North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

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Baldwin v. Baldwin, unpublished (2021).

After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Many factors may come into play when making the determination, such as improvement to quality of life. These are complicated cases, and the parent seeking custody needs to demonstrate that relocating the children to another state best serves the development and growth of the children. Continue reading →

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In North Carolina, people who are in a personal relationship can apply for a protective order under chapter 50B of the statutes called domestic violence protective orders. This amounts to an Order of the court that directs the defendant to refrain from certain acts, excludes them from physical locations such as a residence, and awards temporary custody of minor children to the nonoffending party. However, the 50B actions are only applicable to parties that are in a personal relationship, meaning spouses and former spouses, dating partners, current and former household members, parents, and a few other categories. The common thread is that there is personal and private history between the parties. Continue reading →

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Recently, I have been giving thought to how increases in separate property values through the active work of a spouse is considered during equitable distribution. As a refresh, the goal of a trial court in divorce is to classify all property owned on the date of separation, value it, and then distribute it between the parties; only marital property is distributed. Generally, increases in value to separate property during the course of a marriage are still separate property. However, the analysis does not end there. Continue reading →

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Dechkovskaia v. Dechkovskaia, 232 N.C. App. 350 (2014)

Equitable Distribution is a mechanism by which former spouses separate their personal and real property. Sometimes the spouses may have some marital (or divisible) interest in a third party’s property. One example is when a couple resides at one spouse’s parent’s residence, and the spouses make some improvement on the land that increases property value. That likely creates an interest in the improvement on the home, which can be attributed to one or both spouses in some manner. Continue reading →

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“Nothing is so painful to the human mind as a great and sudden change.” – Mary Shelley.

Change can be positive or negative. Everyone will experience it, and everyone grows from it. Divorce and separation are very big changes. For some, it is an upheaval of life itself, and of personal identity. For others, it may be welcome relief. Moving forward after a big change can be difficult, even if positive. While nothing can replace trusted professional care, some tips can help the mind process the change. Continue reading →

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“My marriage has fallen apart…I must be a failure as a spouse.” Perhaps that thought that has run through your head while enduring the divorce process. These intrusive thoughts have a name: cognitive distortion. They are inaccurate, overly broad thoughts that reinforce negative thinking. It is thought that people developed these distortions as a coping mechanism for negative events they experience. An interesting evolutionary theory suggests that early in human history it was a useful shortcut to analyzing for threats, thereby increasing the likelihood of survival. Obviously in the modern age, this quick-thinking threat analysis has much reduced benefit. Some common types of distortions are below: Continue reading →

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Brackney v. Brackney, 682 S.E.2d 401 (N.C. App. 2009).

  • Facts: Plaintiff and Defendant had a child with severe neurological needs. To accommodate the child’s needs, they chose to build a single-level home that was accessible. The child unfortunately passed. The parties then separated a year later. The home’s construction was not yet finished and the parties had not yet closed on the home. Per the contract with the home builder, if the home did not close on a specific date, the down payment for the home would be forfeit. The Plaintiff was allocated the home in an interim distribution, and thereafter closed on the home. In the preceeding years, the property value on the home skyrocketed by $181,000. At trial, Plaintiff made an argument that this increase was his own separate property. The trial court did not agree, classified it as divisible property, and Plaintiff appealed.

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The month of May is Mental Health Awareness Month.  Each year, the National Alliance on Mental Illness (“NAMI”) joins the national movement to raise awareness about mental health.  For the year 2021, the message “You Are Not Alone” is the amplifying theme for the month.  This theme is relevant now more than ever, given that the resounding impacts of COVID-19 have left many people feeling isolated and alone during these challenging times.  Mental illness affects every aspect of a person’s life, especially if that person is facing divorce and/or a child custody battle.  Although it can be difficult to talk about, sharing your struggles with others to get the help you need will be highly beneficial for your family law case. Continue reading →

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Utah recently enacted a new statute that denies hunting and fishing licenses to those who are delinquent on child support payments. They have recently began notifying some of those people that they may be denied licenses based on their delinquency. According to their state child support enforcement records, roughly 19,000 are currently behind on payments, and of those 19,000, roughly 9,500 are hunters or fishermen that have applied for licenses in the past. The interesting correlation between hunting/fishing and child support aside, Utah’s new statute is not groundbreaking in any way. In fact, North Carolina has had a similar statute for years. Continue reading →

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In Equitable Distribution, we often ask clients about the debts that they accrued during the marriage and the value on the date of separation. This is because the judge is required to classify, value, and distribute marital property. But it may not always include debts incurred during marriage. The debts acquired by a spouse can be classified as marital, separate, or divisible, but only by showing that the debt has certain elements, required by law, can a debt be classified as marital. Continue reading →