North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

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TLC’s 90 Day Fiancé television show has been an unexpected reality TV hit – so much so that there are now countless spin-offs involving the hijinks of favorite cast members. The culture shock is very engaging, and reality TV is all about entertainment, but there is a kernel of legal truth to the show and that is the K1 Visa. It is an avenue for immigration to the US for fiancés of American citizens.

Once they arrive in America, the couple needs to legally marry within 90 days or risk removal procedures. The premise of the show is simple. Many things can go wrong in those 90 days, and it never fails that something does—it is almost always a train wreck waiting to happen, and viewers get front row seats to watch the carnage. Continue reading →

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Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup. Needless to say, Mr. Hakimi is quite successful on the football pitch (soccer field) and has been rewarded handsomely for his talent. His contract at Paris-Saint Germain is rumored to be in the range of a million dollars a month. He’s had some legal issues recently; specifically he is under investigation by French authorities for an alleged rape. And even more recently, likely due to the underlying allegations, his wife has filed for divorce.  Continue reading →

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Selph v. Selph, 2023-NCCOA-______ (2023) (unpublished). 

  1. Facts: Plaintiff and Defendant married in December of 2017 and separated on July 20, 2021. They had one child together, which was the subject of a custody action. Plaintiff retained counsel to handle custody, whereas Defendant proceeded on his own. The two ended up negotiating custody and voluntarily agreed on a schedule for permanent custody. This agreement was drafted, signed, notarized, and then entered by the court as a consent order. The contents of the consent order included a paragraph that memorialized the parties consent to enter into the custody schedule. This consent order allowed for Defendant to have visitation with the child at the Plaintiff’s discretion. Defendant appeals. 

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WATSON V. WATSON, 2023-NCCOA-______ (2023) 

  1. Facts: Husband and Wife married in 2004. They separated, and in 2020 Wife filed a complaint for alimony and other relief. In 2021, the trial court granted a summary judgment, denying alimony. Husband argued that Wife’s illicit sexual behavior barred her claim to alimony. At the summary judgment hearing, Husband produced affidavits from Wife’s paramours each accounting for affairs Wife had while married. Wife admitted to one of the affairs as well. Wife complained that Husband was also adulterous and engaged in affairs during the marriage. Trial court granted Husband’s summary judgment motion. Wife moved under Rule 60 but was also denied.  

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When it comes to child custody, the court has the authority and discretion to consider a wide array of factors to further the best interest of the child standard. One such factor is the physical and mental health of the parent. Impairment of one parent in a child custody dispute that stems from alcohol or substance abuse may raise a number of legitimate concerns about that person’s ability to parent.

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Reese Witherspoon and Jim Toth announced the end of their marriage on Friday, March 24, 2023.  According to sources, Witherspoon filed the paperwork in the Circuit Court of Davidson County near their home in Nashville.  The Oscar winner and super-agent have one son together, Tennessee James, age 10.  Additionally, according to the paperwork, the couple have a prenuptial agreement.  In preparation for the end of their marriage, the couple have been splitting their assets for some time.  They have sold properties and their production company, Hello Sunshine.  Now, the couple are focused on working out a custody arrangement for their son.   

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BROSNAN V. CRAMER, 2023-NCCOA-______ (2023). 

  1. Facts: The facts here are simple. Plaintiff and Defendant married in 2008. After years of marriage, Plaintiff filed claims for alimony, child custody, child support, equitable distribution, post separation support (PSS), and attorney fees on October 15, 2020. Defendant filed his response on January 20, 2021. Plaintiff filed her reply on March 15, 2021. Then Plaintiff filed a voluntary dismissal of her pending PSS claim on April 8, 2021. She dismissed her PSS claim without prejudice. Then in a separate lawsuit, Defendant filed a complaint for divorce on April 19, 2021. Plaintiff accepted service of that complaint and did not file any answer to the divorce complaint. As such, Defendant moved for summary judgment and a divorce was granted on June 9, 2021. A mere 20 days later, Plaintiff sought to resurrect her dismissed PSS claim by filing a motion in the cause. Defendant filed a motion to dismiss. Trial court denied the motion to dismiss and ordered Defendant pay PSS. Defendant appeals. 

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IN RE: A.W., 2023-NCCOA-________ (2023). 

  1. Facts: Orange County DSS received a report for domestic violence that occurred in September 2018, where Father dragged Mother into another room by her hair, struck her in the back of the head, threw her against a wall, and essentially choked Mother until she lost consciousness. Their child witnessed this violence. Father then sent threatening messages to Mother, wherein he made threats to kill Mother or the child. Father was criminally charged for his conduct. While a domestic violence order of protection was granted to Mother against Father, the two continued to have contact. DSS filed a petition. A hearing for TPR was eventually held where the trial court terminated Father’s parental rights on the grounds, among others, that the child was neglected. Father appeals. 

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Dolan v. Dolan, 148 N.C. App. 256 (2002). 

  1. Facts: Plaintiff and Defendant married in 1971. Plaintiff went to optometry school and eventually he started his own practice and also bought rental properties to supplement the family income. The parties separated in 1994. A claim for Equitable Distribution (ED) was brought in a counterclaim by the Defendant. For ED, the parties entered into certain stipulations. They stipulated to the values of the rental properties. There were some contentions in the proposed order. However, the Judge signed an Order, which found that Plaintiff would incur certain amounts for taxes for the “liquidation” of rental properties distributed to him, if he decided to do so. The Order also found that Defendant would incur taxes for the liquidation of the rental properties distributed to her, if she decided to do so. Defendant appeals. 

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DONATI V. DONATI, 2023-NCCOA-________ (2023) (unpublished). 

  1. Facts: Husband and Wife separated and a claim for equitable distribution was filed by Husband, who claimed that he ought to receive more than fifty percent of all marital and divisible property. Husband contended that he sold his separate residence, a house owned before the marriage, and then put about $60,000 of those proceeds into the marital home. The trial court found that an in-kind distribution was equitable, and that an equal division was not. Husband appealed and argued that he was entitled to the return or reimbursement or credit for the $60,000 that he claims was his separate contribution to the marital property. 

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