Directly after the holidays happens to be one of the busiest times of the year for divorce attorneys when it comes to divorce filings. The increase in divorce filings is a trend that is seen nationwide, including here in Greensboro, North Carolina. According to the American Academy of Matrimonial Lawyers, there is typically a spike of 25% to 30% in divorce filings every year in January. There is a similar trend in the United Kingdom, where one in five couples plan to divorce after the holidays. Continue reading →
Substantial Change in Circumstances for North Carolina Parents in Child Custody Cases: Hibshman v. Hibshman
Life after divorce can be difficult and made even more challenging when custody disputes are involved. North Carolina law was designed for the reality that people’s circumstances can change from time to time, and they may need to modify existing custody orders accordingly. When parents cannot agree on which changes are appropriate, the court will decide whether a modification is necessary based on substantial changes in circumstances. Continue reading →
The Taxpayer Who Cried Wolf (Hardin v. Comm’r)
Hardin v. Comm’r, T.C. Memo. 2016-141, 2016 WL 4006806 (2016)
Facts: Husband and wife were married in During the marriage, the husband was partner in a law firm, and he also ran a sports management business. The wife was owner and president of a financial planning company. The husband was not involved with the operation of the wife’s business. Continue reading →
The Clock is Ticking: Don’t Miss a Deadline
Dana M. Horlick, Attorney, Woodruff Family Law Group
Whenever you become a party to a lawsuit, whether you are the Plaintiff or the Defendant, there are deadlines imposed by the Court, by statute, and by the Rules of Civil Procedure that are important to follow. There are deadlines whether you are in Guilford County, North Carolina or Fulton County, Georgia. Missing such a deadline could severely impact your rights. Continue reading →
Even Brad Pitt Doesn’t Always Get What He Wants
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupI must confess, as a family law attorney I cannot help reading about celebrity relationships. I find that even though it feels like celebrities are untouchable and have very different lives than our own when a celebrity relationship ends the same scenarios arise. Separation and divorce are the great equalizers, and no one is immune. If you have followed the recent celebrity news, you may have seen that Brad Pitt filed a motion this month asking the court in California for an emergency hearing on sealing the court file containing the details of his separation from Angelina Jolie. His argument was that he wanted to protect the couple’s six children from intense worldwide scrutiny. Continue reading →
Substantial Change in Circumstances in North Carolina Child Custody Agreements – Pulliam v. Smith
If you have an existing child custody order that you want to change, the process can be quite complex. A North Carolina parent cannot just unilaterally change any type of child custody agreement. At the Woodruff Family Law Group, our seasoned family law lawyers can help you determine if your circumstances will permit a child custody modification. With years of experience, we are well versed in this are of law and can put our knowledge to use in your case. Continue reading →
Child Abuse and Spousal Privilege
by Jennifer Crissman, Woodruff Family Law GroupAs a parent, it is a nightmare even to imagine your child being harmed. But for some families in the Piedmont, this is a grim reality. The scenario turns even darker when there are allegations that your spouse harmed the child. This places the parent in a terrible position: trying to protect your child from harm, and to reconcile how your spouse could be responsible for the alleged conduct. The parent may not have been aware the abuse was occurring, but may still be called to testify about the facts and circumstances of the alleged abuse either in a juvenile proceeding, a custody trial or criminal proceedings. What is the innocent parent to do? The natural inclination may be to stand mute to try to hold the family together. However, this is not an option. Continue reading →
Planning for Retirement Post-Divorce
Carolyn Woodruff, a North Carolina CPA and Family Law Specialist, frequently is faced in sending a divorce client in the right direction after receiving a retirement plan in a divorce settlement. Here are her thoughts on the subject: Continue reading →
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 12 of 12 Parts
By: Jennifer Crissman, Attorney, Woodruff Family Law GroupIn the final installment of our twelve-part practical series for attorneys practicing in Guilford and surrounding counties, we will review the case of State v. Deanes. In our hypothetical situation from Part 1, there were multiple hearsay statements made by the children to various family members, social workers, medical practitioners and detectives. While we have covered the prime hearsay exceptions to have these statements admitted, there is always the possibility that the court will not allow the hearsay in under the already enumerated exceptions. If this happens, the best alternative is to use Hearsay Exceptions Rule 803(24) – “Other Exceptions.” The court in Deanes gives us a broad overview of “other exception where there is inherent trustworthiness” under Rule 803(24), and the proper procedure to utilize this hearsay exception. State v. Deanes, 323 N.C. 508, 374 S.E.2d 249 (1988). Continue reading →
Potluck and Netflix: Tips for a Triad Friendsgiving
By Sarah Andrew, Blog Writer, Woodruff Family Law GroupWhen I think of Friendsgiving, I think of my first attempt at baking pumpkin muffins. I remember my joy at having an excuse to try out my roommate’s fancy stand mixer, my panic at using so much butter at once, the brisk three-block walk to my friend’s apartment, in ill-advised boots, with the warm bowl nestled between my gloves. Steam rising from homemade food is such a cozy thing, even when you’re not jaunting about in the cold. Continue reading →