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Family Law

Campbell Law Review

Journal

1984

Articles 1 - 3 of 3

Full-Text Articles in Law

The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton Jan 1984

The Professional Degree As Marital Property Under North Carolina's Equitable Distribution Statute, Darnell A. Batton

Campbell Law Review

The Legislature in enacting the North Carolina Act for Equitable Distribution of Marital Property altered the common law approach of dividing property upon divorce strictly according to record title. Under the new statute, marriage is viewed as a joint venture to acquire property through monetary and non-monetary efforts of each spouse. The Legislature authorizes the courts to reward these mutual efforts by dividing marital property in an equitable fashion. Marital property is that real or personal property acquired during marriage which is traceable to the joint efforts of both spouses. Under the new statute, only that property classified as "marital …


Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr. Jan 1984

Coercive Governmental Intervention And The Family: A Comment On North Carolina's Proposed Standards, The Hon. Clarence E. Horton Jr.

Campbell Law Review

It is ... the purpose of this comment ... to examine the broad changes which the proposed standards would make in the present child-protection and foster care system, and to suggest additional areas in which further study is needed.


A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr. Jan 1984

A New Rule For Consent Judgments In Family Law - Walters V. Walters, H. William Palmer Jr.

Campbell Law Review

In the process of obtaining a divorce, the husband and wife frequently enter into a consent judgment which outlines the rights and obligations of the parties. The agreement commonly deals with both the alimony and property provisions of the settlement and is incorporated into the court's decree. Consent judgments are commonly designated as one of two types. The first is treated as a contract between the parties and is not modifiable without their consent. The second is treated as a court ordered judgment and is both modifiable and enforceable by the court's contempt power. The language of the agreement and …