North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

Published on:

By

Spring in Greensboro brings certain things. Pollen, unexpected rain showers, warmer weather, and taxes. The American Rescue Plan was enacted as part of ongoing Covid-19 relief. This plan provides an additional relief check, subject to income-cap requirements based on either 2019 or 2020 tax returns (most recent filed). The Plan also provides for an advance on half of a potential child tax credit for next year. These payments may both be at issue in a divorce case. Having tax return money in contention between divorcing spouses is hardly a novel concept. But due to the legislation providing pandemic relief, many spouses must find creative ways to divide relief funds when they were based on joint filings. The child credit advance presents a new wrinkle in divorce and custody cases. Continue reading →

Published on:

By

Are you recently separated or divorced and have started receiving bills for unpaid medical expenses of your former spouse?  Are these bills for medical treatment your former spouse received after you separated? The Doctrine of Necessaries, which creates a legal duty for the husband to provide for the expenses of his wife, is still recognized in North Carolina. The most common necessary expense is unpaid medical bills of the other spouse. When the spouse receiving treatment cannot pay for services, the service provider will often sue the other spouse to satisfy the outstanding debt. Continue reading →

Published on:

By

In recent celebrity news, Kim Kardashian and Kanye West have decided to get divorced. Undoubtedly, the couple signed a prenuptial agreement that handles much of the property division claims. But one aspect that is interesting about their eventual property settlement, is the issue of royalties. It is likely that the couple have a provision about their royalties and other intellectual property (IP) in their prenuptial agreement, but let us consider how it would play out in North Carolina if they did not. Continue reading →

Published on:

By

Everyone knows how COVID has affected our daily routine and forced an increase in the use of technology. The court system and attorneys have adopted technology to keep cases moving forward. At the beginning of this process, attorneys discovered that using virtual meetings to conduct client consults and client meetings was not only effective in preventing exposure to COVID but, in the long run, could increase productivity without losing the human interaction or attorney-client bond. Continue reading →

Published on:

By

Despite the name, a final judgment from a trial court is not always the end of a case. Appeal of the trial court judgment is often the next step in the timeline of a case. On appeal, typically, the Courts of Appeal are only restricted to the issues and factual record that were present in the trial court. That means no new evidence can be presented, and outside of a few exceptions, no new legal issues can be presented. Sometimes the appeal is based in a misinterpretation or a misapplication of law. Thus, many appeals focus on legal arguments and rely on old legal cases to argue how the law was misapplied. But at other times, the appellate court has an opportunity to set a new precedent or to distinguish the application of law to a set of facts. In these instances, there lies potential for far-ranging consequences of the Court’s decision. In such cases, interested organizations and attorneys will often want to weigh in on the matter, and attempt to persuade the Court. Remember that on appeal it is still plaintiff versus defendant, so these outside parties’ opinions may not always have any effect. Continue reading →

Published on:

By

We are all keenly aware of the emotional effects that separation and divorce can have on our families and ourselves. People at the beginning of a separation or divorce often overlook the physical effects of this process. While the issues listed in this article mostly mirror the issues experienced by women, the focus of this article will be on men. Continue reading →

Published on:

By

You have probably heard the recent story of the theft of Lady Gaga’s French bulldogs and the shooting of her dog walker. If you have not, on February 24, 2021, around 9:40 p.m., Lady Gaga’s dog walker, Ryan Fischer, was accosted and shot, and two of her three French bulldogs were stolen. A local home security camera recorded the altercation. Lady Gaga offered a $500,000 no-questions-asked reward for the safe return of her dogs. Continue reading →

Published on:

By: John Davis, NCCP
By

It would be a challenge to identify a person in American history with more strength of character than Harriet Tubman. She was born into slavery, enduring its horrors and privations, and escaped to lead dozens of other enslaved persons to their freedom. She lived most of her life with a bounty on her head yet openly fought for justice against entrenched power. She was a fearless conductor on the Underground Railroad, saying she “never lost a passenger”; she assisted John Brown in his fight to end slavery; she fought with the Union Army in the Civil War and even led an armed assault in South Carolina that rescued hundreds of slaves. And she lived long enough to become a suffragist fighting for women’s right to vote. Continue reading →

Published on:

By

In North Carolina, we see cases where one spouse is primarily a breadwinner for the family, often bringing in most if not all of the income. In those case, the other spouse is the homemaker, the one that cares for the children and/or pets and maintains the home. And when it comes to separation and divorce, dollar values become important. So how do you value a homemaker spouse’s contribution to the marriage? Continue reading →

Published on:

By

As part of Women’s History Month, I would like to revisit the Supreme Court’s first woman Justice: Sandra Day O’Connor. She is so much more than the historical trivia note to which she is often reduced. Educated at Stanford and appointed to the Court by then President Reagan, she served from 1981 to her retirement in 2006. She was as much an active voice behind the scenes as she was on the bench; apparently, she insisted that the Justices all eat lunch together, and would not take no for an answer. Continue reading →