When it comes to the division of marital property, one question we are commonly asked is what happens if the value of an asset, such as a home, increases during the pendency of the case? In North Carolina, there is a specific provision of the law addressing this exact scenario:…
Articles Posted in Divorce
Annulments and the 90 Day Fiancé
TLC’s 90 Day Fiancé television show has been an unexpected reality TV hit – so much so that there are now countless spin-offs involving the hijinks of favorite cast members. The culture shock is very engaging, and reality TV is all about entertainment, but there is a kernel of legal…
An Odd Development in Divorce
Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup.…
Summary Judgment and Alimony Claims
WATSON V. WATSON, 2023-NCCOA-______ (2023) Facts: Husband and Wife married in 2004. They separated, and in 2020 Wife filed a complaint for alimony and other relief. In 2021, the trial court granted a summary judgment, denying alimony. Husband argued that Wife’s illicit sexual behavior barred her claim to alimony. At…
Witherspoon/Toth Divorce Announced
Reese Witherspoon and Jim Toth announced the end of their marriage on Friday, March 24, 2023. According to sources, Witherspoon filed the paperwork in the Circuit Court of Davidson County near their home in Nashville. The Oscar winner and super-agent have one son together, Tennessee James, age 10. Additionally, according…
Voluntary Dismissal and Post Separation Support
BROSNAN V. CRAMER, 2023-NCCOA-______ (2023). Facts: The facts here are simple. Plaintiff and Defendant married in 2008. After years of marriage, Plaintiff filed claims for alimony, child custody, child support, equitable distribution, post separation support (PSS), and attorney fees on October 15, 2020. Defendant filed his response on January 20,…
Speculative Taxes and Equitable Distribution
Dolan v. Dolan, 148 N.C. App. 256 (2002). Facts: Plaintiff and Defendant married in 1971. Plaintiff went to optometry school and eventually he started his own practice and also bought rental properties to supplement the family income. The parties separated in 1994. A claim for Equitable Distribution (ED) was brought…
Equitable Distribution and Separate Property
DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished). Facts: Husband and Wife separated and a claim for equitable distribution was filed by Husband, who claimed that he ought to receive more than fifty percent of all marital and divisible property. Husband contended that he sold his separate residence, a house owned before…
Rule 4 Service of Summons and Complaint
SCOTT V. VURAL, 2023-NCCOA-________ (2023) (unpublished). Facts: This is a personal injury case. However, the rules for service apply to almost all civil cases. There was an automobile accident in February of 2018. In February of 2021, Plaintiffs filed a lawsuit and attempted to serve defendant by certified mail pursuant…
Alimony as Done in Spain
Ivana Moral and her ex-husband were married for 25 years. Recently, a Spanish judge ordered Moral’s ex-husband to pay her $215,000.00 as compensation for 25 years of housework handled by Moral throughout the couple’s marriage. Moral won the judgment after arguing before the Spanish judge that she had been…