In the previous blog, we covered appraisal as a method of valuation of property in the context of Equitable Distribution in a separation. Equitable Distribution (ED) in North Carolina is a legal process by which the court divides the marital property between the parties. The three steps in an ED…
https://www.nysenate.gov/legislation/bills/2021/s4248 Child Custody in North Carolina is based on which parent can best provide for the interests of the child. It is an oft repeated principle that ultimately decides the issue. Children are important and the court is required to scrutinize the parents in order to make this determination. It…
Patterson v. Chrysler Group Addendum Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the…
Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000) There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from…
In North Carolina, a stipulation, in the legal context, is an agreement between the parties in a lawsuit. It is most commonly used by parties to extend deadlines for responding to discovery or to agree on a factual finding that is uncontested. It can be done to minimize costs in…
Desai v. Desai, No.COA20-435 (July 2021) (unpublished) An interim distribution is an order of the court that can be entered anytime after the filing of the equitable distribution (ED) claim and before the final judgment on equitable distribution. In these interim orders, the court can classify, value, and distribute certain…
Desai v. Desai, No.COA20-435 (July 2021) (unpublished) Often in matrimonial cases, one party might question whether jewelry gifted to a spouse can be taken back in the property division phase of a separation and divorce. Jewelry and other assorted gifts often represent everlasting love and affection between spouses, so it…
Ostanek v. Ostanek, Slip Opinion No. 2021-Ohio-2319 Issues with division of retirement accounts are seemingly springing up all over the place. At heart in most of these cases is a domestic relations order. Those are the orders of court that instruct an entity to, in short, divide the retirement funds.…
Unpublished Opinion – No. COA19-566 Carmen Cousin and Terry Cousin were married for seventeen years. They separated in May 2016. Upon separating, Carmen filed a complaint, which included a claim for equitable distribution. Terry then filed an answer, which included a counterclaim for equitable distribution. In the final equitable…
Dechkovskaia v. Dechkovskaia, 232 N.C. App. 350 (2014) Equitable Distribution is a mechanism by which former spouses separate their personal and real property. Sometimes the spouses may have some marital (or divisible) interest in a third party’s property. One example is when a couple resides at one spouse’s parent’s residence,…