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Becker Williams, F. Supp. 3d     , 2016 WL 878492 (W.D. Wash. 2016)

Facts: Husband and wife were married and in 2002, the husband designated the wife as survivor beneficiary of his retirement plans with Xerox. Continue reading →

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Suppose you inherit money from a family member during your marriage. Is your inheritance subject to being divided under North Carolina’s equitable distribution statute? The brief answer: it depends.

North Carolina General Statute § 50-20 defines marital property as all real and personal property obtained and currently owned by either or both spouses during the marriage and before the date of separation unless that property is determined to be separate or divisible property. Separate property under N.C.G.S. §50-20 is real and personal property acquired by a spouse before or during the marriage through devise, descent, or gift. Applying the definitions of marital and separate property from N.C.G.S. § 50-20, any money or property you inherit from a family member would be separate property. Continue reading →

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Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. Continue reading →

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As family law attorneys, we are regularly asked by clients if they can record their spouse. In fact, in some cases, they are asking if we want a copy of the recording that they have already made. Yes, these recordings can possibly prove something was said or not said; there is the ability to corroborate as well. But admissibility of recordings is complex and a wholly separate area of law. Today, we discuss whether certain recordings are even legal and, depending on the answer to that question, whether your attorney can even listen to or view the recording. Continue reading →

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Price v. Price, 2022-NCCOA-928 (unpublished).

Facts: In April of 2020, Mother filed a motion to modify child support. A hearing on that motion was eventually calendared for November of 2020.

In the meantime, Father had fired his attorney. Father did not show up for the modification hearing, and the trial court proceeded without him. Mother introduced evidence of Father’s income by producing in court his 2019 W2 showing a gross income of $251,918.59. Mother also produced records that Father was receiving $1500 a week in disability insurance between October of 2019 and April 2020 which was thought to be in addition to his income. Mother’s income was only $685.44 a week from her work.

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BOYLES V. ORRELL, 2022-NCCOA-916 (unpublished).

Facts: Mother and Father married in 2014 and separated about four months later. The couple had a daughter together, who is eight years old. The parties entered into a consent custody order and the mother had primary physical custody.

In March of 2020, the trial court entered a subsequent consent child custody order where it was ordered that neither parent would abuse alcohol or use illegal drugs, or abuse prescription drugs while with the minor child. It also allowed either party to request up to four random drug tests which would have to be performed within 24 hours. Continue reading →

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In the same vein as a previous post about starting new holiday traditions after separation, here are some fun ways Christmas is celebrated in other countries!

Holiday Celebrations Around the Globe

Japan: Kentucky Fried Chicken, the Christmas dinner of champions. Thanks to a marketing campaign in the mid-1970s, Japanese children associate the holiday with KFC. It is complete with the Colonel in Santa getups, themed containers for chicken and drinks, and a special Christmas combo bucket complete with all the secret spice chicken, salad, and cake. The lines get so busy that customers may wait up to two hours to get a bucket to go. Appreciation of food has no borders, and there is no reason why fried chicken can’t be the centerpiece to the Christmas dinner (except maybe health reasons).

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Creating a new family tradition can be a way to bring cheer to the holidays for both children and adults, especially when the family structure is changing due to divorce. One way to bond in a new family dynamic is to incorporate ‘matching outfits’, such as holiday themed pajamas or the famous ‘ugly Christmas sweater’. The following ideas can help you develop new holiday traditions after divorce.

Ideas to Try

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In the Northern Hemisphere the 2022 winter solstice will occur on December 21st. Winter solstice is when the North Pole is tilted farthest away from the sun.  At this time, the Arctic Circle is cloaked in darkness and the longest night of the year happens.  The winter solstice also signifies a turning point where the days begin gradually to get longer again.

A Global Celebration

Many cultures around the world have a long history of celebrating the winter solstice.  Cultures attach great meaning to the solstices because the sun is a sacred star at the center of the solar system.  The sun not only serves as a function of time, but it also sets the weather and indicates agricultural patterns, which were extremely important for historical civilizations.

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