North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

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Property division can be one of the most contentious parts of a divorce. Further complicating this process is the fact that courts must determine not just how marital property should be divided but even what qualifies as marital property. Equitable distribution is an option in North Carolina divorces, but the process for requesting it is not standardized throughout the state[1]. Some courts and localities have specific rules regarding filing for equitable distribution, so consulting with a Greensboro divorce lawyer will ensure the district requirements are met. Continue reading →

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In a significant move that has been years in the making, Florida Governor Ron DeSantis recently signed a measure that will bring about significant changes to the state’s alimony laws. The newly approved measure, known as SB 1416, eliminates permanent alimony and introduces a formula-based approach to determine alimony amounts based on the length of the marriage.

The elimination of permanent alimony has been a contentious issue that sparked emotional clashes and tearful testimonies from both sides. Proponents of the reform, such as the organization Florida Family Fairness, applaud the move, asserting that it provides a clearer framework and safeguards the right to retire for existing alimony payers. They argue that ending permanent alimony is a step forward for Florida families. Continue reading →

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Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state[1]. Marriages can be dissolved by either spouse as long as they have been separated for at least one year and one or both of them have lived in North Carolina for at least six months[2].

Finding Fault in North Carolina Divorces

North Carolina does recognize marital misconduct in alimony calculations[3]. Marital misconduct can include any of the following acts[4]:

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North Carolina is one of only a few states that allow a spouse to sue the person their husband or wife had an affair with, but this leaves many people asking what options there are for holding the cheating spouse accountable. If your spouse committed adultery and their actions caused you to suffer significantly, you may be able to file a lawsuit against them for intentional infliction of emotional distress. Continue reading →

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Equitable distribution of marital assets and debts is important to ensure that both spouses have their fair share of the property acquired during the marriage. It is rare that divorcing couples can approach property division conversations reasonably or impartially, which is why courts step in as objective third parties and distribute the property equitably.

When there are few marital assets or division is expected to be simple, North Carolina has a worksheet that can be used to determine an equitable distribution of assets[1]. This worksheet does not preclude the need for a hearing, but it can make the process of property division simpler once the spouses go before a judge. Continue reading →

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Divorce and child custody proceedings are often adversarial and challenging processes. With cases that involve high stakes and emotions, courts may decide to appoint a parenting coordinator.

What is a Parenting Coordinator?

A parenting coordinator is an impartial third party who helps in high-conflict cases[1]. The coordinator has the authority to perform a number of tasks that involve compliance with court orders and dispute resolution. Some common potentially contentious areas that they may assist[2] with include: Continue reading →

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Kelly Clarkson is an American singer, songwriter, and talk show host who has been in the music industry for over two decades. Her powerful voice and relatable lyrics have won the hearts of millions of fans around the world. Recently, she released a new song called “Me,” which addresses her split from her ex-husband, Brandon Blackstock. 

Clarkson and Blackstock were married for seven years, and during that time they had two children together. However, in 2020, Clarkson filed for divorce, citing “irreconcilable differences.” The divorce has been a topic of discussion in the media, and Clarkson has been open about the challenges of going through a divorce.  Continue reading →

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READ V. READ, 2023-NCCOA-______ (2023) 

Imagine that you and your wife separate from each other. It is now 15 years later. While you have both moved forward in life, neither of you filed for divorce. You are still married. One day you get a notice in the mail. There was an outstanding loan that originated during the marriage, while you two were still together, that has not been paid and now the lenders are threatening some legal action. Is it too late to file for equitable distribution and have a court order that you both pay on the debt?  Continue reading →

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WELCH V. WELCH, 2023-NCCOA-______ (2023) 

  1. Facts: Plaintiff and Defendant married in 1981. In 2007, the parties initiated divorce proceedings, including filing for equitable distribution (ED). In 2008, the parties entered into a consent judgment wherein marital property was distributed. One such item was an IRA at Charles Schwab. Pursuant to the parties’ consent judgment, each party was supposed to receive half of this IRA. This never happened, and eleven years had passed by the time Defendant realized it. After exhausting remedies under contempt and the rules of civil procedure due to being time-barred by the statute of limitations, Defendant moved for the entry of a domestic relations order (DRO) under the ED statute. This too was denied by the trial court, citing the ten-year statute of limitations. Defendant appealed. 

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FOSTER V. FOSTER, 2023-NCCOA-______ (2023) 

  1. Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a slight unequal division in Defendant’s favor. One item that classified as Plaintiff’s separate property was an account with funds sourced from a settlement Plaintiff received pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), and some items of personal property purchased with those funds. Defendant appealed.  

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