Orren v. Orren, 800 S.E.2d 472, 253 N.C.App. 480 (N.C. App. 2017) We have previously written about what cohabitation means in the alimony and postseparation support context. Essentially, according to North Carolina law, it is an appropriate termination point for alimony and postseparation support. But in some cases, a party…
Articles Posted in divorce
The Problem with Equitable Distribution Delays
Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000) There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from…
Update on Kelly Clarkson’s Divorce
Divorces among the stars continue to spark gossip throughout Hollywood, but recent developments in Kelly Clarkson’s divorce from Brandon Blackstock are turning heads. The couple divorce papers were filed in June of 2020, after seven years of marriage. Blackstock served as Clarkson’s talent manager during the marriage. Recent reports note…
Child Support Income Guidelines
Madar v. Madar, No.COA20-28 (Dec. 2020). In North Carolina, court ordered child support can only be modified by further order of the court. Before modification is allowed, the court must find that there has been a substantial change in circumstances that warrant the modification. There is an automatic presumption built…
Millennials and Prenuptial Agreements
It is no secret that millennials often get a bad rap. As one of the largest generations in history, their influence in the world is far-reaching. Growing up in rapidly changing times has meant that millennials have redefined many aspects of life, with priorities and expectations drastically different from previous…
Texts and Emails as Exhibits
Texts and emails relevant to your case can and should be exhibits. Often times, they prove or disprove that certain conversations were had. In the family law context, they often show certain things like discussion of finances, custody, verbal abuse, or even the overall character of a spouse. But there…
Oral Stipulations in Equitable Distribution
In North Carolina, a stipulation, in the legal context, is an agreement between the parties in a lawsuit. It is most commonly used by parties to extend deadlines for responding to discovery or to agree on a factual finding that is uncontested. It can be done to minimize costs in…
Attorneys and Wire Scams
2020 Formal Ethics Opinion 5 In recent years, there has been a marked increase in the number of attempts to defraud attorneys of their clients’ funds in trust accounts. Now con artists are stealing from clients directly by using “inside information.” These scams are constantly evolving and are becoming much…
Disqualification in Jolie/Pitt Custody Battle
Angelina Jolie recently experienced a small victory in her contentious custody dispute with Brad Pitt. The California Court of Appeals has disqualified the private judge, John Ouderkirk, from further ruling on the matter. Jolie and Pitt selected Judge John Ouderkirk to handle the custody dispute in the hope that a…
Relocation in Child Custody
M.E.G. v. C.P., unpublished (2021). It is not unheard of for one parent to move out of state. If the parties have minor children together, then the question is which parent is primarily going to have custody of the children. Many factors may come into play when making the determination.…