On Friday, December 11, 2020, Chief Justice Cheri Beasley announced that in North Carolina non-essential, in-person court proceedings would be postponed for 30 days, beginning Monday, December 14, 2020. Unfortunately, this has become the norm as the state continues to battle the widespread effects of the coronavirus pandemic. With in-person…
Articles Posted in family law specialist
Telephone Records in Your Divorce Case
Think of all the personal data that is collected by your smartphone. Voicemails, text messages, messaging apps, Facebook, Twitter, Instagram, and dating apps. These can all contain, if not confidential, highly personal and private information you may not want your spouse to have if you are going through a divorce.…
Military Disability Benefits and Distributive Awards
Generally, military disability benefits are exempt from distribution in equitable distribution actions. Here we see whether the court can consider these benefits as income to satisfy a distributive award pursuant to an equitable distribution order. (In this case, Plaintiff improperly filed a Rule 60 motion to set aside the judgment,…
Affairs and Cheaters: Court of Appeals Allows Alienation Case to Proceed
Estes v. Battiston, ___ N.C. App. ___ (2020). In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have…
Holidays and Child Custody in the Time of COVID-19
In 2020, the holiday season will be one of the most tumultuous in recent years now that Covid-19 rates are beginning to rise again. For parents with ongoing custody cases or custody orders already in place, it presents an especially trying time. Travel is a large component of every holiday…
Registration of Foreign Orders: Mandatory or Optional?
So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida. Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of…
Stock Options and Divorce
Stock options can be offered to employees as an incentive or reward for a job well done. They are typically offered up front as a future benefit after working at a company for a set amount of time and can be purchased at an option price that was previously set.…
Celebrities and Divorce (Part 2)
Once again, Hollywood has been hit with another devastating breakup rumor. Although not yet confirmed, many sources report that George Clooney and Amal Alamuddin are in the process of calling it quits. Many sources say that Clooney is upset because he may have to pay around $500 million to Alamuddin…
Divorce During a Pandemic
To say the coronavirus has thrown a wrench in many couples’ divorce plans would be an understatement. With courthouses in and around Guilford County having to shut down repeatedly due to reported positive cases within the courthouse, obstacles abound when it comes to the dissolution of marriage nowadays. It is…
Separation, COVID-19, and Withdrawing Money from Your Retirement Plan
People all over the United States are suffering from the long-term effects of the COVID-19 pandemic – emotionally, physically, and especially financially. The CARES Act § 2202 has authorized special distribution options for retirement plans and has expanded loans from certain retirement plans. Under the CARES Act, the IRS will…