Hicks v. Hicks, 2022-NCCOA-139. Facts: Plaintiff and Defendant attended a mediation to attempt to settle the Equitable Distribution and alimony parts of their case. In mediation, they reached a settlement and memorialized their terms in a consent order, entered in September of 2018. Among those terms, Defendant received a parcel…
Custody and Deployment Being deployed or stationed somewhere that your child cannot follow is a major stressor for parents in the military. How will your child do without you? What will your life be like without them around? If you are not with your child’s other parent, you also have…
Preston v. Preston, 2022-NCCOA-207. Facts: Plaintiff and Defendant married in 1988, and began divorce proceedings in 2018. Plaintiff filed his claim for divorce in October of 2018. In July 2019, Defendant filed her answer with motions to dismiss for lack of subject matter jurisdiction, improper venue, insufficiency of process, failure…
Parents Stationed in the US If you are a parent and a member of the US Military, we at Woodruff Family Law Group thank you for your service! If you are not with your child’s other parent, you are probably concerned about what your military service will mean for your…
Shropshire v. Shropshire, 2022-NCCOA-441. Facts: Plaintiff and Defendant separated and initiated a case for Equitable distribution (ED). Pursuant to a pretrial Order, the parties filed affidavits for the ED trial. Both parties listed retirement plans under the “marital property” section of the affidavit. This included the Plaintiff’s 401(k) plan. Furthermore,…
Wooten v. Wooten, 867 S.E.2d 767 (N.C. Ct. App. 2022) Wooten v. Wooten came before the North Carolina Court of Appeals on Defendant Husband’s appeal of the trial court’s Summary Judgment ordering specific performance by both parties. FACTS: The parties married in 1997 and divorced in 2016. When they divorced,…
Wake Co. obo Williams v. Wiley, 2022-NCCOA-402. Facts: Defendant was ordered to pay child support to Plaintiff in an order from Maryland entered in 2007. For enforcement, the order was to be filed in Wake County. At that time, Defendant was over $42,000 in arrears. Plaintiff filed their notice for…
A person who is or plans to be a parent and has been or is considering engaging in sex work, either legal or illegal, needs to consider how that work will impact any future custody cases. Despite recent movement toward decriminalization of prostitution and increasing acceptance of internet-based sex work,…
Drum v. Drum, 2022-NCCOA-448. Facts: Plaintiff is the maternal grandmother of a minor child. Defendants are the biological mother and father of the minor child. Notably, Defendant Mother was not a party to the appeal; only Defendant Father appealed. The minor child at issue in this custody case had been…
Brady v. Brady, 2022 NCCOA 200 (N.C. Ct. App. 2022) Brady v. Brady came before the NC Court of Appeals on Defendant Husband’s appeal. ISSUE: What findings of facts are required to support awards of alimony, a distributive award, and the unequal distribution of assets. FACTS: Mr. and Ms. Brady…