North Carolina Divorce Lawyers Blog

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In re NNB, COA 19-261 (Unpublished opinion)

The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a father wanted custody of his minor child, but circumstances were not good for his case. Continue reading →

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A few years ago, when our state’s leading public university was hit with a public records request regarding a campus sexual assault, the school’s response led to a Constitutional standoff. The United States is a republic where the states have a great deal of autonomy, but what happens when a state institution seems to violate federal law? Continue reading →

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The Centers for Disease Control and Prevention (CDC) has stated that fear and anxiety related to the COVID-19 outbreak can be overwhelming and can cause increased emotional issues in both adults and children. People that may experience greater levels of stress include those who are at higher risk due to chronic diseases, children and teens that may not be able to understand the disease process, front line emergency and healthcare workers, and people that suffer from mental health or substance abuse issues. The added stress during the pandemic can include increased fear and worry about their own or a loved one’s health, changes in sleeping or eating habits, problems with concentration, loss of sleep, worsening chronic mental or physical health problems, or increased use of alcohol and/or drugs.

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Benson v. Comm’r, T.C. Memo. 2018157, 2018 WL 4520083 (2018), aff’d, 774 F. App’x 339 (8th Cir. 2019)

(a) Facts: Wife owned a corporation that maintained and collected revenue from St. Louis parking meters. She fraudulently overbilled the city, was convicted, and went to prison. While she was in prison, the husband filed to divorce her.
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Rogers v. Comm’r, 908 F.3d 1094 (7th Cir. 2018)

(a) Facts: Husband and wife filed a joint tax return for 2004. The IRS assessed a deficiency, and the parties sought review in the Tax Court. The Tax Court held for the IRS.

Three years later, the wife filed a petition for innocent spouse relief. The IRS rejected that petition. The wife sought review in the Tax Court, which agreed with the IRS. The wife appealed to the Seventh Circuit. Continue reading →

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North Carolina adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2007. North Carolina is one of the 42 states that have adopted the UIDDA for the sole purpose of making discovery by duces tecum and depositions easier and requiring less interaction with the court system in having to acquire commissions. The North Carolina Statute on the UIDDA is Chapter 1F, accessible at https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_1F.pdf . Continue reading →

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Have you taken intimate pictures of your current or former partner? Before you decide to post that image on social media, share it with friends, or try to get revenge with these private images, there are a few things you should know. Publishing, reproducing, or distributing these images could potentially earn you a misdemeanor or felony charge and cost you a lot of money. Continue reading →

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Abdelhadi v. Comm’r, T.C. Memo. 2018183, 2018 WL 5609201 (2018)

(a) Facts: Husband and wife were married in 2014. Before getting married, they were romantically involved with one another and had both a daughter and a son.

The IRS received a joint tax return for tax year 2007, in which the couple clearly was not married. The wife “did not see, review, or sign that return; she has not seen it since and it is not part of the record.” 2018 WL 5609201, at *2. (To the extent that the wife’s signature appeared on the return, she presumably argued that her signature had been forged.) Continue reading →

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Schwartz v. Bogen, 913 F.3d 777 (8th Cir. 2019)

(a) Facts: Husband and wife were divorced in New Jersey in 1983. The divorce decree incorporated a settlement agreement. The agreement provided that if the wife remarried between 1986 and 1990, the husband would pay her, “as equitable distribution, a yearly sum equal to Twenty (20%) percent of [the husband’s]’s Basic Bell System Management Pension Plan.” 913 F.3d at 779. Since the divorce was in 1983, and the QDRO provisions were not added until 1984, no QDRO was ever obtained. Continue reading →

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Culwick v. Wood, 384 F. Supp. 3d 328 (E.D.N.Y. 2019)

(a) Facts: Husband and wife were divorced. Their divorce decree incorporated a separation agreement. The agreement provided:

[T]he Husband shall otherwise retain all pensions and annuities acquired by him at any time, including during the term of the marriage. . . . The Wife waives any claims she might have in and to these benefits including the right to be named as a survivor beneficiary.

384 F. Supp. 3d at 335. The agreement further provided that “nothing herein contained shall require either party to renounce or disclaim any gift, devise or bequest which he or she may be given by the other’s Will, Trust, or other document.” Id. Continue reading →