirements:

1) Hold a master’s degree in psychology, law, social work, counseling, medicine, or a related subject area.

2) Have at least five years of related professional experience.

3) Hold a current license in the parent coordinator’s area of practice.

4) Complete the required training in topics related to the developmental stages of children, the dynamics of high-conflict families, stages and effects of divorce, problem solving techniques, mediation and legal issues.

5) To remain eligible, the person must also attend parent coordinator seminars providing continuing education, group discussion, peer review, and support.

What is the court’s role following the appointment of a parent coordinator?

Following the appointment of a parenting coordinator, the court retains authority to determine fundamental issues of custody, visitation, and support, as well as the authority to exercise the management and control of the case.

Is a parent coordinator a good idea in every case?

While many cases may benefit from the appointment of a parent coordinator, there are some cases where a parent coordinator may not be appropriate because of financial constraints, issues of domestic violence, or substance abuse. However, even in cases where there has been domestic violence or substance abuse a parent coordinator with specialized training in these areas may be helpful.

By: Carole Gailor - Raleigh North Carolina Divorce Attorney / Family Lawyer

Experienced in all aspects of divorce and family law including child support, child custody, alimony, and asset distribution, the Raleigh, North Carolina law firm of Gailor Wallis & Hunt is dedicated to excellence in the practice of divorce law and commitment to their clients.

Raleigh, N.C. — April 3, 2008 –  Sadly, over half of all marriages in the United States end in divorce. This leaves many people in need of reliable advice in their time of difficulty. Family law practices across the nation offer men and women a wide range of legal services for resolving matters related to divorce, however the Raleigh, North Carolina Family Attorneys of  Gailor, Wallis, & Hunt (GW&H) is taking a greater initiative to help citizens of its state and across the country make informed decisions on who they should choose.

Sound Advice, Free of Charge

It is often said that good advice does not come cheap. By providing a wealth of information on their web site, the attorneys of Gailor, Wallis, & Hunt are trying to help men and women facing separation and divorce in North Carolina make good decisions when hiring an attorney without feeling they have to pay for this important information. The GW&H family law firm, located in North Carolina, has assisted clients with matters related to marriage, separation and divorce for over 14 years. The firm has used its experience to compile of list of key issues to consider when searching for the appropriate attorney to handle claims related to divorce, custody, child support, domestic torts, premarital and post-union agreements, alimony, and other matters of family law.

If the Answer Isn’t Yes

GW&H recommends that when selecting the right family law attorney, you should be able to say yes to the following:

? Does the attorney take time to listen to you and discuss alternatives to litigation including mediation and arbitration?
? Do you have a feeling of confidence in the attorney’s skill,
knowledge and experience?
? Does the attorney have a good reputation in the
community?
? Is the attorney experienced in successfully handling similar
cases?
? Do you believe the attorney is telling you both the
“pros” and “cons” of the case?
? Do you feel like the attorney will be responsive to
questions and timely handle your case?
? Is the attorney’s contract clear, and are the fees
reasonable?

Gailor, Wallis, & Hunt is encouraging individuals to visit them online for more detailed advice on separation and divorce in North Carolina.

For more information about Gailor, Wallis, & Hunt, please visit http://www.gailorwallis.com

Once suspicion is aroused that your spouse may be committing adultery or having an illicit sexual relationship, what steps can you take legally to determine if your suspicions are correct.

Hire a Private Investigator: generally, hiring a private investigator who is experienced in divorce investigations is the best bet to confirm suspicions of adultery. The drawback is that private investigators can be expensive and there is no way to determine, in advance, how long the surveillance will take to discover evidence of the suspected infidelity. Read the rest of this entry »

Spouses in North Carolina whose husbands or wives infect them with a sexually transmitted disease (STD) can sue for monetary damages. North Carolina first recognized the right of a spouse to sue the other for transmission of a venereal disease as early as 1920 in the case of Cromwell v. Cromwell, 180 N.C. 516, 105 S.E.2d 206. In Cromwell, the wife alleged that during the marriage her husband contracted a venereal disease from having sex with other women, took advantage of his marital relations with her and, as a result, infected her with the disease. The jury awarded the wife $10,000 in damages - quite a bit of money in 1920.Since the Cromwell case, there has not been another published appellate opinion in North Carolina dealing with claims for transmission of an STD between spouses. Often, cases that involve this issue settle before trial, perhaps because of the sensitive nature of the allegations and a desire to keep embarrassing facts out of the public forum, or simply because of difficulties in proving the allegations.

When it can be proven that one spouse infected the other with an STD, however, awards in other states indicate that awards for damages can be significant. In 1995, a New York jury awarded a wife $630,000 in damages after her husband infected her with herpes, which he’d contracted during extramarital sex. In Louisiana, a jury awarded a wife $125,000 in damages from her husband after he infected her with herpes. These awards indicate that STD transmission should not be taken lightly in the context of a divorce. Instead, the issue may very well constitute a valuable part of a client’s case - or pose a serious financial risk to a spouse accused of transmitting the disease to his or her spouse.

Lawsuits involving transmission of a venereal disease are a variety of personal injury claims and are typically based on negligence or fraud. Courts have held that individuals who know or reasonably should know that they have an STD have a duty to either avoid sexual contact or to warn sexual partners that they have the disease before contact occurs.

