The ongoing coronavirus pandemic can add another disturbing statistic: domestic violence incidents have increased in North Carolina. Isolation and lockdowns likely have exacerbated conditions that may have been already present in a rocky relationship. Financial woes and job loss have only increased the stress. For some, these circumstances amounted to…
One form of domestic violence occurring between current or former dating partners or spouses is intimate partner violence. Intimate partner violence (IPV), according to the CDC, affects one out of every four women and one out of every seven men. IPV includes psychological or emotional abuse, sexual abuse, physical abuse,…
October is National Domestic Violence Awareness Month. Although many find comfort and sanctuary within their own home, others do not because of physical violence by a partner. By U.S. Department of Justice estimates, approximately 1.3 million women and 835,000 men endure physical violence by the action of a partner every…
Doyle v. Doyle, 176 N.C. App. 547 (2006) Sometimes, what kicks off a divorce is not a slow descent into a frustrating marriage, but instead a jarring and violent incident that cannot be reconciled. Domestic Violence Protective Orders (DVPO) can be granted to spouses that fear for their or their…
In North Carolina, Equitable Distribution (ED) is how property is divided in divorce proceedings. ED can be a complicated process, and much of it relies on timelines and tracing funds. When people get married, a typical occurence is that separate bank accounts are converted to joint accounts. What happens in…
The doctrine of collateral estoppel prevents courts from entering findings of facts or conclusions of law contrary to previous litigation. The issues must be the same. The issue must be raised and litigated. The issues must be material and relevant to the disposition of the prior action, and determination of…
Stowe v. Stowe, ___ N.C. App. ___ (2020). In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a business? Unlike other forms of property, businesses have reputations that are…
Montague v. Montague, 767 S.E.2d 71 (N.C. App. 2014) Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a small business? Businesses are subject to ED, and valuation of a business can…
We all love a good Mulan-esque warrior story with a happy ending. Family law attorneys have seen it all and are the warriors and champions of family law related issues. Delving into the chaotic family disputes that clients present daily means almost nothing could come as a surprise. Yet, when…
Devine v. Devine, (No. COA19-913) (unpublished) Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses…