North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

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By: John Davis, NCCP
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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 →

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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 →

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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 →

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North Carolina General Statute § 14-39 defines kidnapping as the unlawful confining, restraining, or removing from one place to another, anyone 16 years of age or older without their consent and holding them for ransom, in furtherance of or fleeing a felony, causing serious bodily harm or terrorizing or holding that person in involuntary or sexual servitude. When a person is under the age of 16, it requires the parent’s or legal guardian’s consent before the minor can be restrained, confined, or removed from one place to another. Continue reading →

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Madar v. Madar, No.COA20-28 (Dec. 2020).

In North Carolina, alimony is a type of spousal support that provides for the maintenance of a dependent spouse, by the supporting spouse. Dependent and supporting are legal terms, with incredible significance. In order to receive alimony, one must be a dependent spouse, the other party must be a supporting spouse, and the alimony must be fair after considering a set of factors in our statutes and case law. Below is a simple case outlining how a court determined dependent/supporting spouse. Continue reading →

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Bradley v. Bradley, No. COA20-48 (unpublished)

 

Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015.  The parties had one daughter born March 7, 2011.  The parties’ daughter was three years old when the original custody order was entered.  Defendant filed a motion to modify child custody on July 13, 2017, seeking primary physical custody of their daughter and permission to relocate with their daughter to Alabama to reside with her fiancé.  The trial court entered a judgment on July 19, 2019, awarding Defendant primary physical custody, allowing her to relocate to Alabama. Continue reading →

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Gribble v. Medcat Enters., (No. COA19-1092) (unpublished)

In North Carolina, some issues can be settled with a pre- or post-marital agreement. This is a contract. In such contracts, spouses can agree to certain terms and conditions, as well as insert an Arbitration Clause. There are certain advantages to arbitration, such as time and cost, that make it an attractive alternative to court. Our laws have reflected that trend and enacted the Family Law Arbitration Act. It is a default set of rules governing arbitrations arising from marital separation and divorce. Below is a case that reflects how a court may handle objections over the outcome of arbitration. Continue reading →

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Wall v. Wall, 140 N.C. App. 303 (2000).

Former spouses in North Carolina can split their property in an action for Equitable Distribution (ED). In order for the Court to make a decision on distributing property, it needs an inventory affidavit of all property owned as a product of the marriage. Occasionally, and especially in cases involving high-income parties, the inventory list can be extensive. Many times, there can be arguments regarding values of property. This can lead to some delay between the day of the hearing and the day of entry of a Judgment. Continue reading →

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Dogs are a large part of many families. But what happens with the family pet when you are separating or seeking a divorce?

Although many consider pets family, North Carolina considers pets as property. Like all other property, they could be subject to equitable distribution. North Carolina is an equitable distribution state where the property of the marriage is to be split equitably among both parties. The court may not always split the property evenly, but it must be split equitably between both parties. Under N.C.G.S. § 50-20, the parties’ property must be classified as separate, divisible, or marital, valued, and divided between them. This classification, valuation, and division applies to family pets. Continue reading →

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Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit your children? Should you enter into any agreement with your former spouse to carry this insurance? The answer to all of these questions is probably no. Continue reading →