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Articles Posted in family law specialist

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Homemaker Contributions and Their Alimony Value

In North Carolina, we see cases where one spouse is primarily a breadwinner for the family, often bringing in most if not all of the income. In those case, the other spouse is the homemaker, the one that cares for the children and/or pets and maintains the home. And when…

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Sandra Day O’Connor – Practicality First

As part of Women’s History Month, I would like to revisit the Supreme Court’s first woman Justice: Sandra Day O’Connor. She is so much more than the historical trivia note to which she is often reduced. Educated at Stanford and appointed to the Court by then President Reagan, she served…

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Parental Kidnapping

North Carolina General Statute § 14-39 defines kidnapping as the unlawful confining, restraining, or removing from one place to another, anyone 16 years of age or older without their consent and holding them for ransom, in furtherance of or fleeing a felony, causing serious bodily harm or terrorizing or holding…

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Women’s History Month

Susie Marshall Sharp was born in 1907 in Rocky Mount. Her family relocated to Reidsville, where her father became a lawyer. She attended Reidsville High School, followed by the North Carolina College for Women, now known as UNC-Greensboro, and ultimately entered law school in 1926 at the University of North…

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Alimony – Who Is Dependent, Who Is Supporting?

Madar v. Madar, No.COA20-28 (Dec. 2020). In North Carolina, alimony is a type of spousal support that provides for the maintenance of a dependent spouse, by the supporting spouse. Dependent and supporting are legal terms, with incredible significance. In order to receive alimony, one must be a dependent spouse, the…

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Caitlyn’s Courage – Electronic Monitoring of Domestic Violence Abusers

Who was Caitlyn Whitehurst? Caitlyn Whitehurst was a resident of Pitt County, North Carolina. In May of 2019, Caitlyn’s ex-boyfriend Christopher Garris laid in wait outside Caitlyn’s family property, where he shot and killed her. After killing Caitlyn, Garris turned the gun on himself in a murder-suicide. What is Caitlyn’s…

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Relocation and Child Custody Modification

Bradley v. Bradley, No. COA20-48 (unpublished)   Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015.  The parties had one daughter born March 7, 2011.  The parties’ daughter was three years old when the original custody order was entered.  Defendant filed a motion to modify…

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Arbitration and Vacating Awards

Gribble v. Medcat Enters., (No. COA19-1092) (unpublished) In North Carolina, some issues can be settled with a pre- or post-marital agreement. This is a contract. In such contracts, spouses can agree to certain terms and conditions, as well as insert an Arbitration Clause. There are certain advantages to arbitration, such…

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Delay of Entry of Order is Error

Wall v. Wall, 140 N.C. App. 303 (2000). Former spouses in North Carolina can split their property in an action for Equitable Distribution (ED). In order for the Court to make a decision on distributing property, it needs an inventory affidavit of all property owned as a product of the…

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Divorce and the Family Pet

Dogs are a large part of many families. But what happens with the family pet when you are separating or seeking a divorce? Although many consider pets family, North Carolina considers pets as property. Like all other property, they could be subject to equitable distribution. North Carolina is an equitable…

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