North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

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In a move aimed at simplifying and expediting the divorce process, Maryland is implementing a no-fault divorce law, set to take effect soon. The state’s General Assembly passed this significant measure on April 7, and it was signed into law by Governor Wes Moore on May 16.

This new legislation is expected to have a substantial impact on divorce proceedings in Maryland. Notably, it will reduce the time and financial resources typically required for the legal process, making it more accessible and less burdensome for individuals seeking divorce. One of the key changes is the elimination of court-supervised “limited divorces” during child custody battles, streamlining the process further. Continue reading →

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Discovering that your spouse is having an affair is a devastating blow. You might even consider taking legal action, especially if you’re residing in North Carolina, which still recognizes claims for alienation of affection and criminal conversation. But how can you navigate these emotionally charged waters legally? A recent North Carolina Court of Appeals case, Beavers v. McMican, offers some insights that may be helpful for anyone in this unfortunate situation. Continue reading →

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A Judge in New York imposed sanctions on two attorneys and their law firm for submitting a legal brief containing six fictitious case citations generated by an artificial intelligence (AI) chatbot called ChatGPT.

The judge, P. Kevin Castel, found that the lawyers acted in bad faith, consciously avoiding the truth and presenting misleading statements to the court. Consequently, they were fined a total of $5,000.

The law firm, in response, expressed their disagreement with the court’s assessment, claiming their mistake was a result of a good-faith error, that of underestimating the possibility for a technology like ChatGPT to fabricate cases. Continue reading →

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Equitable distribution cases involving high-net-worth parties and spouses with significant assets require careful consideration to classify, valuate, and distribute property. Each piece of property must be classified as marital, separate, or divisible as a first step in equitable distribution. Determining which category each asset belongs to can be a lengthy process when there is a significant number, and valuating all the property presents further complexities. Continue reading →

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MCMURRAY V. MCMURRAY, 2023-NCCOA-______ (2023) (unpublished)

As a new generation of divorcees begin to reach retirement age since the enactment of ERISA in 1974, we will begin to see cases were a party needs a Qualified Domestic Relations Order (QDRO) to receive a retirement benefit, but somewhere in the divorce process the QDRO was never entered. Below is one such case. Continue reading →

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In the Tar Heel State, the unique legal doctrines of Alienation of Affection and Criminal Conversation are still very much alive and well. In simple terms, North Carolina lets you sue someone for messing with your marriage. It’s one of the few states that still do. So, if you’re having an affair or dating someone married, it may help to know the legal risks.

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Extracting text messages from an iPhone and converting them into a PDF format involves a series of steps. Please note that this process typically requires third-party software, but it has the potential to be extremely useful for your case. Continue reading →

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911 records can be valuable exhibits for the court in your case, whether that is custody, domestic violence, or anything else related. Here are ways to obtain a redacted form of the records on your own:

To request 911 records in Greensboro, North Carolina, you’ll need to provide specific information depending on the type of record you’re seeking: Continue reading →

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ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to modify the alimony arrangement, but the court denied the motion, citing unchanged financial circumstances. In 2018, the Defendant, who was working as a transportation driver for Richard Petty Racing, filed another motion to modify alimony, claiming a reduced income and increased expenses due to rising rent, housing, and vehicle costs. Plaintiff initiated a show cause order against the Defendant for not fully paying alimony from January 2019. In January 2020, a memorandum of judgment led to a reduction of the Defendant’s monthly alimony obligation by $100. However, by mid-2020, the Defendant once again failed to fully pay alimony, prompting another show cause order. In December 2020, the Defendant filed another motion to modify alimony, stating he was furloughed and later terminated, incurring unforeseen expenses and borrowing against his retirement account. At a hearing in March 2022, Defendant testified about his employment history, reduced income, and efforts to secure new jobs. In June 2022, the court issued an Alimony Order, finding a substantial change in circumstances and reducing the Defendant’s monthly alimony obligation to $600. A Contempt Order was also issued, stating the Defendant’s arrearage and ordering him to pay $100 per month until the debt was cleared. Both parties appealed these orders.

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SHEPENYUK V. ABDELILAH, 2023-NCCOA-______ (2023)

  • Facts: Plaintiff and Defendant were “married.” On August 25, 2015, the parties were the host of a religious wedding ceremony officiated by Defendant’s brother. This brother was not ordained or legally authorized to officiate a ceremony. The parties themselves failed to obtain a marriage license prior to the ceremony. Six years later, in September of 2021, Plaintiff filed for a domestic violence protective order and alleged that she and Defendant were not married. Multiple other pleadings, including complaints and answers/responses to a partition action as well as a complaint for equitable distribution (ED) and alimony were filed, wherein it was essentially admitted that the parties were not legally married. Plaintiff amended her ED and alimony complaint to ask that the court treat the parties as presumptively married. Defendant moved to dismiss. Trial court dismissed for lack of a claim for which relief could be granted, finding that the parties were not married and an “equitable marriage” theory was unwarranted.

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