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Judge Recusal in NC

12/17/2016

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Judge in Court
​So you feel like you have drawn an unfavorable Judge and want another? How do you go about getting your Judge disqualified and being assigned a new one in civil or criminal court? Although it may appear obvious to you that your Judge has it out for you, having a new one assigned is no easy task. This may be especially frustrating if your case is an ongoing child custody or divorce battle where the same Judge keeps ruling against you over and over, perhaps for years. 
​The One Judge/One Family Rule in North Carolina basically establishes that the same Judge is often assigned to the same case indefinitely for all matters involving the same family. This can mean you are stuck with the same Judge even if you keep losing over and over again. Since a new Judge may be the only way to get a fresh set of eyes on a case let’s explore some of the criteria to disqualify a Judge in both civil and criminal cases in NC.

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When does Child Support end in NC?

11/6/2016

266 Comments

 
Updated 10/26/2022
When does child support end?
Child support terminates at age 18 in North Carolina unless the child is still in high school. If the child is still in high school child support may extend until age 20 if the child is still making satisfactory progress towards graduation. In no event should child support extend past age 20 under North Carolina law unless a parent has voluntarily agreed to continue support for an extended period pursuant to a contract or separation agreement. 

Does child support ever end early in NC?

Child Support ends early upon the death or emancipation of the minor child. Child support also terminates upon the death of the payor. Also a significant change in the number of physical custody overnights can warrant a termination or modification of child support in NC.

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Disclosing Trial Experts in NC

10/2/2016

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Rules listed in whiteboard
All actions filed on or after October 1, 2015 in North Carolina now require automatic disclosure of expert witnesses to be used at trial. This is a departure from the old rule that required no disclosure absent specific discovery requests, such as interrogatories. The purpose of the new rule is to promote transparency and fairness. The update to NC Rules on expert witnesses moves NC more towards the Federal Rule 26(b)(4).

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Divorce from Bed and Board in NC

7/30/2016

27 Comments

 
Updated 9/7/2021
Divorce Word Cloud

What is Divorce from Bed and Board?

A divorce from bed and board under North Carolina law is not an actual divorce that dissolves a marriage, but instead Is a judicial separation based upon martial fault.

Can I remarry if granted a divorce from bed and board?

​No- Divorce from bed and board in NC does not dissolve the original marriage and the parties remain married to each other until an absolute divorce is granted. 

Is there a waiting period to file for Divorce from Bed and Board?

Unlike a an absolute divorce which requires one (1) year of separation before filing  in North Carolina there is no waiting period to file for divorce from bed and board.

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Divorce and Social Media

6/10/2016

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Divorce and social media
If you are going through a divorce or custody battle and have a Facebook page you need to be on high alert. Even the most innocent picture of you holding a beer can be used as evidence at trial that you are an alcoholic. Your EX likely has access to your page even if you have a private page. You never know which one of your “friends” is really their friend as well. Go ahead and change all your account passwords for everything including banks, email, and social media. There may be hacker software on your computer or phone without you ever knowing. 
The warning above applies to all forms of social media and dating sites such as Facebook, Twitter, YouTube, Instagram, Match.com, and Adultfriendfinder.com. Assume everything you post online or even that group pic your friend posted on their page is admissible in Court. From your relationship status on Facebook to a typo on Twitter- anything is fair game.

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​110 E Jefferson St.
Monroe, NC 28112

(704) 493-6851​

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Copyright © 2023, Witt Law Firm, P.A.
Contact us
  • Home
  • Firm Info
    • Contact Us >
      • Directions to Monroe office
    • Attorney Profiles >
      • Jason D. Witt
    • Fee Schedule
  • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Property Division
    • Alimony and Post-Separation Support
    • Separation Agreements
    • Domestic Violence Protective Order
  • Criminal Law
    • Traffic/DWI >
      • Traffic Tickets
      • Suspended or Revoked License
      • Driving While Impaired
    • Misdemeanors
    • Felonies
    • Expungements
  • Other Areas
    • Bankruptcy Law >
      • Personal Bankruptcy
      • Chapter 7 vs. 13
      • Bankruptcy Myths
      • NC Bankruptcy Exemptions
      • Bankruptcy Means Test
      • Bankruptcy Disclaimer
    • Debt Settlement
    • Foreclosure Defense
  • Blog