North Carolina Divorce Lawyers Blog

Articles Tagged with family law specialist

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To say the coronavirus has thrown a wrench in many couples’ divorce plans would be an understatement. With courthouses in and around Guilford County having to shut down repeatedly due to reported positive cases within the courthouse, obstacles abound when it comes to the dissolution of marriage nowadays. It is vitally important to practice patience. Although this may be hard given that divorce is a stressful and emotional process, trust that your attorney is doing everything possible to move your case along.  Continue reading →

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People all over the United States are suffering from the long-term effects of the COVID-19 pandemic – emotionally, physically, and especially financially. The CARES Act § 2202 has authorized special distribution options for retirement plans and has expanded loans from certain retirement plans. Under the CARES Act, the IRS will not deduct the 10% additional tax from early distribution of a retirement account for individuals directly affected by COVID-19. The explanation of the benefits of this specific section of the CARES Act is outside the subject of this blog. What happens if you are affected by COVID, you and your spouse are separated, and you withdraw money from your retirement under this program? Continue reading →

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A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there minor children affected by dating; have martial funds been used to support the new relationship; and, probably most importantly, when did you start seeing this new person? Continue reading →

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Crowell v. Crowell, 809 S.E.2d 325 (2018).

In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. Sometimes property can be mingled in with third parties, such as in cases where either a trust or a third-party business entity is involved. The case below discusses how a court may handle such an issue. Continue reading →

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In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Continue reading →

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In North Carolina, there are various methods for an alimony order to terminate. One such way is by cohabitation by the dependent spouse (the spouse receiving alimony). But what exactly is cohabitation, and how does it impact an alimony order? Continue reading →

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The ongoing coronavirus pandemic can add another disturbing statistic: domestic violence incidents have increased in North Carolina. Isolation and lockdowns likely have exacerbated conditions that may have been already present in a rocky relationship. Financial woes and job loss have only increased the stress. For some, these circumstances amounted to the proverbial straw that breaks the camel’s back. Continue reading →

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October is National Domestic Violence Awareness Month. Although many find comfort and sanctuary within their own home, others do not because of physical violence by a partner. By U.S. Department of Justice estimates, approximately 1.3 million women and 835,000 men endure physical violence by the action of a partner every year. The National Domestic Violence Hotline is an outstanding resource for individuals to call for help and guidance if they are experiencing domestic abuse. Continue reading →

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Divorce is no stranger among the stars and starlets in Hollywood. Lately, it appears that celebrity couples are finding difficulty navigating the unknowns brought about by COVID-19. Divorce rates in the U.S. have spiked during the coronavirus pandemic as couples find themselves together at home around the clock with nowhere to go. The added stress of unemployment, illness, and homeschooling of children has created a significant strain on relationships—especially those that are frequently under the microscope of public scrutiny. Continue reading →

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Doyle v. Doyle, 176 N.C. App. 547 (2006)

Sometimes, what kicks off a divorce is not a slow descent into a frustrating marriage, but instead a jarring and violent incident that cannot be reconciled. Domestic Violence Protective Orders (DVPO) can be granted to spouses that fear for their or their minor children’s safety. A DVPO plays a major role in a divorce case that includes claims for child custody. In North Carolina, our laws require that judges in child custody proceedings consider acts of domestic violence and safety of the child when making determinations. Is it fair for a judge in custody to allow new arguments for a settled case? Below, we discuss the implications of such a DVPO on child support through the lens of a legal doctrine called collateral estoppel.

(a) Facts: Plaintiff husband and Defendant wife married in 2001 and had one child together. They separated in 2003 and a complaint for child custody and support was filed in 2004. During this period, the parties alternated custody of the minor child on their own accord. On one such exchange, Plaintiff was at Defendant’s home to pick up the child when Defendant tried to prevent them leaving by trying to remove the child from Plaintiff’s arms. Defendant struck Plaintiff’s groin, and Plaintiff responded with his own use of force. Police were called and Defendant filed for a DVPO. Plaintiff filed a counterclaim for the same. Temporary custody was awarded to Defendant. In the DVPO hearing, the trial court Judge Mull found that Defendant had initiated the altercation, thus dismissing Defendant’s complaint and granting Plaintiff’s. In 2004, a hearing was conducted for the issues of child custody and support. At that hearing, trial court Judge Sigmon disagreed with Judge Mull, and ordered Defendant have primary physical custody. Plaintiff appealed.

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