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North Carolina Divorce Lawyers Blog

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Hunger Action Month and PTI Run on the Runway

September is Hunger Action Month.  During September, members of the community can take a stand against hunger by sharing, volunteering, pledging, fundraising, or donating to help end hunger in America.  Although hunger is a nationwide problem, the Piedmont Triad struggles with food insecurity throughout the community.  In recent years, Greensboro-High…

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Don’t Wait to Obtain a QDRO

By: Carolyn J. Woodruff, JD, CPA, CVA

Patterson v. Chrysler Group Addendum Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the…

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Playing by the Rules for Dismissal

The Rules of Civil Procedure often have a few points where a case can end. They are there to make sure that all parties to the case are proceeding fairly, timely, and efficiently. Over time, these stopping points have begun to evolve as more and more litigants are utilizing them…

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Sports Betting and Reckless Spending

North Carolina will soon decide whether to make gambling on sports legal. There are two bills, one in the North Carolina House, the other in the Senate. House Bill 631 of the 2021 Session is a bill to authorize and regulate sports wagering. Senate Bill 688 looks to be a…

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Playing by the Rules – Service of Process

Stewart v. Shipley, 825 S.E.2d 684, 264 N.C.App. 241 (N.C. App. 2019) You might imagine your civil court case as a game. All games have rules, and the handbook that tells you how to play the game is the Rules of Civil Procedure. And you can’t break the rules without…

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Psychological Evaluations and the Coleman Murders

Matthew Taylor Coleman and his wife, Abby Coleman, were living a picturesque life in their Santa Barbara, California home with their two young children—Kaleo, a two-year-old boy, and Roxy, a ten-month-old girl— when events took a turn for the worse.  While the family was packing for a camping trip, Matthew…

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Consent Order Ambiguity

WALTER V. WALTER 2021-NCCOA-428 The language contained in a consent order should be unambiguous and clearly state what each party is required to do under the order. When the reading of the order leads to multiple reasonable interpretations, it may become impossible to enforce through contempt. Below is a custody…

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Cohabitation as an Alimony Defense

Orren v. Orren, 800 S.E.2d 472, 253 N.C.App. 480 (N.C. App. 2017) We have previously written about what cohabitation means in the alimony and postseparation support context. Essentially, according to North Carolina law, it is an appropriate termination point for alimony and postseparation support. But in some cases, a party…

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The Problem with Equitable Distribution Delays

Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000) There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from…

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