We are all keenly aware of the emotional effects that separation and divorce can have on our families and ourselves. People at the beginning of a separation or divorce often overlook the physical effects of this process. While the issues listed in this article mostly mirror the issues experienced by women, the focus of this article will be on men. Continue reading →
You have probably heard the recent story of the theft of Lady Gaga’s French bulldogs and the shooting of her dog walker. If you have not, on February 24, 2021, around 9:40 p.m., Lady Gaga’s dog walker, Ryan Fischer, was accosted and shot, and two of her three French bulldogs were stolen. A local home security camera recorded the altercation. Lady Gaga offered a $500,000 no-questions-asked reward for the safe return of her dogs. Continue reading →
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 →
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 →
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 →
Susie Marshall Sharp was born in 1907 in Rocky Mount. Her family relocated to Reidsville, where her father became a lawyer. She attended Reidsville High School, followed by the North Carolina College for Women, now known as UNC-Greensboro, and ultimately entered law school in 1926 at the University of North Carolina in Chapel Hill. Before Justice Sharp’s enrollment, only three women had graduated UNC School of Law since 1911. Continue reading →
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 →
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 →
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 →
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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