Potential clients often seek an attorney’s help for what they call a “simple divorce.” The circumstances may seem simple because the only claim the potential client wishes to make is one for absolute divorce, thereby choosing to forgo claims for equitable distribution, post-separation support, and alimony. Sounds simple enough, right?…
Articles Posted in divorce
Court’s Costly Confusion Over Profits and Expenses
Devine v. Devine, (No. COA19-913) (unpublished) Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses…
COVID, Confinement, and Divorce
Attorneys in the Piedmont Triad are seeing an increase in calls about separation and divorce. This increase may be a result of families forced to spend more time together or of instability due to one spouse or the other losing their employment from the COVID lockdowns. Families are experiencing more…
The Most Important Asset in a Marriage
All too often in the divorce process, couples become so focused on dividing marital assets, locating funds, and getting back at the spouse that has wronged them that their focus on the most critical part of their marriage gets overlooked. Children, the one part of the couple’s marriage that should…
Returning to the Classroom During the Pandemic – Who Decides?
School starts soon, and parents in the Piedmont Triad area are understandably worried about their children’s exposure to COVID-19. Do I send my child back to the classroom, home school them, or opt for online classes? Fears over the lack of social distancing, schools enforcing mask policies of older students,…
Separation Agreements: The Fiduciary Relationship Between Spouses
Searcy v. Searcy, No. COA11-11 (N.C. Ct. App. 2011) In North Carolina, settlement and distribution of marital property can be addressed in a separation agreement. Such an agreement is essentially a contract between the parties. A unique term, “fiduciary,” is sometimes used to describe a relationship between spouses that can…
Reunification Therapy
The rules of Jenga are simple. First, you stack the 54 wooden blocks to create a tower; then, you slowly begin removing blocks from the tower and move them to the top of the tower. The player who removes a block from the tower, causing it to topple over, loses…
Separation Agreements and Duress
Mejia v. Mejia, No.COA19-438 (May 2020). In North Carolina, we typically see two types of agreements in the realm of marriage and divorce. First is the Prenuptial Agreement; the second is the Separation Agreement. Separation agreements often contain provisions that resolve issues of child support, alimony, child custody, and distribution…
Child Custody and Mediation and What You Should Know
If you plan to file a child custody action in North Carolina, you will be required to participate in a Custody Mediation Program. Each district in North Carolina has specific operational procedures laid out in their local rules, and the rules for each county can be viewed online at www.NCcourts.gov.…
What is a Legal Separation During the COVID Pandemic?
With many North Carolina families forced to spend more time together as a result of lockdowns or unemployment from COVID-19, some couples are finding they no longer want to be married. Spouses are experiencing fear of being exposed to COVID, fighting over finances, and many other minor issues. If you…