Crowell v. Crowell, 809 S.E.2d 325 (2018).
In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. Sometimes property can be mingled in with third parties, such as in cases where either a trust or a third-party business entity is involved. The case below discusses how a court may handle such an issue. Continue reading →
Dycus v. Dycus, ____ N.W.2d ____ (October 2020).
Once upon a time in North Carolina, the concept of a no-fault divorce was unheard of. In fact, some of this state’s earliest granted divorces stem not from the courts, but rather the legislature. In those days past, a spouse would have to apply for a divorce before the General Assembly, and then take up valuable legislative time by having the legislature investigate the grounds for a divorce. These days, divorces are much easier to come by, requiring only a resident spouse to show a one-year separation. Surprisingly, from time to time a spouse does not seem to “let it go” and some states have had to adjudicate appeals from divorces based on constitutional grounds. Below, we discuss a peculiar appeal on those grounds from Nebraska stemming from a no-fault divorce. Continue reading →
In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Continue reading →
In North Carolina, there are various methods for an alimony order to terminate. One such way is by cohabitation by the dependent spouse (the spouse receiving alimony). But what exactly is cohabitation, and how does it impact an alimony order? Continue reading →
Toussaint v. King, COA19-851 (2020) (unpublished).
In North Carolina, a court has the ability to incarcerate a party for not following a court order. This procedure is called civil contempt. In order to send a party to jail for noncompliance, the court first must find specific facts. For one case of civil contempt for failure to make child support payments, the court did incarcerate the father. Continue reading →
No. COA19-493 (unpublished)
Plaintiff-Father Alex Harter and Defendant-Mother Hayley Eggleston were never married but are the parents of one child, born in 2010. Father and Mother lived together from December 2009 until separating in September 2012. Since separating in September 2012, disagreements regarding the minor child’s custody have resulted in contentious litigation. Plaintiff-Father initiated action in Moore County, North Carolina. After the court entered a consent order on January 31, 2013, Defendant-Mother and the minor child moved to Ohio. On November 5, 2018, Mother filed a verified “Motion to Remove” the case to the State of Ohio because North Carolina was an inconvenient forum. Plaintiff-Father appealed from the trial court’s decision that North Carolina was an inconvenient forum and that Ohio was a more convenient forum. Continue reading →
Stowe v. Stowe, ___ N.C. App. ___ (2020).
In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a business? Unlike other forms of property, businesses have reputations that are carefully cultivated, patrons, and other intangibles that make the business more valuable than what can be accounted for on paper. Courts call this factor Goodwill. An expert witness may testify as to how to arrive at a value for Goodwill. In the case below, we explore how one court handled expert witnesses for Goodwill for an insurance company. Continue reading →
As we proceed through the ongoing Coronavirus pandemic, domestic violence incidents have increased in North Carolina. Isolation and lockdown likely have exacerbated conditions that may have already been present in a rocky relationship. Financial woes and job losses have only added to the stress. Domestic violence and violence against intimate partners have been on the rise. Here, we will briefly discuss how the Court can grant emergency relief for the victims of domestic violence. Continue reading →
The Greensboro and High Point area is fortunate to be served by Family Service of the Piedmont, a local non-profit agency providing families and individuals affordable services in dealing with domestic violence, mental health, child abuse, and financial stability issues. Continue reading →
The ongoing coronavirus pandemic can add another disturbing statistic: domestic violence incidents have increased in North Carolina. Isolation and lockdowns likely have exacerbated conditions that may have been already present in a rocky relationship. Financial woes and job loss have only increased the stress. For some, these circumstances amounted to the proverbial straw that breaks the camel’s back. Continue reading →
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