News + Insights

When Co-Parenting Fails: How Courts Decide Legal Custody Disputes

Written By Mary Charles Amerson

November 15, 2024

Ever make a decision by flipping a coin? It seems like a reasonable option to decide where to have dinner or which movie to see, but not so pragmatic in major decisions involving your minor children. In a fami…

Gavel in the forecment with glasses and paper and a businessman and woman in the background shaking hands

Marriage, Divorce & the Family Business: Protecting the Family Business from Divorce

Written By William S. Durr and Melody J. King

November 8, 2024

One's ownership in a closely held business (often a family business) may be affected by a separation or divorce. In many situations, the business will be joined as a party in an equitable distribution lawsuit. "Equitable …

And a Partridge in a Pear Tree: Navigating the Holidays as a Blended Family

Written By Lauren Taylor Arnette Quinn

November 5, 2024

When visions of the holidays danced in your head, I doubt that dream bubble floating above your head included a scene where you were sipping cider by the fire with the former spouse of your current spouse or a scene where …

Cropped image of boy and grandfather holding hands

Understanding Grandparents' Rights to Custody and Visitation of a Child in North Carolina

Written By Melody J. King

July 9, 2024

Grandparents may seek custody of, or visitation with, a minor child. However, custody and visitation, although often used interchangeably, are not synonyms under North Carolina law. The distinction is important, especiall…

destoryed wedding cake with bride and groom topper

Working with Your Family Law Attorney: Practical Tips for Surviving the Stress of Separation and Divorce

Written By William S. Durr

May 31, 2024

Multiple studies and respected authors agree – divorce is one of the most stressful life events any person can experience. After 34 years of practice in the family law field, I have represented many individual…

Premarital Agreements and the "Voluntary" Signature

Written By J. Albert Clyburn

February 13, 2024

Premarital agreements offer persons contemplating marriage the ability to plan for the distribution of their assets and liabilities in the event of separation and/or divorce. While the concept of planning for divorce may …

Broken wedding righs on white background

How to File for Divorce

Written By Melody J. King

February 6, 2024

Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for Absolut…

Ward and Smith: Our Highlights of 2023

Written By Laura V. Hudson

December 27, 2023

As we reflect on the past year, it's evident that 2023 has been remarkable for Ward and Smith. We've welcomed new team members, launched new practice groups, and been recognized in some pretty rare air, if we do say so ou…

Student Loan Woes: How Marriage and Divorce Affect Student Loans

Written By Melody J. King

June 14, 2023

Student loans have become a familiar discussion among families and, more recently, a subject for debate between the federal government and the Courts. Knowing how student loans will be treated in the event of a divorce is…

Cartoon businessman looking a gap in walkway

Whose Business is it Anyway? A Business Succession Case Study

Written By Jane Francis Nowell

February 3, 2023

Three Ward and Smith attorneys provided an overview of succession planning, estate planning, divorce, and the separation of assets. The seminar — A Business Succession Case Study — used an interactive presenta…

Yours, Mine, and Ours: Estate Planning for Blended Families

Marriage, Divorce & The Family Business: Is What Is Mine Really Yours Too?

Written By William S. Durr

January 6, 2023

North Carolina's equitable distribution laws provide the framework for determining how property will be valued and divided when one or both partners in a marriage decide to separate. Before doing a deeper dive into how on…

Courts, Custody, & Choices: How to Address New or Existing Issues

Written By Lauren Taylor Arnette Quinn

April 23, 2020

As most people are well aware, the COVID-19 crisis has completely changed how we operate in our daily lives. One place that has felt a tremendous effect as a result of this crisis is our court system. Originall…

Wooden Parents on the opposite ends of a seesaw with kids in middle

7 Guidelines for Parents Sharing Custody of Children During the COVID-19 Pandemic

Written By Lauren Taylor Arnette Quinn

March 18, 2020

With the Governor's proclamation to close schools and restaurants to dine-in customers, now, more than ever, our children are a primary focus during these trying times. All parents are faced with the challenges of e…

Do You Hear What I Hear? A Child's Perspective

Written By Lauren Taylor Arnette Quinn

June 19, 2015

Custody cases are often the most emotionally charged and difficult legal cases to resolve. In North Carolina, a court's focus in custody issues must be determining what result will serve "the best interest" of the mi…