North Carolina Divorce Lawyers Blog

Articles Tagged with divorce

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As family law attorneys, we are regularly asked by clients if they can record their spouse. In fact, in some cases, they are asking if we want a copy of the recording that they have already made. Yes, these recordings can possibly prove something was said or not said; there is the ability to corroborate as well. But admissibility of recordings is complex and a wholly separate area of law. Today, we discuss whether certain recordings are even legal and, depending on the answer to that question, whether your attorney can even listen to or view the recording. Continue reading →

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Three days after your wedding, it happens: You realize you’ve made a HUGE mistake. No worries, though, you can just get an annulment, right? In North Carolina, maybe not! Unless you fall into a few very specific categories, you are going to have to get a divorce instead. Continue reading →

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Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should the court treat those payments you made? Were they gifts, or were they something the court ought to consider in equitable distribution? Continue reading →

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Ouléye Ndoye, former wife of Georgia Democratic Senator Raphael Warnock, is demanding he submit to questioning as their child custody battle continues.  Ndoye’s accusations say Warnock has failed to render proper custody of the parties’ minor children during his days of their agreed parenting schedule.  Warnock’s work-related obligations have resulted in extended periods of travel for Warnock, leaving him unavailable during his agreed custodial time.  The parties’ parenting schedule awarded Warnock two weekdays per week, which he is no longer able to fulfill.

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Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022)

In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times not to come to Plaintiff’s house, and wouldn’t leave even though Plaintiff told him to four times. That context makes the situation seem very different, doesn’t it? Plaintiff got so nervous about what Defendant might do that it gave her a panic attack, and she filed for a Domestic Violence Protective Order (DVPO). The DVPO was granted because the trial court found that Defendant placed “the aggrieved party or a member of [her] family or household in fear of imminent serious bodily injury or continued harassment, as defined in [N.C.G.S. §] 14-277.3A, that rises to such a level as to inflict substantial emotional distress.” (N.C.G.S. § 50B-1 (a)(2)) Continue reading →

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Let’s suppose that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow and it can take some time for the court to reach your case. When it does, how should the court treat those payments you made? Were they gifts, or were they something the court ought to consider in equitable distribution? Continue reading →

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Plaintiff filed a complaint and motion for domestic violence protective order (DVPO) on March 12, 2021.  When using form AOC-CV-303, Plaintiff described no instances where Defendant either threatened to use or actually used a firearm in the context of domestic violence.  However, Plaintiff did describe instances of harassment.   Additionally, when prompted by the form AOC-CV-303 regarding whether Defendant had firearms and ammunition in his possession, Plaintiff noted that she was uncertain of how many or where Defendant kept his firearms and ammunition given the parties had been divorced since March of 2016.  In addition to leaving the space blank on the form AOC-CV-303 as to whether the Defendant had a “pattern of threatened use of violence with a firearm against any persons,” Plaintiff also did not indicate that she wished the Court to prohibit Defendant from possessing or purchasing firearms.

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It is not rare in this day and age that a spouse “brings” a home into a marriage. This means that one spouse was the owner of a home before they got married. It also likely means that the spouse bringing the home into the marriage was paying the mortgage. It is typical that, upon marriage, all funds are co-mingled and “my money” becomes “our money.” That is the case even if the spouses keep separate accounts and only deposit their respective paychecks into their separate accounts. North Carolina is not a title-controls state. The acquisition of a piece of marital property is usually dependent on whether it was acquired during the marriage or not. (Note: law is complex and there are exceptions.) But what about the home? Continue reading →

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As many families gear up for Halloween with their children, religious concerns about the holiday have led to an increase in “Fall Festivals” or “Trunk or Treats” to provide more religious families with an alternative to a traditional celebration full of ghosts and ghouls. During this time of year, religious tensions about acceptable activities for kids can come up between divorced parents with different religious beliefs. What is a parent to do when they can’t agree with their ex about their child’s religion? Continue reading →

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The divorce struggle between Angelina Jolie and Brad Pitt continues, despite Angelina filing for divorce approximately six years ago.  It has currently come to light that major disputes abound that  surround Chateau Miraval.  Pitt and Jolie officially bought Chateau Miraval in France in 2012.  The couple had been leasing the Chateau for years prior.  The property includes olive groves, a vineyard, a private lake, and a chapel.  Pitt and Jolie were married at the chapel in 2014.

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