Facts: A husband and wife filed joint returns. The returns were prepared by the wife. The returns understated the amount of tax due, mostly because they wrongly double-counted certain gambling losses incurred by the husband.
The IRS assessed a deficiency. The wife filed a petition for innocent spouse relief, the IRS denied it, and the wife appealed to the Tax Court. Continue reading →
Prior to the beginning of each session of court, a calendar call takes place. Family law attorneys across the Triad are familiar with this process in which hearing dates are selected prior to an upcoming session of court. Though it may seem simple to select a date for your hearing and report it to the court, there are several factors that must be taken into account prior to selecting a hearing date. Continue reading →
Equitable Distribution, in a nutshell, is giving each party to a marriage what they are entitled regarding property acquired during the marriage. As one of the pillars of many divorce proceedings, it is commonly the most complex aspects, requiring extensive research into the lives of individuals going through a divorce. In some instances, the parties to a divorce can amicably agree as to how the property acquired during the marriage shall be distributed, and in some instances where parties fail to agree, distribution may be simple due to the nature, amount, and availability of information regarding marital property. In other instances, the parties cannot agree, and the marital assets are numerous, complex, and difficult to find; this situation can create a very tall task for attorneys in properly representing client interests. Continue reading →
The two big classifications of property in all equitable distribution cases are “marital” and “separate” property. These are the ones the get all the attention and are subject to some of the most intense scrutiny and debate; however, there is a third area of property that is equally as important and can at times, prove to be a valuable player equitable distribution cases. Yes, I am talking about “divisible property!” Continue reading →
A great aspect of living in the triad area is the rich history of successful businesses that put down roots in the community and prospered over the years. Greensboro is home to very familiar brands such as Wrangler and Volvo, and right down the road is High Point, which is known for being one of the largest home furnishing manufacturing areas in the country. Business and industry have been drawn to the area for years, and a growing population provides ample opportunity for entrepreneurs of all sizes to flourish. Some of the area’s most vital businesses are ones defined as “closely-held,” or more commonly referred to as, “Mom and Pop” businesses. Unfortunately, sometimes, Mom and Pop do not see eye-to-eye, which may jeopardize the future of these businesses. Continue reading →
Toni Maurie Gwynn was a 17-month angel who died July 10, 2013 in Eden, North Carolina. She was found suffocated and strapped to a car seat. Apparently, she had not had food or water for many hours.
The latest “who dun it” was resolved last week with her father Antonio Gwynn pleading guilty to second-degree murder. Continue reading →
By Carolyn J. Woodruff, North Carolina Family Law Specialist
It is a privilege in our society to be in a civil courtroom. Courtrooms are places of decorum and are necessary to our system of justice and our freedom. Without witnesses, a trial cannot go forward. Without trials, our freedoms suffer. It is simply part of being a citizen of this great United States.
How does a courtroom look?
Dear Carolyn,
I believe I am the Father of a son, but the Mother is married to someone else. I dated Mother while she and her husband were separated, but now they are back together. We had sex during the time we were dating and the child was born 9 months later—perfect timing for the child to be mine. Mother and Mother’s husband will not let me see the child, and quite frankly, hide him from me. I want to see my son. What can I do? I do not have any other children.
~ Bewildered Father Continue reading →
Dear Carolyn,
I have a family member who is separated. Before the separation, this person purchased a house with the deed only in her name and the deed of trust in both names. How will the courts view this property for equitable distribution? My family member thinks that since the property is only in her name that the other party has no rights under equitable distribution. Can you explain the difference between Deed and Deed of Trust?
Thanks Continue reading →
Dear Carolyn,
My wife and I have been married 20 years. Our child is graduating from high school this year, and we are miserable. We own a home with lots of debt and we cannot afford to separate without selling our home first. We both work, but there simply is not enough money to maintain two households without first selling the house. Is there any way we can declare ourselves separated and maintain the same household until the house sells? Why is the North Carolina waiting period for divorce a year? I hear that one year is a long time as compared to other states. Can we settle our property now? We have retirement, cars and furniture, along with the house?
North Carolina Divorce Lawyers Blog