North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

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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 if they follow through with a divorce. The $500 million is essentially a distributive award since the couple did not sign a prenuptial agreement before tying the knot.  Many couples in North Carolina sign prenuptial agreements before marrying to delineate how to handle specific assets should the marriage fail. If it is your intention to enter into a prenuptial or premarital agreement, you should keep the following in mind.  Continue reading →

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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 vitally important to practice patience. Although this may be hard given that divorce is a stressful and emotional process, trust that your attorney is doing everything possible to move your case along.  Continue reading →

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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 not deduct the 10% additional tax from early distribution of a retirement account for individuals directly affected by COVID-19. The explanation of the benefits of this specific section of the CARES Act is outside the subject of this blog. What happens if you are affected by COVID, you and your spouse are separated, and you withdraw money from your retirement under this program? Continue reading →

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A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there minor children affected by dating; have martial funds been used to support the new relationship; and, probably most importantly, when did you start seeing this new person? Continue reading →

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Dycus v. Dycus, ____ N.W.2d ____ (October 2020).

Once upon a time in North Carolina, the concept of a no-fault divorce was unheard of. In fact, some of this state’s earliest granted divorces stem not from the courts, but rather the legislature. In those days past, a spouse would have to apply for a divorce before the General Assembly, and then take up valuable legislative time by having the legislature investigate the grounds for a divorce. These days, divorces are much easier to come by, requiring only a resident spouse to show a one-year separation. Surprisingly, from time to time a spouse does not seem to “let it go” and some states have had to adjudicate appeals from divorces based on constitutional grounds. Below, we discuss a peculiar appeal on those grounds from Nebraska stemming from a no-fault divorce. Continue reading →

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In North Carolina, there are various methods for an alimony order to terminate. One such way is by cohabitation by the dependent spouse (the spouse receiving alimony). But what exactly is cohabitation, and how does it impact an alimony order? Continue reading →

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No. COA19-493 (unpublished)

Plaintiff-Father Alex Harter and Defendant-Mother Hayley Eggleston were never married but are the parents of one child, born in 2010. Father and Mother lived together from December 2009 until separating in September 2012. Since separating in September 2012, disagreements regarding the minor child’s custody have resulted in contentious litigation. Plaintiff-Father initiated action in Moore County, North Carolina. After the court entered a consent order on January 31, 2013, Defendant-Mother and the minor child moved to Ohio. On November 5, 2018, Mother filed a verified “Motion to Remove” the case to the State of Ohio because North Carolina was an inconvenient forum. Plaintiff-Father appealed from the trial court’s decision that North Carolina was an inconvenient forum and that Ohio was a more convenient forum. Continue reading →

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Divorce is no stranger among the stars and starlets in Hollywood. Lately, it appears that celebrity couples are finding difficulty navigating the unknowns brought about by COVID-19. Divorce rates in the U.S. have spiked during the coronavirus pandemic as couples find themselves together at home around the clock with nowhere to go. The added stress of unemployment, illness, and homeschooling of children has created a significant strain on relationships—especially those that are frequently under the microscope of public scrutiny. Continue reading →

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Rolls v. Rolls, 706 S.E.2d 842 (2010) (unpublished)

In North Carolina, Equitable Distribution can be settled without ever needing to step into the courthouse. Separation Agreements and Property Settlements are common ways to resolve the issues incident to a divorce. They are the will of the parties in a separation, distilled onto paper. They are contracts, and there are very precise rules for formation and enforcement of contracts. As we see below, a separation agreement may have been faulty, but it was the actions of a party that doomed his own arguments.

(a) Facts: Plaintiff wife and Defendant husband married in 1980 and separated in 2007. The parties filed a separation agreement in 2007, where they waived equitable distribution and acknowledged that both parties made full disclosure of all assets and debts. However, during the absolute divorce portion of their case, Defendant pled that there was in fact not a full disclosure of facts, and he requested equitable distribution in a counterclaim. In 2009, the trial court entered a Domestic Relations Order whereby half of Plaintiff’s IRA would be transferred to Defendant in accordance with the 2007 separation agreement. Plaintiff then filed a motion for summary judgment to dismiss the counterclaim, which was granted. Defendant appealed.

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We all know Cam Newton, the football quarterback who used to play for the Carolina Panthers but recently signed on with the New England Patriots.  Back in 2011, the football legend was drafted as the first overall pick by the Carolina Panthers.  He played countless games right here in our home state at Bank of America Stadium. He broke countless NFL records for passing and rushing yards by a rookie quarterback in his rookie year.  More recently, Newton has made the news for a reason other than football.  Newton is currently involved in a child support battle with his ex, Kia Proctor. Continue reading →