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Wayne Hopper, Legal Assistant

            As the conflict in Ukraine enters its fourth week, it has become clear that determined Ukrainian resistance has slowed the Russian advance. The initial Russian “shock and awe” campaign was a failure, and as a result Putin has been forced to regroup and reassess. Reports indicate that Ukrainian resistance has forced Russia to switch tactics. While supporting President Bashar al Asad’s regime in the Syrian Civil War, Russian forces developed a brutal and effective approach to warfare. As Russian forces approach the outskirts of major Ukrainian cities, they apply the tactics found to be so successful in Syria: Surround, Besiege, and Destroy. These tactics have resulted in an ever-growing civilian death toll, unspeakable human suffering, and outcry from the international community. Continue reading →

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Wayne Hopper, Legal Assistant

Risen v. Risen, COA19-342 (N.C. Court App. 2020)

The legal term “contempt of court” describes situations when an individual either willfully refuses to follow or otherwise fails to obey a legally binding order issued by a court. North Carolina recognizes two types of contempt: criminal contempt and civil contempt. Criminal contempt is used when a party violates a court order (or otherwise showing disrespect for the court) and to deter future acts of contempt. Civil contempt is intended to provide a remedy for an injured party or to force compliance with an existing court order. But does contempt have limits? In North Carolina a trial court judge threatened two minor children with civil contempt during a custody dispute between their parents. Continue reading →

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Wayne Hopper, Legal Assistant

            The hard work and sacrifices of American men and women in uniform are undeniable. Over the past 20 years, the wars in Afghanistan and Iraq have taken an immeasurable toll on those who served. About 1% of Americans shouldered the load for the entire nation during those conflicts. We owe them our immense gratitude. But there is an often-overlooked group who also served selflessly in these conflicts. National K-9 Veterans Day, March 13, is a day set aside to commemorate the service and sacrifices of America’s military and working dogs. Continue reading →

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Wayne Hopper, Legal Assistant

STEWART v. STEWART, 141 NC App. 236

Dividing assets collected throughout a marriage is an unfortunate but necessary undertaking with divorce. This process can cause conflict, especially when the asset was brought into the marriage by one party. In North Carolina, a business stake or an interest in a professional practice can be considered a marital asset subject to Equitable Distribution. While a premarital agreement is worth considering for a party bringing assets into a marriage, the language contained therein is just as important. Your spouse may challenge a premarital agreement without clear and suitable terms. Let’s look at one such case.    Continue reading →

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Wayne Hopper, Legal Assistant

Graham v. Jones

Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be best to seek custody or visitation? What are the potential benefits and drawbacks of each? Which is likely to be more successful? North Carolina case law can answer those questions. Decisions made by N.C. courts establish legal precedents which help guide courts in making decisions on similar issues today. For grandparents seeking custody or visitation due to the death of their own child (a biological parent of the child in question) and parental fitness of the surviving parent, the case of Graham v. Jones may provide some guidance. Continue reading →

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Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished).

  • Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their order, reverting back to the April 28 Order. In October of 2020, Father filed to modify the custody. Linda Key was called on to testify that, for the past three years, she was the caretaker for the minor child. Ms. Key is not a party to this case and has not entered into the case in any form. Trial court granted custody of the minor child to Ms. Key and found that both parents had acted contrary to their protected status as parents. Father appealed.

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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 →