Dear Carolyn, My husband is having an affair with his secretary and I want to get that woman. I kicked him out of our home on New Year’s Day when he made an excuse that he had to go by the office for something (something? Right?), and my detective caught…
North Carolina Divorce Lawyers Blog
Cash Isn’t Always King
Walsh v. Dively, 551 B.R. 570 (W.D. Pa. 2016) Facts: When husband and wife were divorced in Pennsylvania, they agreed that the wife would receive 50% of the husband’s retirement. The agreement was incorporated into the divorce decree, but no DRO was entered. The wife then filed for Chapter 7…
Permanent vs. Temporary Custody Orders on Appellate Review (King v. Giannini-King)
King v. Giannini-King, 784 S.E.2d 237 (N.C. Ct. App. 2016). Facts: In October 2001, Plaintiff (father) and Defendant (mother) were married and then separated, about seven years later, in early June 2008. Two minor children were born to the parties’ marriage. After the separation, Defendant relocated with the minor children.…
No Second Guessing the Evidentiary Supported Value of Marital Property (Chafin v. Chafin)
Sade Knox, InternChafin v. Chafin, 791 S.E.2d 693 (N.C. Ct. App. 2016) Facts: In late 1988, Plaintiff and Defendant entered into a marriage that lasted about twenty years before the parties separated in June of 2008. During the years of the marriage, Defendant was an owner of a close to non-profiting auto-sales…
Separations and Void Modifications (Kelley v. Kelley)
Sade Knox, InternKelley v. Kelley, T.C. Memo. 2017-798, 2017 WL 1251018 Facts: Husband and wife were married in 1982. They later entered into a Separation and Property Settlement Agreement upon their separation in 1994 (the “1994 agreement”). The two later divorced in 1999. The 1994 agreement resolved several issues between the two…
He Said, She Said……but she lied!
Dear Carolyn, My soon to be ex-wife lied under oath in Guilford County Court for personal gain (money). She over-stated expenses and I am paying P.S.S. Can I charge her with perjury and sue her? Thanks! ~ P.J. Dear P.J., Unfortunately, this is a frequently asked question in family…
Best interest of the Children?
Dear Carolyn, Triad parent here, contemplating divorce, but I feel compelled to stay together for the children. The children are ages ten and twelve. However, the marriage is quite bad; we argue all the time. We never do anything together, and sex—forget that. I work, and my wife does not work. Can…
Cohabitation and Alimony: How do I prove Cohabitation? (Part 2 of 2)
In Part 1, we discussed that proving cohabitation in North Carolina is not an easy task. There have been multiple North Carolina Court of Appeals cases where the dependent spouse and new flame had been dating for years, were blending finances, were vacationing together, and living together as much as…
World Show of Superstars of Dance Legends “Stellar Duo”
On June 8, Dance Legends from Russia, USA, Italy, South Africa, Denmark, and Azerbaijan will perform at the State Kremlin Palace, Moscow, Russia in “Stellar Duo.” Carolyn Woodruff, known as the Dancing Divorce Attorney, will represent the USA for the second year in Moscow, Russia in the “Stellar Duo” with…
The IRS and Custody Exemptions (Stapleton v. Comm’r)
Stapleton v. Comm’r, T.C. Memo. 2015-171, 2015 WL 5049758 Facts: A father and mother had two children. The parents were never married. No court was ever asked to decide custody, but the parents agreed that the father would have the children every Monday and Wednesday night and every other weekend. In…