Wayne Hopper, Legal Assistant STEWART v. STEWART, 141 NC App. 236 Dividing assets collected throughout a marriage is an unfortunate but necessary undertaking with divorce. This process can cause conflict, especially when the asset was brought into the marriage by one party. In North Carolina, a business stake or an…
Articles Posted in divorce lawyer
Child Custody Cannot Go to a Nonparty
Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished). Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their…
Alienation of Affection, an Expensive Proposition
Wayne Hopper, Legal Assistant King v. Huizar (In re Huizar), 609 BR 482 Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially…
No-Fault Divorce in the United Kingdom
Imagine separating from your husband but never filing for divorce. Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years. This is exactly what happened to a woman living in the United Kingdom. Rachpal and…
Understanding Alimony
Wayne Hopper, Legal Assistant Williams v. Williams, 261 S.E.2d 849 (1980) Alimony (also called spousal support in North Carolina) is a form of financial support awarded during a divorce proceeding and serves as a means to assist a dependent spouse post marriage. A “dependent spouse” is a person substantially reliant…
Separation Agreements as Contracts
Wooten v. Wooten, III, 2022-NCCOA-121, (unpublished). Here in North Carolina, separation agreements are treated the same as contracts. This means the parties can be more flexible with their terms and agreements, not necessarily confined to the stricter terms that a court order would typically proscribe. One such provision is the…
Child Custody and COVID-19 Vaccines
As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children. Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought…
Non-Fungible Tokens: Putting Theory to Practice and Selling Real Estate
It is finally happening. We’ve written previously on how smart contracts, blockchains, and NFTs may culminate into a new-age method of property ownership. It is now time to put the theory to the test. A virtual currency/smart contract/blockchain/NFT startup is planning on being the first to use these new virtual…
Willis v. Willis
Sam Willis and Sarah Willis were married in August 1981. Sam filed his Complaint on March 28, 1985, seeking a divorce from bed and board, alimony, and equitable distribution. Before the parties married, Sam sold Sarah a house and lot on Claremont Road. Throughout the marriage, the couple lived at…
Boy Returned to Italy After Cross-Border Custody Battle
On May 23, 2021, a cable car cabin crashed in Stresa, near Lake Maggiore, Italy. Eitan Biran, his parents, younger brother, and 11 other people were in the cabin when it plunged to the ground. Biran was the sole survivor. The child was born in Israel but moved to Italy…