Chafin v. Chafin, 791 S.E.2d 693 (N.C. Ct. App. 2016)
Facts: In late 1988, Plaintiff and Defendant entered into a marriage that lasted about twenty years before the parties separated in June of 2008. During the years of the marriage, Defendant was an owner of a close to non-profiting auto-sales company in North Carolina. Continue reading →
Belot v. Comm’r, T.C. Memo. 2016-113, 2016 WL 3248031 (2016)
Facts: During their marriage, the parties operated a dance studio. The business consisted of an S corporation which was the actual studio, an LLC which operated a boutique selling dance clothing, and another LLC which owned the real estate on which the studio operated. The parties owned each of these entities in different percentages. Continue reading →
Boy meets girl. They fall in love. Before you know it, he’s down on one knee with an expensive diamond ring in his hand. With Valentines Day quickly approaching, it is a scene that is sure to play out all across the Triad. But what happens when the relationship ends before the wedding bells have even had a chance to ring? When instead of meeting with a wedding planner, the couple is turning to a family law attorney for advice? Continue reading →
I am constantly amazed at how people going through a divorce “fight” over “stuff” like a tea cup, a train set, a doll, or a stuffed animal. Generally, when I am using the word “stuff,” I mean personal property like tables and chairs, jewelry, or sentimental items from childhood. The items have very little monetary value usually (some jewelry and collectibles excepted). Sometimes the items have great sentimental value. So, why the fight? Continue reading →
We previously discussed ways to protect gifted or inherited property from the claims of a child’s spouse, from the viewpoint of the parent making the transfers. It noted that the law already protects the amount of the gift or inheritance, plus any appreciation not caused by marital funds or efforts. Continue reading →
The previous two posts on premarital agreements have addressed future spouses who are considering signing a premarital agreement. The final two posts in this series will address the future spouses’ parents.
In particular, this post is directed at parents who have worked hard enough, and been fortunate enough, to accumulate significant property. You desire, naturally enough, to leave that property to your children. But you do not want that property to pass to your children’s spouses. How can this goal be accomplished? Continue reading →
Previously, we highlighted the risks of asking a future spouse to sign a substantively unfair agreement. These risks are not triggered merely because the terms of the agreement are not exactly equal. Rather, substantive unfairness is present only when the agreement passes some minimum threshold of inequality. Continue reading →
Our last premarital agreement post discussed the fairness of the procedures used when a premarital agreement was signed. This post will discuss the substantive fairness of the agreement itself. Continue reading →
A premarital agreement is a contract, signed by two persons who are about to be married. It sets forth rules that will apply when the marriage ends, either in death or divorce. It can also set forth rules to govern how the parties will deal with their property during the marriage. Continue reading →
Imagine after being happily married to your spouse for 20 years, you find out he or she filed for a divorce shortly after your marriage. Not only did they file for a divorce without saying a word to you, but they did so in a different country. Your spouse didn’t just go down to the courthouse here in Guilford County; they went to the Dominican Republic. Your first reaction will likely be shock and a sense of betrayal. What next? Consulting an experienced divorce attorney to determine your rights and the next steps to take. Continue reading →
North Carolina Divorce Lawyers Blog