North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

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ZIMMERMAN V. ZIMMERMAN 2021-NCCOA-485

Previously, we have written about the use of stipulations in a case to maximize efficiency and what is required in an oral stipulation in the context of Equitable Distribution. (Our courts have held, for an oral stipulation on Equitable Distribution to be valid, that the parties must be read the terms of the stipulation and questioned as to whether they understand the legal effect of the agreement and then agree. McIntosh v. McIntosh, 328 S.E.2d 600, 74 N.C. App. 554 (N.C. App. 1985)). Continue reading →

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Blackwell v. Blackwell 2021-NCCOA-537

  1. Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in a memorandum of judgment. Before the formal written order was entered, Mother filed to modify custody because her job had moved to Pennsylvania. The formal order was entered in December of 2016. Mother then took the child to Pennsylvania with her in 2017. Father filed for ex parte emergency custody, modification of custody, and contempt. Mother requested that the trial court examine the mental health records. At trial, the judge did not admit those records as evidence, stating that he was not concerned with events prior to the entry of the custody order. Eventually, Father’s motions were granted, and he was awarded with permanent custody. Mother appealed.

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Snowden v. Jaure, (Wyoming Supreme Court)

With Covid-19 raging for over a year now, many families have been affected and often negatively. Job loss is just one consequence of the pandemic. This has caused a loss in income for many individuals. In families going through a custody case, it means that child support calculations are going to be affected. Now one state has litigated one such Covid-19 case all the way to their state’s supreme court. Continue reading →

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October is Adopt a Shelter Dog Month. Dogs are our best friends. Some seem to be made entirely of boundless energy and unconditional love. Studies have shown that in the presence of our four-legged friends, stress lowers, our happiness-promoting hormones increase, our blood pressure lowers, and our self-esteem increases. During a particularly messy divorce and separation, a furry companion could be the perfect way to cope with the stress. Take note that pet ownership, even with all the mental benefits, is a serious commitment. Do get a dog, but only if you are serious about the responsibilities of ownership. Continue reading →

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In case you have not heard, deepfake videos are multiplying online. “Deepfake” is a term coined in late 2017 by a Reddit user of the same name.  With origins in pornography, the use of deepfakes has transcended well beyond the explicit. A deepfake generally refers to media manipulation where a person in an image or video is swapped with another person’s likeness. A more recent deepfake depicts Belgium’s prime minister linking the coronavirus pandemic to climate change during a manipulated recorded speech. Although some deepfakes are created for parody and entertainment, others are not. Creation of deepfakes has also led to bullying, harassment, and other criminal offenses. Continue reading →

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There have been phones and computers around for decades now, and in the child custody context they have been instrumental in providing access to children for noncustodial parents. But since Facetime has come around, we are beginning to see some court documents, specifically custody orders, reference Facetime when crafting custodial schedules. The common form of this Facetime provision is to order that the custodial parent—the parent with physical custody of the child at the time—make the children available for Facetime calls. They differ by the duration of the call, and some will specify specific windows of time in which the noncustodial parent may call. Most also add some sort of “reasonableness” to the equation, so that the Facetime provision is not abused by either party. Continue reading →

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By: Carolyn J. Woodruff, JD, CPA, CVA
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Patterson v. Chrysler Group Addendum

Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the qualification of a domestic relations order. It is proper to note that this dispute is between the Plan and the Alternate Payee or the Transferee Spouse.  The Plan Participant (ex-Husband)  is not a party and does not have standing. It is the Transferee Spouse’s vested benefit under consideration. Ex-Husband no longer has an interest. The Plan is the legal owner as Trustee of the retirement benefits. Continue reading →

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The Rules of Civil Procedure often have a few points where a case can end. They are there to make sure that all parties to the case are proceeding fairly, timely, and efficiently. Over time, these stopping points have begun to evolve as more and more litigants are utilizing them to “win” cases. One such rule is Rule 41(b). Rule 41 is about dismissal of actions. Part (a) is about voluntary dismissals by the plaintiff or by order of the judge. These voluntary dismissals are typically without prejudice, meaning that the plaintiff may file a lawsuit again, usually within a year. Part (b) is about involuntary dismissals. Typically, a defendant would file a motion to dismiss a case or claim based upon Rule 41(b). The grounds for dismissal under this Rule are failure of the plaintiff to prosecute or to comply with these rules or any order of court. Distinct case law has fleshed out the operation of the Rule, and what is required to be shown unto the court in order to have a Rule 41 motion to dismiss granted. Continue reading →

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North Carolina will soon decide whether to make gambling on sports legal. There are two bills, one in the North Carolina House, the other in the Senate. House Bill 631 of the 2021 Session is a bill to authorize and regulate sports wagering. Senate Bill 688 looks to be a mirror of the House Bill. In short, these bills would make wagering on professional sports legal in North Carolina. The operators of any sports betting business will be allowed to utilize cryptocurrencies as wagers or payments, meaning consumers can deposit cryptos in their accounts. The bills will define these cryptos as “cash equivalents.” These are assets convertible to cash for use in connection with authorized sports wagering. The legislation’s inclusion of cryptocurrencies is easily the most interesting element. The use of these virtual currencies could propel the value and usefulness of the payment medium even further. Continue reading →

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September is National Self-Care Awareness Month. It is a time to remind yourself that you should tend to yourself just as much as you tend to others. Self-care is different for everyone. For some, it’s a brief escape from reality in a good book or movie. For others, it can be a simple run in the park on a dewy morning. Some find that perfect moment when they sit back and gaze at their perfectly mowed lawn. And yet for others, it might even be finally going forward with divorce!

Taking care of yourself doesn’t have to be luxurious. And it doesn’t need to be brief. Self-care is the concept that focuses on recharging your own spirit so that you can have the energy to spend on others. It is more a mindset than any singular task. It should reduce your stress and allow you respite from the daily turmoil. It should not be confused with being selfish.

Self Care Ideas

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