A question that sometimes arises in family law is whether a marriage in North Carolina was valid. Here, we discuss one of the prerequisites of marriage: solemnization before a proper officiant. The statute can be found below: 51-1. Requisites of marriage; solemnization. A valid and sufficient marriage is created by…
IN RE: A.W., 2023-NCCOA-________ (2023). Facts: Orange County DSS received a report for domestic violence that occurred in September 2018, where Father dragged Mother into another room by her hair, struck her in the back of the head, threw her against a wall, and essentially choked Mother until she lost…
Dolan v. Dolan, 148 N.C. App. 256 (2002). Facts: Plaintiff and Defendant married in 1971. Plaintiff went to optometry school and eventually he started his own practice and also bought rental properties to supplement the family income. The parties separated in 1994. A claim for Equitable Distribution (ED) was brought…
DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished). Facts: Husband and Wife separated and a claim for equitable distribution was filed by Husband, who claimed that he ought to receive more than fifty percent of all marital and divisible property. Husband contended that he sold his separate residence, a house owned before…
SCOTT V. VURAL, 2023-NCCOA-________ (2023) (unpublished). Facts: This is a personal injury case. However, the rules for service apply to almost all civil cases. There was an automobile accident in February of 2018. In February of 2021, Plaintiffs filed a lawsuit and attempted to serve defendant by certified mail pursuant…
Ivana Moral and her ex-husband were married for 25 years. Recently, a Spanish judge ordered Moral’s ex-husband to pay her $215,000.00 as compensation for 25 years of housework handled by Moral throughout the couple’s marriage. Moral won the judgment after arguing before the Spanish judge that she had been…
AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant.…
AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It…
LIMERICK V. ROJO-LIMERICK, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant are parents of a minor child. In August of 2020, Plaintiff filed for divorce from bed and board, child custody and child support, and attorney fees. Defendant counterclaimed for custody, child support, equitable distribution, alimony, and attorney fees. Defendant then voluntarily…
In re J.J.H., Supreme Court of North Carolina, No. 430A19, December 18, 2020 This is Respondent Mother’s Appeal to the termination of her parental rights. Facts: Guilford County Department of Health and Human Services (DHHS) filed petitions alleging that three of the five minor children involved were neglected and dependent…