Distinctive Representation in Sophisticated Family Law Matters
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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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Wayne Hopper, Legal Assistant

Williams v. Williams, 261 S.E.2d 849 (1980)

Alimony (also called spousal support in North Carolina) is a form of financial support awarded during a divorce proceeding and serves as a means to assist a dependent spouse post marriage. A “dependent spouse” is a person substantially reliant on their spouse for financial support or maintenance. Under North Carolina law, either spouse can receive alimony so long as they meet one of two criteria: (1) the spouse cannot meet their own reasonable financial needs without the other spouse’s income or assets, or (2) the spouse cannot maintain the standard of living they have enjoyed during the marriage absent the other spouse’s income or assets. Continue reading →

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By: Wayne Hopper, Legal Assistant

In celebration of Black History Month, Woodruff Family Law Group wants to shine a light on important contributions to African American advancement in the legal world and on the civil rights movement in general. It would be difficult to have that discussion without mentioning former North Carolina Chief Justice Henry Frye. Frye has been a trailblazer in various fields including law, politics, and scholarship, and his influence within these fields has served to inspire new generations to overcome obstacles and create their own “firsts.” Continue reading →

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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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In honor of Black History Month, we reflect on the lasting impact that activist and journalist Ida B. Wells had on the women’s suffrage movement and the anti-lynching movement.

 

Ida was born into slavery in 1862 in Mississippi. With the end of the Civil War in 1865, slavery was abolished, and the Reconstruction Era began. She was influenced by her parents, who became activists during this time.

 

When Ida was 16, her parents and baby brother died from yellow fever, and she was left to raise her younger siblings. She supported the family through her work as a teacher, although she was fired from her teaching position when she spoke out against segregation. She moved to Memphis in 1881.

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Kim Kardashian and Kanye West’s custody battle involving their four children has begun to heat up.  When Kim first filed for divorce early last year, both Kim and Kanye agreed that they should share joint custody of their four children.  Now, it appears the couple is a long way from agreeable terms.

 

It is not the first time Kanye West has taken to social media to air his grievances.  The artist often uses platforms such as Twitter and Instagram in a personal diary manner, posting entries for his millions of followers to read.  Kanye, who recently legally changed his name to Ye, shared a string of since-deleted images and messages about his fears for the safety of his daughter, North West, and allegations against Kim.  A few of the deleted messages are outlined below.

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By Wayne Hopper, Guest Blogger

In an exciting first, the U.S. Mint is rolling out its much-anticipated American Women Quarters Program. The 2022 release of the program begins circulation this month and features five women from various backgrounds who have been influential in American society and to humanity. The five women chosen for 2022 are Maya Angelou, Dr. Sally Ride, Wilma Mankiller, Nina Otero-Warren, and Anna May Wong. The program will continue through 2025.

In honor of Black History Month, Woodruff Family Law Group takes a closer look at Maya Angelou, a 2022 American Women Quarter Honoree. Angelou was an American writer, teacher, and civil rights activist.

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As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children.  Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought a judge to rule on the disagreement.  The parents, who are not identified in the court ruling, separated in 2019 and share custody of their three children. Continue reading →

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It is finally happening. We’ve written previously on how smart contracts, blockchains, and NFTs may culminate into a new-age method of property ownership. It is now time to put the theory to the test. A virtual currency/smart contract/blockchain/NFT startup is planning on being the first to use these new virtual blockchain technologies to sell a piece of real property. Kind of. Continue reading →