A lawsuit is initiated the day it is filed with the court. But the rules of law usually require that before your requested relief can be granted the other side gets their day in court. This is the fundamental basis of our legal system. It is one predicated not only…
Recently, I have been giving thought to how increases in separate property values through the active work of a spouse is considered during equitable distribution. As a refresh, the goal of a trial court in divorce is to classify all property owned on the date of separation, value it, and…
Dechkovskaia v. Dechkovskaia, 232 N.C. App. 350 (2014) Equitable Distribution is a mechanism by which former spouses separate their personal and real property. Sometimes the spouses may have some marital (or divisible) interest in a third party’s property. One example is when a couple resides at one spouse’s parent’s residence,…
“Nothing is so painful to the human mind as a great and sudden change.” – Mary Shelley. Change can be positive or negative. Everyone will experience it, and everyone grows from it. Divorce and separation are very big changes. For some, it is an upheaval of life itself, and of…
Brackney v. Brackney, 682 S.E.2d 401 (N.C. App. 2009). Facts: Plaintiff and Defendant had a child with severe neurological needs. To accommodate the child’s needs, they chose to build a single-level home that was accessible. The child unfortunately passed. The parties then separated a year later. The home’s construction was…
Are you recently separated or divorced and have started receiving bills for unpaid medical expenses of your former spouse? Are these bills for medical treatment your former spouse received after you separated? The Doctrine of Necessaries, which creates a legal duty for the husband to provide for the expenses of…
In recent celebrity news, Kim Kardashian and Kanye West have decided to get divorced. Undoubtedly, the couple signed a prenuptial agreement that handles much of the property division claims. But one aspect that is interesting about their eventual property settlement, is the issue of royalties. It is likely that the…
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…
Gribble v. Medcat Enters., (No. COA19-1092) (unpublished) In North Carolina, some issues can be settled with a pre- or post-marital agreement.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…
Dogs are a large part of many families. But what happens with the family pet when you are separating or seeking a divorce? Although many consider pets family, North Carolina considers pets as property. Like all other property, they could be subject to equitable distribution. North Carolina is an equitable…