News + Insights

The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina

Written By William S. Durr and Melody J. King

Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support. There are two types of spousal su…

A Year in Review: Ward and Smith's Most Read Legal Insights in 2024

As we prepare to close out 2024, we’re taking a moment to reflect on the articles that captured the attention of our readers this year. From legal insights to practical advice, these pieces tackled critical issues w…

Securing Your Legacy: How Marital Estate Rights and Divorce Impact Your Estate Plan

Written By William S. Durr, Melody J. King, and Zachary F. Lamb

Once married, spouses acquire a number of rights in and to the estate of the other spouse.  Marital estate rights create the potential for catastrophic consequences should a spouse pass away at a time when the partie…

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

Written By Mary Charles Amerson

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…

Weathering the Storm: How to Get Your Affairs in Order

Written By Eldridge D. Dodson

In the aftermath of Hurricane Florence in 2018, I wrote this article to help individuals and families navigate the legal and financial issues that often follow a devastating storm. I remember the incredible outpouring of …

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

Written By William S. Durr and Melody J. King

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

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 …

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

Written By Melody J. King

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…

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

Written By William S. Durr

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

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 …

How to File for Divorce

Written By Melody J. King

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…

Protecting Your Family Business for When Marriages End

Written By Merrill G. Jones, II and Zachary F. Lamb

Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that every marriage is going to end in one of two ways, either by death or divorce.  For b…

Ward and Smith: Our Highlights of 2023

Written By Laura V. Hudson

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

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…

Whose Business is it Anyway? A Business Succession Case Study

Written By Jane Francis Nowell

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…

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

Written By William S. Durr

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…

Estate Planning Considerations That Apply to Nearly Everyone

Written By Peter B. von Stein

Our attorneys field questions every day about the nuanced estate planning issues that arise due to a client's unique circumstances, but there also are many fundamental estate planning considerations that apply "across the …

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

Written By Virginia S. Carter and Eldridge D. Dodson

According to recent statistics, four out of every ten families are blended families.  As you might expect, estate planning for blended families is often complicated.  Proper planning requires not only careful fi…

A Farewell to the Current Gift and Estate Tax Exemption?

Written By John R. Sloan

We recently wrote about a window of opportunity to take advantage of the rising estate and gift tax exemption before it sets. It is becoming clearer that the window may be shutting fast.  The opportunity to take…

Year in Review: Ward and Smith's Top Articles of 2020

Written By Laura V. Hudson

Over the past tumultuous year, Ward and Smith attorneys authored more than 190 articles to help our clients stay abreast of ever-changing COVID-19 impacts. That quantity of writing is unprecedented, and led to an inc…

Estate Planning Resolutions for 2021

Written By Peter B. von Stein

The holiday season soon will have come and gone, and many of us will be glad to begin turning the page on the unprecedented year that was 2020.  In retrospect, it is easy to focus on the negative aspects of a year th…

Guardianship May or May Not Be an Answer

Written By Jenna Fruechtenicht Butler

The COVID-19 situation has had many unwanted side effects.  Among them are increased occurrence of depression, substance abuse, and mental illness.  Additionally, our older population has been particularly impac…

How to Contest a Will: The Basics

Written By E. Bradley Evans

We all know that a person can control who will own his or her property after death by signing a will.  But when questions arise as to the circumstances surrounding the signing of the will, what can be done to challeng…

Happy 18th Birthday! Your College-Aged Child is an Adult. Now What?

Written By Virginia S. Carter

Believe it or not, as of your child's 18th birthday, your child is an "adult" in the eyes of the law.  Turning 18 years old, however, has important legal implications that most people do not realize: your ability to …

New NC Law Relaxes Requirements for Execution of Estate Planning Documents

Written By Zachary F. Lamb

Unusual times call for unusual measures.  On May 4, 2020, the North Carolina General Assembly passed Session Law 2020-3 to relax the legal requirements associated with the execution of estate planning and other legal…

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

Written By Lauren Taylor Arnette Quinn

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…

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

Written By Lauren Taylor Arnette Quinn

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…

Estate Planning Resolutions for 2020

Written By Peter B. von Stein

The holiday season has come and gone, and it's hard to believe that we are on the brink of a new year and decade.  For many of us, the start of a new year can be a time of empty commitment to self-betterment.  …

Top 10 Estate Planning Mistakes & How to Avoid Making Them

Written By Virginia S. Carter and Eldridge D. Dodson

As estate planners, we have seen it all over the years.  What we have learned is that people make some common mistakes.  Whether due to procrastination, lack of follow through, or ignoring their own mortality!&n…

Estate Planning Resolutions for 2019

Written By Peter B. von Stein

The holiday season soon will have come and gone.  For many of us, the start of a new year can be a time of empty commitment to self-improvement.  Meaningful resolutions are often made but are rarely kept.  …

Domicile for Public School Enrollment Under Joint Custody in NC

Written By Lauren Taylor Arnette Quinn

It's back to school season and our social media feeds are flooded with families posting photographs of bright-eyed children holding Pinterest inspired chalkboard signs.  But, we would be remiss to not have a conversa…

Why Do You Need a Buy-Sell Agreement for Your Closely Held Company?

Written By Merrill G. Jones, II

Why do you need a Buy-Sell Agreement for your closely held company?  In a nutshell, your business partner might die, become disagreeable, or just simply lose his or her mind, and you need a set of rules to resolv…

Treating with the Enemy: Civil Collaborative Practice

Written By E. Knox Proctor V

If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file a lawsuit, in the hope that you can annihilate the person who did you wrong.   But if it'…

ACA Penalties: Tricky Navigation For a Parent Who is Not Required to Obtain Insurance Coverage

When separated or divorced parents share the responsibility for financial support of their minor children, the determination of which parent pays for the children's health insurance can have surprising repercussions at tax…

The Aftermath of Obergefell: Unsettled Times for Tenancy by the Entirety

Regardless of your politics, your religious beliefs, which side of the social divide you're on, or how you feel about it, one thing is now certain:  same-sex marriages are now legal in this and every other state. …

Company-Paid Personal Expenses May Be Income For Determining Child Support Obligations

It is not uncommon for an employer or an owner of a closely-held business to provide an employee, company member, or corporate officer with residential housing; use of a company owned car and cellular telephone; and a cred…

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

Written By Lauren Taylor Arnette Quinn

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…