Webb v. Jarvis, 2022-NCCOA-499 (unpublished). Facts: This is a case for non-parent custody. Defendant Jarvis and Sarah Webb had a child together. They were not married. The parents shared custody of the minor child pursuant to a parenting agreement. In 2015, Sarah Webb unfortunately passed from cervical cancer. At the…
Articles Posted in family law specialist
Alimony Amount and Duration
Plaintiff Jolin Brady (“Mother”) and Defendant Erron Brady (“Father”) were married on April 26, 1997. Father and Mother had four children. Father was in undergraduate school at Brigham Young University when the parties married. While Father was in dental school, Mother worked as a paralegal and then stopped working when…
Custody Modification Without a Pending Motion
Turner v. Oakley, 2022-NCCOA-266. Facts: The parties to the case had one child together and never married. In 2013, Plaintiff filed a complaint for custody of the child. He was granted secondary custody, with Defendant having primary custody. In 2018, Plaintiff filed an emergency custody ex parte motion, and alleged…
Know the Officiant at Your Wedding
Hill v. Durrett, 2022-NCCOA-460. Facts: Plaintiff and Defendant were married in a friend’s backyard in 2015, and just 14 months later the couple separated. The backyard ceremony was officiated by a Ms. Plante, who was a Reiki master known as Azera Moonhawk. Ms. Plante was Defendant’s friend and was a…
Custody for Military Parents: Part 3 of 3
Military Parents and Relocation Part of being in the military is having very limited input as to where you are stationed. If you are a military parent who is not with your child’s other parent, this can mean moving far away from them. A move like that can have a…
Rule 60 – Reasonable Time to Amend a Judgment
Hicks v. Hicks, 2022-NCCOA-139. Facts: Plaintiff and Defendant attended a mediation to attempt to settle the Equitable Distribution and alimony parts of their case. In mediation, they reached a settlement and memorialized their terms in a consent order, entered in September of 2018. Among those terms, Defendant received a parcel…
Custody for Military Parents: Part 2 of 3
Custody and Deployment Being deployed or stationed somewhere that your child cannot follow is a major stressor for parents in the military. How will your child do without you? What will your life be like without them around? If you are not with your child’s other parent, you also have…
Rule 11 Sanctions and Award of Fees
Preston v. Preston, 2022-NCCOA-207. Facts: Plaintiff and Defendant married in 1988, and began divorce proceedings in 2018. Plaintiff filed his claim for divorce in October of 2018. In July 2019, Defendant filed her answer with motions to dismiss for lack of subject matter jurisdiction, improper venue, insufficiency of process, failure…
Custody for Military Parents: Part 1 of 3
Parents Stationed in the US If you are a parent and a member of the US Military, we at Woodruff Family Law Group thank you for your service! If you are not with your child’s other parent, you are probably concerned about what your military service will mean for your…
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,…