North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

Published on:

By

Wooten v. Wooten, III, 2022-NCCOA-121, (unpublished).

Here in North Carolina, separation agreements are treated the same as contracts. This means the parties can be more flexible with their terms and agreements, not necessarily confined to the stricter terms that a court order would typically proscribe. One such provision is the support of children in their higher education endeavors. Continue reading →

Published on:

By

Sam Willis and Sarah Willis were married in August 1981.  Sam filed his Complaint on March 28, 1985, seeking a divorce from bed and board, alimony, and equitable distribution.  Before the parties married, Sam sold Sarah a house and lot on Claremont Road.  Throughout the marriage, the couple lived at the Claremont Road property.  Sam made all of the mortgage payments during the marriage.  These payments amounted to $9,900.  Sarah appeals from the equitable distribution judgment entered pursuant to N.C. Gen. Stat. § 50-20. Continue reading →

Published on:

By

A United Kingdom court recently ordered Dubai ruler and UAE Prime Minister, Sheikh Mohammed Bin Rashid Al Maktoum, to pay his ex-wife, Haya bint al-Hussein, a jaw-dropping $734 million in a divorce settlement.  Haya bint al-Hussein in the Princess of Jordan and the couple have two children together.  This settlement in a divorce is one of the largest ever awarded by a court in the United Kingdom. Continue reading →

Published on:

By

Mediation is a fantastic alternative method of settling your case and often more satisfying than going to court.  It is likely that a few issues stand between settlement and more prolonged litigation. This is where mediation can really shine—it lets you laser focus on the few things you really care about. A mediator must be a neutral third party that also happens to be an expert in family law, or a former judge that has decided many family law cases. In all court-ordered mediations, there are rules. In North Carolina, some new rules have been passed and can be found in NCGS § 7A-38.4A. This is a quick reference for how some of those rules will apply to your mediation.

Who can be a mediator for Family Financial Mediation?

The mediator must be certified. A list of certified mediators is published and updated at the NC Courts website. To be certified, the mediator must have an understanding of family law in North Carolina. There is also a laundry list of qualifications, classes, and educational requirements. These requirements can be found in Rule 8 of the Rules for Settlement Procedures in District Court Family Financial Cases. To be blunt, your mediator is highly qualified in the area of family law. Continue reading →

Published on:

By

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021)

  • Facts: The Clarks were a married couple in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. Husband finally left the marital home after Wife threatened to call Barrett and ask about the affair. Husband’s intimate relationship with Barrett went as far as conceiving a child with Barrett via in vitro fertilization. Things became contentious. In March of 2018, Wife began to interact with Husband on a social network named Kik, wherein Husband was using an alias. Husband, using the alias, sent a message to Wife containing a topless photo of Wife, and saying that this photo was being circulated in internet chat rooms. In May, Wife discovered the same photo on a Facebook “weight loss” advertisement, but with the nipples censored. Wife sued Husband for violating the revenge porn statute, NCGS 14-190.5A. Husband was found to have violated the statute. He appealed.

Continue reading →

Published on:

By

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021)

  • Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately had to be hospitalized due to the stress. More texts and explicit photographs were discovered on Husband’s phone a few months later. The photos were clearly taken in the Clark home. In September 2016, Husband finally left the marital home after Wife threatened to call Barrett and ask about the affair. In January 2017, Husband and Wife acquired some land in which to build a house. A few months later the couple executed a separation agreement. Husband and Wife at one point in 2017 reconciled and resumed an intimate relationship. However, during this time, Husband was still carrying on an intimate relationship with Barrett. That relationship went as far as conceiving a child with Barrett via in vitro fertilization. Wife filed an Alienation of Affection lawsuit against Barrett. Barrett was held liable, and she appealed.

Continue reading →

Published on:

By

North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they must avoid specific locations (such as a the plaintiff’s home), and awards temporary custody of minor children to the nonoffending party. However, 50B actions are only applicable to parties that are in a personal relationship. That means spouses and former spouses, dating partners, current and former household members, parents, and a few more categories. The rule is that the parties share a personal history. Continue reading →

Published on:

By

Scott v. Scott, 2021-NCCOA-636 (unpublished).

In North Carolina, contempt is the avenue to enforce many domestic court orders, including those that were part of a separation agreement, but only if the agreement is later incorporated into a court order/judgment. That is the situation in the case below, where the father had agreed to pay $2000 a year toward a college fund for the minor child, but later ceased payment. He was found in contempt, and later appealed. Continue reading →

Published on:

By

https://www.seattletimes.com/seattle-news/a-first-for-state-court-of-appeals-kona-mr-bear-dogs-divorce-visitation-rights/

Our pets and divorce saga continues. Today we have a tale from the state of Washington that continues this trend. A couple that separated in 2018 owned two dogs together: Kona and Mr. Bear. At the time, they co-parented the dogs extensively, texting each other schedules, grooming appointments, trainings, and social outings. Throughout the divorce proceedings, both parties emphasized how important the dogs were to them, and how important it was for the dogs not to be split up. Ultimately, the Husband got the dogs, but the Wife got a visitation schedule. Husband wanted to remove those visitation provisions, the court denied, and he appealed to the court of appeals. Husband won, and the visitation provisions were struck out. Continue reading →

Published on:

By

Unless your home is under a rock, you probably know that Adele released her fourth studio album on November 19, 2021.  This is Adele’s first new music since the release of her third studio album in 2015.  It has been six years since Adele fans have been graced with her music.  Needless to say, a lot has happened in Adele’s life over the last six years and her newest album was inspired by these struggles, including her divorce from her husband, Simon Konecki. Continue reading →