North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

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SCOTT V. VURAL, 2023-NCCOA-________ (2023) (unpublished). 

  1. Facts: This is a personal injury case. However, the rules for service apply to almost all civil cases. There was an automobile accident in February of 2018. In February of 2021, Plaintiffs filed a lawsuit and attempted to serve defendant by certified mail pursuant to Rule 4 of the North Carolina Rules of Civil Procedure. Plaintiffs mailed the summons and complaint to a Ridge Lane Road address in Charlotte. USPS delivered the envelope, but marked “C-19” on the return receipt, as part of the contactless delivery policy the USPS enacted during Covid. Defendant filed a motion to dismiss for failure to serve, stating that Defendant did not receive the summons and complaint, did not sign the certified mail receipt, and had not lived at the Ridge Lane Road property since May of 2018 when it was sold. Trial court granted. 

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Ivana Moral and her ex-husband were married for 25 years.  Recently, a Spanish judge ordered Moral’s ex-husband to pay her $215,000.00 as compensation for 25 years of housework handled by Moral throughout the couple’s marriage.   

 

Moral won the judgment after arguing before the Spanish judge that she had been burdened with chores and raising the couple’s two daughters while her husband built a successful gym business.  Moral argued she was exclusively dedicated to the home and family while her husband continued to build his career, accumulating and increasing his assets.  Moral also argued that the 25 years of marriage left her feeling “economically threatened, worthless, and dependent.”   

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AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant. It further required each party to obtain and exchange psychological evaluations and to attend counseling. Eventually, the custody matter was set for trial in spring of 2021. On the first day of trial, Defendant provided a list of three expert witnesses that he planned on calling to testify. Plaintiff objected and wanted to exclude the expert testimony. The trial court agreed, and entered an Order that excluded Defendant’s three expert witnesses from testifying. Defendant appealed. 

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AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It further required each party to obtain and exchange psychological evaluations and to attend counseling. Eventually, the custody matter was set for trial in spring of 2021. On the first day of trial, Defendant provided a list to Plaintiff containing three expert witnesses that he planned on calling to testify. Defendant also provided the witnesses’ CVs and the written reports of two of the witnesses.  Plaintiff objected and wanted to exclude the expert testimony. The trial court agreed, and entered an Order that excluded Defendant’s three expert witnesses from testifying. When trying to settle the record on appeal, Defendant wanted the CVs and written reports of the experts included, while Plaintiff objected to their inclusion. In judicial settlement of the record, the trial court ordered that the reports and CVs not be included. Defendant appealed. 

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LIMERICK V. ROJO-LIMERICK, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. In August of 2020, Plaintiff filed for divorce from bed and board, child custody and child support, and attorney fees. Defendant counterclaimed for custody, child support, equitable distribution, alimony, and attorney fees. Defendant then voluntarily dismissed his counterclaims for equitable distribution, postseparation support, alimony, and attorney fees. However, Defendant’s claims for custody and child support remained open. Plaintiff then dismissed his claims except for child custody and child support. The trial court eventually entered into a consent order for permanent child custody, temporary child support, and attorney fees. The remaining issues for child support and fees were heard in November of 2021. Plaintiff’s claim for fees was granted. Defendant appealed. 

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In re J.J.H., Supreme Court of North Carolina, No. 430A19, December 18, 2020

This is Respondent Mother’s Appeal to the termination of her parental rights.

  • Facts: Guilford County Department of Health and Human Services (DHHS) filed petitions alleging that three of the five minor children involved were neglected and dependent juveniles. The remaining two minor children were alleged to be neglected juveniles. The agency reported receiving eleven reports on this family between October 2011 and February 2016. DHHS had substantiated nine of these reports. The reports alleged inadequate supervision. DHHS found that the two-year-old female was taken to the hospital twice for burns to her hands, arms, and buttocks. The five-year-old male received a school suspension for hitting and kicking daycare teachers. The Respondent Mother’s elderly grandmother, who suffered from seizures, reported that the mother had left the children in her care without permission. DHHS found that the respondent-mother left the children alone in the home only supervised by a five-year-old. Reports included the child drawing pictures of sexual acts, explaining human anatomy to classmates, attempting to engage in sexually inappropriate conduct with siblings, and describing acts of sexual abuse by an older cousin, who also acted as an overnight caregiver. The respondent-mother missed multiple medical appointments for one minor child that suffered from a large mass in his nose. The children were returned to school when the respondent mother failed to be present when they arrived home on the bus. DHHS reports noted the home’s utility services were disconnected.

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Ne-Yo and Crystal Renay are officially divorced.  The couple married in 2016.  Renay initially filed for divorce from the singer-songwriter in August after accusing him of cheating.  The divorce was finalized on January 26, 2023.   

 

Renay filed for divorce in Fulton County, Georgia.  In the filing, Renay asked for primary physical custody of the parties’ children.  Ne-Yo and Renay share three children: Isabella, Shaffer Chimere Jr., and Roman Alexander-Raj.  According to court documents obtain by Billboard, the Fulton County judge presiding over the matter ordered Ne-Yo to pay Renay $12,000 per month in child support.   

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T.J. Holmes, the Good Morning America star who was axed after an ABC network internal investigation, has filed for divorce from his wife of ten years, Marilee Fiebig.  Rumors began that Holmes and Amy Robach, another Good Morning America star, were romantically linked despite both being married to other people.  After ABC’s internal investigation, it was decided that both should move on from the network and pursue other opportunities.     Continue reading →

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BASSIRI V. PILLING, 2023-NCCOA-___. 

Facts: Plaintiff and his wife were married and residents of North Carolina. In 2019 through 2020, Defendant and Wife began a romantic relationship while Wife was still married to Plaintiff. Plaintiff filed for Alienation of Affections. Discovery was served on Defendant, and Defendant served responses wherein he stated that he and Wife engaged in intimate activities in California, Nevada, and Utah, but never North Carolina—and that Defendant had never set foot in North Carolina. Defendant filed motions to dismiss based on lack of subject matter jurisdiction. The trial court granted the motion and ordered that the lawsuit be dismissed because the evidence shows no conduct in North Carolina. Plaintiff appealed.  Continue reading →

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ADJEI V. MAYORKAS, _____F.4d _____ (4th Cir. 2023). 

Facts: Plaintiff and Defendant were before the Fourth Circuit on a citizenship and naturalization issue. Plaintiff and Boateng were a married couple, and Plaintiff sought to become a naturalized citizen of the US. Before Boateng was married to Plaintiff, she was married to Gyasi in Ghana. Boateng and Gyasi obtained a Ghanaian divorce through a ceremonial divorce, wherein neither party was domiciled or residing in Ghana. Ghanaian law allows the head of households to perform to ceremonial divorce. A Ghanaian court subsequently certified the divorce. Later, Plaintiff and Boateng married, and Plaintiff became a permanent resident. Plaintiff then applied for citizenship and was denied because immigration believed that Virginia would not recognize the Ghanaian divorce.  Continue reading →