FOSTER V. FOSTER, 2023-NCCOA-______ (2023) Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a…
Articles Posted in family law
Division of Marital Property
When it comes to the division of marital property, one question we are commonly asked is what happens if the value of an asset, such as a home, increases during the pendency of the case? In North Carolina, there is a specific provision of the law addressing this exact scenario:…
Custody Case in Forsyth County Highlights Parental Rights
Custody and parental rights are understandably sensitive topics, which is why having an experienced North Carolina custody lawyer on your side can make a difference. Determining custody of a child is a challenging process. There are numerous laws and considerations that are factored into a custody decision, and one recent…
Annulments and the 90 Day Fiancé
TLC’s 90 Day Fiancé television show has been an unexpected reality TV hit – so much so that there are now countless spin-offs involving the hijinks of favorite cast members. The culture shock is very engaging, and reality TV is all about entertainment, but there is a kernel of legal…
Custody Mediation and Visitation Program in NC
When you file a claim for child custody in North Carolina, both parties must attend the Custody Mediation and Visitation Program pursuant to N.C. Gen. Stat. § 50-13.1. Upon completion of this program, the matter may then be set for hearing if the parties are unable to come to an…
An Odd Development in Divorce
Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup.…
Visitation at the Discretion of One Parent
Selph v. Selph, 2023-NCCOA-______ (2023) (unpublished). Facts: Plaintiff and Defendant married in December of 2017 and separated on July 20, 2021. They had one child together, which was the subject of a custody action. Plaintiff retained counsel to handle custody, whereas Defendant proceeded on his own. The two ended up…
Summary Judgment and Alimony Claims
WATSON V. WATSON, 2023-NCCOA-______ (2023) Facts: Husband and Wife married in 2004. They separated, and in 2020 Wife filed a complaint for alimony and other relief. In 2021, the trial court granted a summary judgment, denying alimony. Husband argued that Wife’s illicit sexual behavior barred her claim to alimony. At…
Alcohol and Substance Abuse and Child Custody
When it comes to child custody, the court has the authority and discretion to consider a wide array of factors to further the best interest of the child standard. One such factor is the physical and mental health of the parent. Impairment of one parent in a child custody dispute…
Witherspoon/Toth Divorce Announced
Reese Witherspoon and Jim Toth announced the end of their marriage on Friday, March 24, 2023. According to sources, Witherspoon filed the paperwork in the Circuit Court of Davidson County near their home in Nashville. The Oscar winner and super-agent have one son together, Tennessee James, age 10. Additionally, according…