Brackney v. Brackney, 682 S.E.2d 401 (N.C. App. 2009). Facts: Plaintiff and Defendant had a child with severe neurological needs. To accommodate the child’s needs, they chose to build a single-level home that was accessible. The child unfortunately passed. The parties then separated a year later. The home’s construction was…
Are you recently separated or divorced and have started receiving bills for unpaid medical expenses of your former spouse? Are these bills for medical treatment your former spouse received after you separated? The Doctrine of Necessaries, which creates a legal duty for the husband to provide for the expenses of…
In recent celebrity news, Kim Kardashian and Kanye West have decided to get divorced. Undoubtedly, the couple signed a prenuptial agreement that handles much of the property division claims. But one aspect that is interesting about their eventual property settlement, is the issue of royalties. It is likely that the…
We are all keenly aware of the emotional effects that separation and divorce can have on our families and ourselves. People at the beginning of a separation or divorce often overlook the physical effects of this process. While the issues listed in this article mostly mirror the issues experienced by…
Gribble v. Medcat Enters., (No. COA19-1092) (unpublished) In North Carolina, some issues can be settled with a pre- or post-marital agreement. This is a contract. In such contracts, spouses can agree to certain terms and conditions, as well as insert an Arbitration Clause. There are certain advantages to arbitration, such…
Dogs are a large part of many families. But what happens with the family pet when you are separating or seeking a divorce? Although many consider pets family, North Carolina considers pets as property. Like all other property, they could be subject to equitable distribution. North Carolina is an equitable…
The blame for divorce rates being higher than ever may lie with the coronavirus pandemic. Many lawyers are reporting that the weeks leading up to the holidays have been hectic for them. According to one report, courts have handled a much higher number of divorce filings than usual. Typically, the…
Think of all the personal data that is collected by your smartphone. Voicemails, text messages, messaging apps, Facebook, Twitter, Instagram, and dating apps. These can all contain, if not confidential, highly personal and private information you may not want your spouse to have if you are going through a divorce.…
Estes v. Battiston, ___ N.C. App. ___ (2020). In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have…
The ongoing Covid-19 pandemic has made fundamental changes in how people interact with the world around them. Businesses immediately felt the impact. Small businesses of all kinds were forced to shut their doors in order to protect the public and their employees. The Paycheck Protection Program (PPP), among other emergency…