North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

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In Part 1, we talked about the best way to protect your choices about your frozen embryos before the in-vitro fertilization (IVF) process takes place, but what can you do if you’re already past that point? As IVF becomes a more common technology, more and more couples who froze embryos during IVF are getting divorced. Many of those couples didn’t make plans or sign agreements about the possibility of divorce. Others have changed their minds since their agreements were originally made or just didn’t pay attention to one more form in the flurry of paperwork they signed at the clinic.

Is There Case Law in North Carolina?

Unfortunately, North Carolina doesn’t have any statutes or published case law on what happens in those situations. We have to look to other states to get an idea of what will happen in cases like this. Approaches in other states fall into three categories: the pure contract approach, the balancing test, and contemporaneous consent. It is unclear where North Carolina will eventually fall on this spectrum, but for now these will likely be decided case by case depending on the judge who hears the case. Continue reading →

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Before filing a complaint for absolute divorce, your attorney will request that you sign a Verification stating that all the claims and allegations contained in the complaint are accurate and true. This is not just to ensure that there is accuracy in the pleadings and that there are no mistakes. It is actually a requirement and essential part of the complaint for divorce. Put another way, without verification, the complaint will be dismissed. Our statutes[1] require that a verification be signed in front of a notary public or officer of the court. Continue reading →

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Amy Setzer, Legal Assistant

For those dealing with a family law matter, whether it’s battling your ex for custody or severing ties with a divorce, Couples Appreciation Month probably doesn’t have you doing cartwheels through downtown. But if you’ve been keeping up with our series on developing healthy relationships, you know that these suggestions can be applied to your connections with many different types of people in your life. If you’re building a new romance or trying to fix your rapport with Mom, here are more tips for your toolbox. Continue reading →

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Amy Setzer, Legal Assistant

If you read the previous blog, you know April is Couples Appreciation Month.  Those of you going through a divorce probably don’t find this fact something to celebrate. Here at Woodruff Family Law Group, we work hard not only to help our clients get through their big “D”, but to get past it as well.  Part of moving forward after a strenuous break-up is healing yourself and hopefully finding new love.  While getting back in the saddle is tough, staying in it can be even tougher. Whether you find yourself in a new relationship or feel like the one you’re in has lost its sparkle, here’s some more tips on strengthening your bond with your special someone. Continue reading →

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Amy Setzer, Legal Assistant

                April is Couples Appreciation Month and in honor of the occasion we’ll be posting a series of blogs on what to do (or not) when it comes to healthy relationships.  If you’re down in the dumps about your recent divorce, don’t fret.  While these tips are geared towards romantic couples, the basic principles can apply to all kinds of relationships from family to friends, so it’s still worth the read.  Besides, as hard as it might be to imagine, there is a light at the end of the tunnel.  Eventually you will move on, and these tips could give you a leg up on a fresh start with someone new.

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Wayne Hopper, Legal Assistant

Sorey v. Sorey, 757 S.E.2d 518 (2014)

Divorce is not something anyone expects when they get married. The end of a marriage can be more difficult when one spouse has engaged in behavior that violates the fundamental tenets of marriage. Such behavior is considered marital misconduct in the legal world, and it can take different forms, such as sexual affairs, reckless spending, abandonment, or excessive substance abuse. Misconduct can lead to separation or the end of a marriage. North Carolina law addresses marital misconduct as a cause of separation or divorce and how it may be considered in claims for post-separation or alimony. Continue reading →

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Wayne Hopper, Legal Assistant

King v. Huizar (In re Huizar), 609 BR 482

Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially sue for the “theft” of his wife. Modern Alienation of Affection/Criminal Conversation laws allow spouses of either gender to bring a suit.

While similar in spirit, these two torts differ in what they assert. In an alienation of affection claim, one spouse is seeking damages against a third party for wrongful acts that interfered with the marital relationship, thus depriving them of the love and affection of their spouse. They are sometimes colloquially referred to as “homewrecker” laws or “heartbalm” torts. On the other hand, criminal conversation refers specifically to adulterous, extramarital sexual acts between the Plaintiff’s spouse and a third party. Continue reading →

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Imagine separating from your husband but never filing for divorce.  Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years.  This is exactly what happened to a woman living in the United Kingdom.

 

Rachpal and Kewal Randhawa were married in 1978 in Berkshire, a county in southeast England.  The couple parted ways and separated in 2009.  Despite separating, the couple still attended family functions as husband and wife.  Rumors spread that Mr. Randhawa had even had a child with another woman, but Mrs. Randhawa stated she remained unaware of his relationship status.

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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 →

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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 →