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Articles Posted in divorce

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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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The Family Law Process, Part 5

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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The Family Law Process, Part 4

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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Spousal Support in a Bigamous Marriage

Aviles v. Vulovic, E076743 (filed June 9, 2022). Facts: Plaintiff Husband married Defendant Wife in 2011. However, Wife’s previous divorce had not yet finalized. Wife’s first marriage ended in a separation, and in 2006 Wife filed a petition for divorce. Wife believed that a divorce would just materialize automatically six…

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The Family Law Process, Part 3

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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The Family Law Process, Part 2

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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