Aviles v. Vulovic, E076743 (filed June 9, 2022). Facts: Plaintiff Husband married Defendant Wife in 2011. However, Wife’s previous divorce had not yet finalized. Wife’s first marriage ended in a separation, and in 2006 Wife filed a petition for divorce. Wife believed that a divorce would just materialize automatically six…
Articles Posted in Divorce
Adultery and Circumstantial Evidence
Huffman v. Huffman, 2022 NCCOA 309 – NC: Court of Appeals 2022 In this day of dating apps, social media, and instant gratification, temptations for the unfaithful are everywhere. But so are ways to cover your tracks: it’s easier to get and delete a text message than intercept a letter,…
The Family Law Process, Part 1
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress.…
Disability Payments and Equitable Distribution
Wright v. Wright, 222 N.C. App. 309, 730 S.E.2d 218 (2012) Facts: Plaintiff and Defendant married in 2002 and subsequently separated in 2008. Defendant was a professional football player in the NFL. While playing football, Defendant suffered significant injuries, three of which were sustained while he was married to Plaintiff.…
Civil Procedure – Summary Judgment v. Rule 12 Motion
Blue v. Bhiro, 2022-NCSC-45 (2022) In North Carolina, our Rules of Civil Procedure govern many aspects of civil trials. This includes the vast majority of the actions you will see incident to divorce and separation, such as child custody, child support, alimony, and equitable distribution. Under these rules, there are…
Britney Spears Weds Sam Asghari
Oops, she did it again. It’s official: Sam Asghari and Britney Spears are husband and wife. The two began dating after meeting on the set of Britney’s “Slumber Party” video in 2016. On September 12, 2021, the couple revealed their engagement to the world. Just two months later, Britney was…
Equitable Distribution Judgments Are Not Modifiable
Dozier v. Dozier, 2022-NCCOA-307 (unpublished) (2022) In North Carolina, an Equitable Distribution (ED) judgment is a final court-ordered distribution of the marital assets. Unlike child support, alimony, or custody, these are not modifiable upon showing the court that there has been a substantial change in circumstances. A rule 60…
Who Pays for a Business Valuation?
Maiwald v. Maiwald, 2022-NCCOA-321 (unpublished) (2022) In North Carolina, Equitable Distribution (ED) cases will classify, value, and distribute marital assets in a fair way. One major component is classification, as separate property (typically property not acquired during the marriage) is not distributed. If a party owns a business, however,…
Joe Exotic: Divorce and Finding Love in Prison
Joseph Maldonado-Passage, aka Joe Exotic and the star of the Netflix hit Tiger King, is set to marry a former fellow inmate, John Graham, pending his divorce from current husband, Dillon Passage. Joe was convicted of a failed murder-for-hire plot that targeted his archenemy, Carole Baskin. Baskin was also featured…
Equitable Distribution Findings on Remand
Foxx v. Foxx, 2022-NCCOA-223 (5 April 2022) (unpublished). Some statutes and case laws in North Carolina have a time component. In modifications of child support and custody, the trial court is sometimes required to make comparisons between the old facts and circumstances with the current ones in order to find…