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Articles Posted in Divorce

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Equitable Distribution: When is Equal not Equitable?

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…

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Streamlined Divorce: Towards Simplicity and Speed

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…

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When Love Goes Wrong: Alienation of Affection and Criminal Conversation

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…

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Complexities of Equitable Distribution in North Carolina Divorce

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…

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A Forgotten QDRO – Can One Still Be Obtained?

MCMURRAY V. MCMURRAY, 2023-NCCOA-______ (2023) (unpublished) As a new generation of divorcees begin to reach retirement age since the enactment of ERISA in 1974, we will begin to see cases were a party needs a Qualified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…

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The Intricacies of Love and Law in North Carolina: Navigating Alienation of Affection and Criminal Conversation Through Hull v. Brown

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…

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How to Download iPhone Text Messages

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. Back Up the iPhone (Not necessary but usually recommended) You can…

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Accessing Public Records for a Family Law Case

911 records can be valuable exhibits for the court in your case, whether that is custody, domestic violence, or anything else related. Here are ways to obtain a redacted form of the records on your own: To request 911 records in Greensboro, North Carolina, you’ll need to provide specific information…

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Evidence Eventually Must Support the Conclusions of Law

ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished). Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to…

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Private Investigators and Divorce

In North Carolina, a private investigator (PI) can play a role in divorce cases by conducting various tasks to gather evidence and information related to the proceedings. However, the specifics of a PI’s role might vary depending on the circumstances of each case. Please consult with your attorney if you…

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