North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

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911 records can be valuable exhibits for the court in your case, whether that is custody, domestic violence, or anything else related. Here are ways to obtain a redacted form of the records on your own:

To request 911 records in Greensboro, North Carolina, you’ll need to provide specific information depending on the type of record you’re seeking: Continue reading →

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ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to modify the alimony arrangement, but the court denied the motion, citing unchanged financial circumstances. In 2018, the Defendant, who was working as a transportation driver for Richard Petty Racing, filed another motion to modify alimony, claiming a reduced income and increased expenses due to rising rent, housing, and vehicle costs. Plaintiff initiated a show cause order against the Defendant for not fully paying alimony from January 2019. In January 2020, a memorandum of judgment led to a reduction of the Defendant’s monthly alimony obligation by $100. However, by mid-2020, the Defendant once again failed to fully pay alimony, prompting another show cause order. In December 2020, the Defendant filed another motion to modify alimony, stating he was furloughed and later terminated, incurring unforeseen expenses and borrowing against his retirement account. At a hearing in March 2022, Defendant testified about his employment history, reduced income, and efforts to secure new jobs. In June 2022, the court issued an Alimony Order, finding a substantial change in circumstances and reducing the Defendant’s monthly alimony obligation to $600. A Contempt Order was also issued, stating the Defendant’s arrearage and ordering him to pay $100 per month until the debt was cleared. Both parties appealed these orders.

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In North Carolina, a private investigator (PI) can play a role in divorce cases by conducting various tasks to gather evidence and information related to the proceedings. However, the specifics of a PI’s role might vary depending on the circumstances of each case. Please consult with your attorney if you have questions regarding a PI and whether to retain one for your case.

Here are some ways a private investigator might be of use in a divorce and separation case in North Carolina: Continue reading →

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The divorce saga of Kevin Costner and Christine Baumgartner continues. As we already know, Baumgartner filed for divorce and a battle between the Hollywood duo ensued.

After many rounds of back-and-forth arguments over the couple’s $145 million California estate, it now appears Costner’s legal team has lodged new arguments regarding Baumgartner’s failure to admit or deny requests for admissions (RFAs) and to answer interrogatories. Costner’s team issued discovery for Baumgartner’s response a few months back. Costner sought to have Baumgartner respond to questions regarding their premarital agreement and her contentions as to the validity of the premarital agreement.

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Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be.  Continue reading →

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Approximately two months ago, Kevin Costner’s soon-to-be-ex-wife, Christine Baumgartner, filed for divorce. It appears the fight between the two is just getting started. Costner has received numerous accolades throughout his acting and producing career and is most recently known for his role as John Dutton on Yellowstone. Baumgartner is a handbag designer. The couple have three children together aged 12, 14, and 15. Continue reading →

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In North Carolina, parties to a case may be able to file an appeal if they believe the trial court made a mistake of law or legal procedure.[1] Appeals courts analyze decisions by the trial courts to determine if the law was applied appropriately and to ensure there were no conduct errors. There are a few potential rulings that the appeals court can make. Continue reading →

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As technology advances, so do the challenges surrounding digital privacy and security. In family law cases, the use of smartphones has become central to gathering evidence and establishing facts. However, the emergence of spyware, trackers, and new devices like AirTags has raised concerns about the potential invasion of privacy. This article aims to shed light on the most common spyware, trackers, and AirTags found on smartphones, emphasizing their implications in family law cases. Continue reading →

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In today’s digital age, smartphones have become an integral part of our lives. They store a wealth of information that can be vital in legal proceedings such as family law cases. By harnessing the power of forensic analysis, hidden data on smartphones can be uncovered, shedding light on crucial evidence that can significantly impact the outcome of a case.

Smartphones have evolved into mobile, personal vaults, harboring an array of information like call logs, text messages, emails, social media activity, browsing history, and even location data. When it comes to family law cases, this digital footprint can be an invaluable asset, revealing critical evidence related to child custody, communication patterns, financial transactions, or illicit behavior. Continue reading →

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The digital age has greatly increased the amount of information we generate and store. Metadata is a set of data that describes and gives information about other data. Metadata holds immense potential in various fields, including family law. Leveraging metadata in family law cases can provide crucial insights and evidence that may influence the outcome of legal proceedings.

Metadata refers to the underlying information about a file or document, such as the date and time it was created, modified, or accessed, as well as details regarding its author or location. In the context of family law cases, metadata can include the participants in electronic communications, times, dates, lengths, social media posts, GPS location data, and other digital footprints left behind by individuals involved in the case. Continue reading →