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Alcohol and Substance Abuse and Child Custody

When it comes to child custody, the court has the authority and discretion to consider a wide array of factors to further the best interest of the child standard. One such factor is the physical and mental health of the parent. Impairment of one parent in a child custody dispute…

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Witherspoon/Toth Divorce Announced

Reese Witherspoon and Jim Toth announced the end of their marriage on Friday, March 24, 2023.  According to sources, Witherspoon filed the paperwork in the Circuit Court of Davidson County near their home in Nashville.  The Oscar winner and super-agent have one son together, Tennessee James, age 10.  Additionally, according…

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Voluntary Dismissal and Post Separation Support

BROSNAN V. CRAMER, 2023-NCCOA-______ (2023).  Facts: The facts here are simple. Plaintiff and Defendant married in 2008. After years of marriage, Plaintiff filed claims for alimony, child custody, child support, equitable distribution, post separation support (PSS), and attorney fees on October 15, 2020. Defendant filed his response on January 20,…

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Termination of Parental Rights – Facts Matter

IN RE: A.W., 2023-NCCOA-________ (2023).  Facts: Orange County DSS received a report for domestic violence that occurred in September 2018, where Father dragged Mother into another room by her hair, struck her in the back of the head, threw her against a wall, and essentially choked Mother until she lost…

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Speculative Taxes and Equitable Distribution

Dolan v. Dolan, 148 N.C. App. 256 (2002).  Facts: Plaintiff and Defendant married in 1971. Plaintiff went to optometry school and eventually he started his own practice and also bought rental properties to supplement the family income. The parties separated in 1994. A claim for Equitable Distribution (ED) was brought…

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Equitable Distribution and Separate Property

DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished).  Facts: Husband and Wife separated and a claim for equitable distribution was filed by Husband, who claimed that he ought to receive more than fifty percent of all marital and divisible property. Husband contended that he sold his separate residence, a house owned before…

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Rule 4 Service of Summons and Complaint

SCOTT V. VURAL, 2023-NCCOA-________ (2023) (unpublished).  Facts: This is a personal injury case. However, the rules for service apply to almost all civil cases. There was an automobile accident in February of 2018. In February of 2021, Plaintiffs filed a lawsuit and attempted to serve defendant by certified mail pursuant…

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Alimony as Done in Spain

Ivana Moral and her ex-husband were married for 25 years.  Recently, a Spanish judge ordered Moral’s ex-husband to pay her $215,000.00 as compensation for 25 years of housework handled by Moral throughout the couple’s marriage.      Moral won the judgment after arguing before the Spanish judge that she had been…

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Expert Witnesses and Child Custody

AMAN V. NICHOLSON, 2023-NCCOA-________ (2023).  Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant.…

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Appellate Practice Clarification

AMAN V. NICHOLSON, 2023-NCCOA-________ (2023).  Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It…

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