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Articles Posted in Divorce

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Alienation of Affection, an Expensive Proposition

Wayne Hopper, Legal Assistant King v. Huizar (In re Huizar), 609 BR 482 Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially…

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No-Fault Divorce in the United Kingdom

Imagine separating from your husband but never filing for divorce.  Now imagine separating from your husband, never filing for divorce, and learning years later that you had actually been divorced for approximately 12 years.  This is exactly what happened to a woman living in the United Kingdom.   Rachpal and…

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Separation Agreements as Contracts

Wooten v. Wooten, III, 2022-NCCOA-121, (unpublished). Here in North Carolina, separation agreements are treated the same as contracts. This means the parties can be more flexible with their terms and agreements, not necessarily confined to the stricter terms that a court order would typically proscribe. One such provision is the…

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Willis v. Willis

Sam Willis and Sarah Willis were married in August 1981.  Sam filed his Complaint on March 28, 1985, seeking a divorce from bed and board, alimony, and equitable distribution.  Before the parties married, Sam sold Sarah a house and lot on Claremont Road.  Throughout the marriage, the couple lived at…

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$734 Million Divorce Settlement

A United Kingdom court recently ordered Dubai ruler and UAE Prime Minister, Sheikh Mohammed Bin Rashid Al Maktoum, to pay his ex-wife, Haya bint al-Hussein, a jaw-dropping $734 million in a divorce settlement.  Haya bint al-Hussein in the Princess of Jordan and the couple have two children together.  This settlement…

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Rules of Family Financial Mediation

Mediation is a fantastic alternative method of settling your case and often more satisfying than going to court.  It is likely that a few issues stand between settlement and more prolonged litigation. This is where mediation can really shine—it lets you laser focus on the few things you really care…

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When Can the Jury Consider Revenge Porn?

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: The Clarks were a married couple in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. Husband finally left the marital home…

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Alienation of Affection: Venue Matters

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately…

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The No-Contact Order and Harassment

North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they…

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Contempt: When a Verification Is All You Need

Scott v. Scott, 2021-NCCOA-636 (unpublished). In North Carolina, contempt is the avenue to enforce many domestic court orders, including those that were part of a separation agreement, but only if the agreement is later incorporated into a court order/judgment. That is the situation in the case below, where the father…

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