Colleen Hoover is unstoppable. To say she is a best-selling novelist is an understatement. In 2022, Hoover held six of the top ten spots on The New York Times’ paperback fiction best-seller list. She has sold more than 20 million books. Her social media presence reaches far and wide. She…
Articles Posted in divorce lawyer
Inheritance and Equitable Distribution
Suppose you inherit money from a family member during your marriage. Is your inheritance subject to being divided under North Carolina’s equitable distribution statute? The brief answer: it depends. North Carolina General Statute § 50-20 defines marital property as all real and personal property obtained and currently owned by either…
Alcohol Abuse and Alimony
Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. What Does the Law Say? North Carolina General Statute § 50-16.3A states that, upon the court determining that one party is the…
Secretly Recording Your Spouse
As family law attorneys, we are regularly asked by clients if they can record their spouse. In fact, in some cases, they are asking if we want a copy of the recording that they have already made. Yes, these recordings can possibly prove something was said or not said; there…
Child Support – Show the Work
Price v. Price, 2022-NCCOA-928 (unpublished). Facts: In April of 2020, Mother filed a motion to modify child support. A hearing on that motion was eventually calendared for November of 2020. In the meantime, Father had fired his attorney. Father did not show up for the modification hearing, and the trial…
Contempt – does it require noncompliance at the time of hearing?
BOYLES V. ORRELL, 2022-NCCOA-916 (unpublished). Facts: Mother and Father married in 2014 and separated about four months later. The couple had a daughter together, who is eight years old. The parties entered into a consent custody order and the mother had primary physical custody. In March of 2020, the trial…
Annulment Versus Divorce
Three days after your wedding, it happens: You realize you’ve made a HUGE mistake. No worries, though, you can just get an annulment, right? In North Carolina, maybe not! Unless you fall into a few very specific categories, you are going to have to get a divorce instead. What is…
How Court Treats Post Separation Payments, Part 2
Say 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. It can take some time for your case to be reached. When it is, how should…
Attempting to Avoid Child Support Obligations
Cash v. Cash, 2022-NCCOA-706. Facts: Mother and father were set for a trial on modification of child support. Five days before the trial date, father filed and served an amended financial standing affidavit that reported that his current income was $0 because he was laid off from his employment as…
Closing Loopholes in the DVPO Statute
Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022) In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times…