Additionally, because courts generally regard the relationship between husband and wife as a special, confidential relationship, most courts addressing the issue have held that the marital relationship arguably imposes a duty on the infected spouse to disclose his or her disease to the other. On the other hand, if a spouse does not know or have reason to know that he or she has a sexually transmitted disease, then there is arguably no duty to disclose and therefore no liability.

There is no bright-line test for the level of proof sufficient to show that a spouse knew or should have known that he or she had an STD at the time it was transmitted. North Carolina has not specifically addressed this issue. Courts in other states have held, however, that a legal duty to use reasonable care to avoid infecting others may arise even when a person does not have medical confirmation that he or she has the STD prior to transmitting it. For example, a Minnesota appellate court has held that a reasonable person with recurring genital sores who has also been told by a physician that a herpes culture is advisable should know there is a possibility that he has - and might transmit — herpes. The Louisiana court has indicated that a person who experiences genital warts most likely knows he has an STD, regardless of whether he obtained a formal medical diagnosis.

Whether bringing an action or defending against a claim involving STD transmission, medical testimony from a reputable expert may be necessary to prove liability or to present a strong defense to the claim.

Introduction - Valuing the Business - For business owners separation and divorce present many substantial questions including: how will my business be valued?; will I be able to keep my business? ;my spouse is a shareholder in the business, will the company be able to redeem my spouse’s shares? This is the first in a series of articles that will address the issues that arise when a business owner is involved in a separation and/ or divorce, beginning with the most critical - establishing the value of the business.

The Most Important Steps - The two most important steps a separated or divorcing business owner must take to protect his or her business is to (1) hire a divorce lawyer who specializes in handling cases involving business valuation and complex financial transactions, and (2) retain a competent business valuation appraiser who has experience in litigation. In North Carolina, when a couple gets separated and divorced, the entire marital estate must be valued. If one or both of the spouses owns all or part of a business, that business must be valued as part of the marital estate. Typically, counsel for both spouses will each independently hire an expert to value the business, and more often than not, the resulting values of the opposing experts are vastly different, in some cases to the tune of millions of dollars apart. In order to obtain a value on the business that is accurate and will be accepted by the court, your divorce attorney must have significant experience in business valuation cases. An attorney with experience handing cases involving business valuation can identify business valuation experts that are competent and experienced and can easily spot those that should be avoided and are easy prey for annihilation on cross examination.

Pennywise and Pound Foolish - Competent divorce lawyers skilled in business valuation issues are not inexpensive. Neither are competent business appraisers. Hiring a CPA or economist who does not have the necessary business valuation training and experience may save you money on the front end, but his or her value may ultimately cost you thousands of dollars or more in the end because it will be shredded in cross-examination and rejected by the court. The old adage you get what you pay for applies in this context, and divorcing business owners must be careful not to compromise their entire case by hiring either inexperienced counsel or appraisers. Common missteps include hiring “experts” that:

* Lack appropriate credentials and experience to accurately appraise a business;
* Fail to adhere to ethical and professional standards that govern business valuation;
* Act as an advocate or “hired gun” ultimately compromising the appraiser’s opinion of value by showing bias and lack of independence;
* Have no experience defending their business valuation in cross examination;
* Produce reports filled with typographical, grammatical and mathematical errors.

All of these costly mistakes can be avoided by hiring a lawyer who is knowledgeable - about business valuation issues as well as an experienced and well trained business valuation expert.

February 21, 2008 - Since 1994, Gailor Wallis & Hunt has remained professionally and personally dedicated to the success of every North Carolina divorce case they encounter. Since that time, the divorce law firm has expanded to an eight-lawyer “boutique firm” that covers the gamut of practice areas including complex equitable distribution, post-separation support and alimony, custody and child support, marital tort litigation, premarital and pre-union agreements, guardianship, and family law appeals and adoptions. Read the rest of this entry »

Fully committed to the interests of its family law client - The North-Carolina based law firm of Gailor, Wallis & Hunt PLLC has zealously advocated for its clients since 1994. Recognized as one of the state’s most accomplished firms in the areas of family law, GWH knows that divorce law typically causes clients to experience an emotional rollercoaster of feelings caused by loss of spouse, loss of financial stability, and/or the loss of child custody matters, as they undergo one or several of these disconcerting changes around them. However one thing will never change and that is GWH’s commitment to protect their clients’ interests during those turbulent times.

The attorneys GWH are the best at what they do. Founding partners Carole Gailor and Cathy Hunt have both been recognized, in the North Carolina Business Magazine, by their peers as members of the “Legal Elite.” Apart from the fact that all the firm’s attorneys are well versed in family law matters in general, each lawyer also develops a skill in a specialized field in family law such as complex business valuations in equitable distribution cases, adoption, domestic violence, child abuse and family law appeals to name a few. No family law matter is too complex for the firm to handle.

GWH attorneys are known to be tough, tenacious, and well-prepared to advocate their clients’ case in and out of court. A proven track record shows that clients at all income levels placed their family law matters with the firm, and were repaid by energetic and rigorous advocacy as the GWH attorneys anticipated every twist and turn that a case or trial took. Every GWH attorney follows the philosophy of thorough case preparation and excellent advocacy in order to maintain the firm’s winning track record.