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Sherri Papini: Kidnapping Hoax and the Aftermath

Sherri Papini was originally reported missing by her husband in November 2016 after she left their home in Shasta County, California to go for a jog and never returned. Three weeks later on Thanksgiving Day, authorities found Papini on an interstate highway approximately 140 miles from home.  Papini told police…

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Alimony Amount and Duration

Plaintiff Jolin Brady (“Mother”) and Defendant Erron Brady (“Father”) were married on April 26, 1997. Father and Mother had four children. Father was in undergraduate school at Brigham Young University when the parties married. While Father was in dental school, Mother worked as a paralegal and then stopped working when…

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Know the Officiant at Your Wedding

Hill v. Durrett, 2022-NCCOA-460. Facts: Plaintiff and Defendant were married in a friend’s backyard in 2015, and just 14 months later the couple separated. The backyard ceremony was officiated by a Ms. Plante, who was a Reiki master known as Azera Moonhawk. Ms. Plante was Defendant’s friend and was a…

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Rule 60 – Reasonable Time to Amend a Judgment

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…

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Rule 11 Sanctions and Award of Fees

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…

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Reopening Evidence for Equitable Distribution

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,…

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The Timely Challenge of Fraud

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,…

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When the Court Grants Alimony and Unequal Distribution

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…

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Can Trials Be Streamed in North Carolina?

Recent high-profile trials have been live-streamed with great success. The Depp-Heard defamation trial and Rittenhouse prosecution were widely watched by many across the entire world through new media channels such as YouTube, as well as traditional television broadcasting. Recently, someone asked me if North Carolina would allow cameras into our…

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Family Law Process, Part 6

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.…

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