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Articles Posted in divorce

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Alimony and Imputation of Defendant’s Income

Davidson v. Davidson, 2022-NCCOA-267 (unpublished)   In North Carolina, alimony orders are modifiable upon showing the court that there has been a substantial change in circumstances for either party. In doing so, the trial court ought to revisit many of the factors that justified the original alimony order. The main…

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Who Pays for a Business Valuation?

Maiwald v. Maiwald, 2022-NCCOA-321 (unpublished) (2022)   In North Carolina, Equitable Distribution (ED) cases will classify, value, and distribute marital assets in a fair way. One major component is classification, as separate property (typically property not acquired during the marriage) is not distributed. If a party owns a business, however,…

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National Mental Health Awareness Month

Laurel Harmon, Legal Assistant May is National Mental Health Awareness Month. Mental health problems affect not just those with diagnosed mental illnesses. One in five adults will experience a mental health problem every year and one in twenty-five adults will experience a serious mental illness. When you are going through…

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Fair Market Value and Equitable Distribution

In the previous blog, we covered appraisal as a method of valuation of property in the context of Equitable Distribution in a separation. Equitable Distribution (ED) in North Carolina is a legal process by which the court divides the marital property between the parties. The three steps in an ED…

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Home Appraisals and Equitable Distribution

Equitable Distribution in North Carolina is a legal process by which the court divides the marital property between the parties. It involves three steps: 1) classifying the property as marital or separate (or some mix); 2) assigning value to the property; and 3) distributing the property in an equitable manner…

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Joe Exotic: Divorce and Finding Love in Prison

Joseph Maldonado-Passage, aka Joe Exotic and the star of the Netflix hit Tiger King, is set to marry a former fellow inmate, John Graham, pending his divorce from current husband, Dillon Passage.  Joe was convicted of a failed murder-for-hire plot that targeted his archenemy, Carole Baskin.  Baskin was also featured…

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Equitable Distribution Findings on Remand

Foxx v. Foxx, 2022-NCCOA-223 (5 April 2022) (unpublished). Some statutes and case laws in North Carolina have a time component. In modifications of child support and custody, the trial court is sometimes required to make comparisons between the old facts and circumstances with the current ones in order to find…

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Preparing for Divorce: Contracts about Frozen Embryos – Part 2

In Part 1, we talked about the best way to protect your choices about your frozen embryos before the in-vitro fertilization (IVF) process takes place, but what can you do if you’re already past that point? As IVF becomes a more common technology, more and more couples who froze embryos…

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Planning for the future: Contracts about Frozen Embryos, Part 1

Samantha S. Erks, JD Are you dreaming of a healthy, happy baby and planning to use in-vitro fertilization (IVF) to get there? You are far from alone. Over 80,000 babies are born from IVF every year in the United States. During the IVF process, embryos are created and implanted into…

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Divorce and Verifications

Before filing a complaint for absolute divorce, your attorney will request that you sign a Verification stating that all the claims and allegations contained in the complaint are accurate and true. This is not just to ensure that there is accuracy in the pleadings and that there are no mistakes.…

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