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Articles Posted in divorce attorney

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How Court Treats Post Separation Payments, Part 1

Let’s suppose that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow and it can take some time for the court to reach your case. When it…

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Checking the Boxes on a DVPO

Plaintiff filed a complaint and motion for domestic violence protective order (DVPO) on March 12, 2021.  When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened to use or actually used a firearm in the context of domestic violence.  However, Plaintiff did describe instances of harassment.   Additionally, when…

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Marital v Separate Property in Equitable Distribution

It is not rare in this day and age that a spouse “brings” a home into a marriage. This means that one spouse was the owner of a home before they got married. It also likely means that the spouse bringing the home into the marriage was paying the mortgage.…

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Halloween Brings Religion into Custody

As many families gear up for Halloween with their children, religious concerns about the holiday have led to an increase in “Fall Festivals” or “Trunk or Treats” to provide more religious families with an alternative to a traditional celebration full of ghosts and ghouls. During this time of year, religious…

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Jolie-Pitt Divorce Ongoing

  The divorce struggle between Angelina Jolie and Brad Pitt continues, despite Angelina filing for divorce approximately six years ago.  It has currently come to light that major disputes abound that  surround Chateau Miraval.  Pitt and Jolie officially bought Chateau Miraval in France in 2012.  The couple had been leasing…

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Man’s Plan to Win Back His Ex-Wife Goes Awry

Lawrence and Schanda Handley married in 2006.  At the time, Lawrence was a self-made millionaire living in Louisiana.  He made his millions through his endeavors in the technology industry and by launching several supplement companies.  Despite his monumental success – or perhaps in conjunction with it – Lawrence used and…

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Unidentified Paramour in Alienation of Affection

Beavers v. McMican, 2022-NCCOA-547. Facts: Plaintiff David Beavers was married to Wife Alison Beavers in 2004. Plaintiff discovered that Wife had an affair when he found texts and photos on Wife’s phone, sent to a contact labeled “Bestie.” Wife eventually admitted that she had engaged in sexual acts with the…

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Divorce and the Cost-of-Living Crisis

Between the war in Ukraine and the droughts happening world-wide, fuel and food prices have skyrocketed in recent months. The cost of living has seen a significant increase, even here in the United States, and a set amount of money buys less than it used to. Divorce is almost always…

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Three or More Parents, Part 2: Legal Parenthood

Almost all societies have traditionally recognized only two legal parents per child, the biological mother and father. Even in cases of adoption, adoptive parents could only step into the place of a missing biological parent. Despite this long history, this has never really reflected the reality of children’s lives. Many…

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Laches and Separation Agreements

Suozzo v. Suozzo, 2022-NCCOA-620. Facts: Plaintiff wife and Defendant husband entered into a separation agreement wherein Defendant was to pay Plaintiff $200,000 in monthly installments over 240 months. This arrangement began in March 2006 and would terminate in March of 2026. For the first 18-36 months, Defendant made the monthly…

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