The Family Law Section offers guidance and continuing information and education on the ever-changing laws and developments in family law. The Family Law Section has 14 committees; these committees address everything from the latest family law issues and continuing legal education courses, to drafting and proposing legislation to the North Carolina General Assembly.
This term, the Family Law Section Legislative Committee assisted with the drafting and proposal (under the sponsorship of several State Representatives) of three new family law bills: H.B. 114, H.B. 122, and H.B. 139. These bills have been heard in the North Carolina General Assembly. House Bill 114 would remove the existing requirement that social security numbers of the parties be disclosed in pleadings for absolute divorce, if there are minor children born during the marriage. If this bill is signed into law, it will prevent social security numbers from being included in divorce filings, which are public record. House Bill 122 would change the law regarding appeals in family law cases. This bill would make it possible for a party to file an appeal to the Court of Appeals (for example, to immediately appeal a child custody or alimony order entered by the District Court), even though other issues in the same case have not yet been resolved by the District Court. House Bill 139 would change how child custody matters are handled when at least one parent is deployed on military duty. All three of these bills were passed in the House and are going to the Senate for consideration.
Mr. Montgomery is the owner and senior attorney at Montgomery Family Law, in Cary, N.C. His practice focuses on divorce, alimony, child custody, child support, equitable distribution of property, and premarital agreements. Over the course of his career, Mr. Montgomery has handled everything from complex litigation involving business assets to international child custody disputes. Mr. Montgomery is a North Carolina Board Certified Family Law Specialist and has been practicing law for over 38 years. In addition to family law, Mr. Montgomery has practiced commercial real property and business litigation.
Mr. Montgomery completed his undergraduate degree at Duke University and earned his law degree from Vanderbilt University in 1974. Following law school, he came back to North Carolina to practice law in Wake County, NC. Outside of the office, Mr. Montgomery is active in the Cary community. Mr. Montgomery served on the Cary Town Council for two terms and the Wake County Board of Commissioners. He also assisted in the efforts to restore the historic Page Walker Hotel in Cary, as well as assisted in the efforts to build the Cary Senior Center. Mr. Montgomery currently serves as a member of the State Capitol Foundation.