Walsh v. Dively, 551 B.R. 570 (W.D. Pa. 2016)
Facts: When husband and wife were divorced in Pennsylvania, they agreed that the wife would receive 50% of the husband’s retirement. The agreement was incorporated into the divorce decree, but no DRO was entered. Continue reading →
King v. Giannini-King, 784 S.E.2d 237 (N.C. Ct. App. 2016).
Facts: In October 2001, Plaintiff (father) and Defendant (mother) were married and then separated, about seven years later, in early June 2008. Two minor children were born to the parties’ marriage. After the separation, Defendant relocated with the minor children. Subsequently, to Defendant’s relocation, Plaintiff brought an action for divorce from bed and board, child custody, and equitable distribution. Defendant filed a motion to dismiss, a motion to strike, in addition to a counterclaim for custody, child support, alimony, etc. Continue reading →
Chafin v. Chafin, 791 S.E.2d 693 (N.C. Ct. App. 2016)
Facts: In late 1988, Plaintiff and Defendant entered into a marriage that lasted about twenty years before the parties separated in June of 2008. During the years of the marriage, Defendant was an owner of a close to non-profiting auto-sales company in North Carolina. Continue reading →
Kelley v. Kelley, T.C. Memo. 2017-798, 2017 WL 1251018
Facts: Husband and wife were married in 1982. They later entered into a Separation and Property Settlement Agreement upon their separation in 1994 (the “1994 agreement”). The two later divorced in 1999. The 1994 agreement resolved several issues between the two such as child support, alimony, and equitable distribution, but most importantly, the agreement contained a “Modification and Waiver” clause. In 2003, approximately nine years after the parties separated and four years after their divorce, the parties allegedly signed a document titled, “Amendment to Settlement Agreement.” Continue reading →
Dear Carolyn,
My soon to be ex-wife lied under oath in Guilford County Court for personal gain (money). She over-stated expenses and I am paying P.S.S. Can I charge her with perjury and sue her?
Thanks!
~ P.J. Continue reading →
Dear Carolyn,
Triad parent here, contemplating divorce, but I feel compelled to stay together for the children. The children are ages ten and twelve. However, the marriage is quite bad; we argue all the time. We never do anything together, and sex—forget that. I work, and my wife does not work. Can you give me any insight into considerations for whether I should stay in the marriage for the children, or at least until they are in college? I want to do what is best for the children. I am miserable.
~ Miserable Continue reading →
In Part 1, we discussed that proving cohabitation in North Carolina is not an easy task. There have been multiple North Carolina Court of Appeals cases where the dependent spouse and new flame had been dating for years, were blending finances, were vacationing together, and living together as much as five days a week; yet the Court found there was no cohabitation. The most important thing to keep in mind when trying to prove cohabitation to the court is your evidence. Continue reading →
On June 8, Dance Legends from Russia, USA, Italy, South Africa, Denmark, and Azerbaijan will perform at the State Kremlin Palace, Moscow, Russia in “Stellar Duo.”
Carolyn Woodruff, known as the Dancing Divorce Attorney, will represent the USA for the second year in Moscow, Russia in the “Stellar Duo” with partner, Alosha Anatoliy (from Ukraine, now US citizen). Continue reading →
Stapleton v. Comm’r, T.C. Memo. 2015-171, 2015 WL 5049758
Facts: A father and mother had two children. The parents were never married. No court was ever asked to decide custody, but the parents agreed that the father would have the children every Monday and Wednesday night and every other weekend. In 2011, the father had custody of the children for 176 days. Continue reading →
Hiramanek v. Comm’r, T.C. Memo. 2016-92, 2016 WL 2763870 (2016)
Facts: The husband prepared a joint tax return for tax year 2006 and asked the wife to sign it. She refused to sign without reading it, and he permitted her to take a quick glance at the return. She noticed that the return contained a $35,000 casualty loss deduction for a break-in to the couple’s car while they were on vacation in Hawaii. Believing the deduction overstated, she refused to sign. The husband threatened and physically abused her for several hours, and she finally made a scribble on the signature line. The husband’s physical abuse was consistent with other physical abuse which the wife endured during the marriage. Continue reading →
North Carolina Divorce Lawyers Blog