North Carolina Divorce Lawyers Blog

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Thanksgiving is always a time of year that I look forward to.  Every Thanksgiving my family reconvenes under the same roof to eat amazing food and swap stories.  It is a time when you are truly able to slow down and enjoy each other’s company as a prelude to the Christmas season. Continue reading →

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Congress recently repealed I.R.C. §§ 71 and 215, which eliminated federal tax deductions for alimony. They have additionally repealed I.R.C. § 61(a)(8), which designated that alimony was taxable income. However, divorce and separation agreements that were executed after December 31, 2018 are the only ones this new law applies to. Below we look at some recent cases involving alimony deductions. Continue reading →

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In a previous post, we discussed the basics and legal implications of smart contracts built upon blockchain technologies. These smart contracts are one of the highly touted tools that are set to streamline business. The recent law that formed regulatory sandboxes to promote innovative fintech (financial technology) products portends this State’s promotion of such tools as smart contracts. It is an interesting time to be in the fintech space. Continue reading →

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For those readers that are tech savvy and keep up to date with financial developments, the buzzwords cryptocurrency, bitcoin, and blockchain should immediately ring a bell. Another development called smart contracts should also be on your radar. Essentially built upon blockchain and distributed ledger technologies, these smart contracts are one of the highly touted tools that are set to streamline transactions in a pseudo-contractual space. Continue reading →

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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 is so important that, if a custody order leaves out the final determination that a certain custodial schedule would serve the best interests of the child, it is typically immediately reversable. All that said, should pets get the same treatment? Continue reading →

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JACOBS V. DUDLEY, 2021-NCCOA-571 (19 October 2021).

Child custody can be hotly contested. Often people will have third parties (i.e., not the parents or guardians of the child) involved in some custody disputes. These people include teachers, doctors, therapists, and extended family members. Such individuals are often asked to come to court to expound on the parenting abilities of the parties, the child’s performance in school, and perhaps even the psychological state of the child. Choosing a good witness to introduce facts to the case is important. Below, we see an instance where one bad witness backfired. Continue reading →

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The trial court awarded Plaintiff-Father Issac Munoz primary physical custody of the parties’ daughter.  Defendant-Mother Cassandra Munoz appealed.  The parties married in 2012 and the minor child was born in 2015.  Mother was, and still is, a member of the United States Army.  In 2016, the Mother was stationed at Fort Bragg near Fayetteville, North Carolina.  When the minor child was born, both Mother and Father worked, but they relied on extended family to care for the minor child as opposed to placing the minor child in daycare.  While living in Fayetteville in 2018, the parties separated.  At the time, Mother was anticipating deployment to Iraq. Continue reading →

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Alaska’s Supreme Court recently decided an issue revolving around custody of a minor child born through artificial insemination to a same-sex couple. As same-sex marriages and reproductive technologies continue to be more commonplace, we are seeing an increase in cases that involve such parties. The law, as always, lags behind the times a few years, but it is imperative that the courts begin setting a precedent to allow such parties to adequately address the family law issues that have been so familiar in opposite-sex couples. Continue reading →

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ZIMMERMAN V. ZIMMERMAN 2021-NCCOA-485

Previously, we have written about the use of stipulations in a case to maximize efficiency and what is required in an oral stipulation in the context of Equitable Distribution. (Our courts have held, for an oral stipulation on Equitable Distribution to be valid, that the parties must be read the terms of the stipulation and questioned as to whether they understand the legal effect of the agreement and then agree. McIntosh v. McIntosh, 328 S.E.2d 600, 74 N.C. App. 554 (N.C. App. 1985)). Continue reading →

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Blackwell v. Blackwell 2021-NCCOA-537

  1. Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in a memorandum of judgment. Before the formal written order was entered, Mother filed to modify custody because her job had moved to Pennsylvania. The formal order was entered in December of 2016. Mother then took the child to Pennsylvania with her in 2017. Father filed for ex parte emergency custody, modification of custody, and contempt. Mother requested that the trial court examine the mental health records. At trial, the judge did not admit those records as evidence, stating that he was not concerned with events prior to the entry of the custody order. Eventually, Father’s motions were granted, and he was awarded with permanent custody. Mother appealed.

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