North Carolina Divorce Lawyers Blog

Articles Tagged with divorce

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The recent announcement of Noel Gallagher and Sara MacDonald’s divorce has captured the attention of fans and media alike. Their separation after over two decades together is not just a headline; it mirrors a scenario in which many couples, particularly in their 50s, find themselves. This blog explores their story and offers insights from a Greensboro divorce lawyer into the universal challenges of navigating relationships through midlife transitions. Continue reading →

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Either party in a divorce can request equitable distribution, but that request must be made before the divorce is final.[1]

Equitable distribution is the process in which the court determines how best to divide the spouses’ assets and debts, specifically their marital property and divisible property.[2] This is often a preferred method when there are significant assets, numerous financial accounts, or multiple pieces of real property. Continue reading →

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Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay child support means visitation can be withheld.

The parent that receives child support cannot legally deny the other parent visitation with the child if they fail to make the ordered support payments.[2] The payee spouse can file a Motion for Order to Show Cause, which allows them to ask the court to hold the other parent in contempt for violating the court order. Continue reading →

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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.

Continue reading →

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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 →