By Mark Sullivan

Every once in a while, a claim to divide military retirement benefits is met with a motion to dismiss.

Sometimes such a defense is well-taken, and sometimes it’s a stalling tactic or it’s based on a misapprehension of the law.

Here’s a short summary of jurisdiction and the division of the military pension.

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By Lori Linfante and Pam Deeds Stewart

The COVID-19 crisis has not affected the Notary law in North Carolina. However, the NC Secretary of State’s Office has issued guidance on how to comply with the in-person appearance requirements in this time of practicing social distancing. Some steps that can be taken to reduce exposure to the Notary and the principal (“signer”) are the same as the recommended COVID-19 precautions we should all be practicing such as not shaking hands, cleaning your hands often, cleaning and disinfecting frequently touched surfaces and keeping a 6-foot distance from others. Specific suggestions when notarizing documents are to not share pens (ask the signer to use their own pen), viewing the identification from the tabletop instead of touching the identification, and standing at the opposite ends of a long conference table. Some firms are offering curbside notary services or other outside options as ways to keep their employees and clients safe. These Notary challenges will be increased for parties that reach an agreement while they are participating in a mediation conducted via electronic means. It will be a process of getting the documents to each party at their location and then having them signed and notarized.

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By Janet Gemmell

Do you remember when China started the One Child Policy? While watching a documentary on the unintended tragic consequences of this policy, I started to wonder what may occur if the USA started a similar policy.

Imagine the Federal Bureau for Parental Licensing (FBPL). What if a person had to apply for a license from the FBPL? What kind of requirements and testing would be implemented? Would you be required to be physically and mentally healthy? Maybe an ink blot test? The MMPI-2 administered? Genetic testing? Would marriage or long-term committed relationship be a prerequisite?

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By Jennifer Tharrington 

Since 2018, the Family Law Section has partnered with the Estate Planning and Fiduciary Law Section on a joint task force to review and amend the Uniform Parentage Act for presentation to the North Carolina legislature. This post is a tribute to a founding member of that task force, William (Bill) Drew, who passed away on February 21, 2020. Bill practiced in Charlotte with the firm now known as K&L Gates, until his retirement in 2002. Post-retirement, Bill remained actively engaged in the Estate Planning and Fiduciary Law Section and was one of the first attorneys to recognize the need for updated parentage statutes in North Carolina that better addressed the needs and definitions of modern families. Bill was a visionary and a pioneer that played a fundamental role in the work of the task force. Although retired and in his 70s, Bill noticed and understood the gap in North Carolina’s parentage statutes long before most other practitioners. He cared deeply about protecting all children and wanted to ensure that North Carolina parentage statutes were fair and inclusive—that no child, regardless of how he or she was conceived or born, would fall into a gap in the law. Bill was willing to actually do the work that was necessary to evolve the law and bring it back into alignment with the current reality of the American family. He generously offered his time, energy, and effort. He didn’t just call for change. He was willing to be the change. Bill’s presence on the task force will be deeply missed, and we hope to continue this important work in his memory.

Jennifer