Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state[1]. Marriages can be dissolved by either spouse as long as they have been separated for at…
North Carolina is one of only a few states that allow a spouse to sue the person their husband or wife had an affair with, but this leaves many people asking what options there are for holding the cheating spouse accountable. If your spouse committed adultery and their actions caused…
Equitable distribution of marital assets and debts is important to ensure that both spouses have their fair share of the property acquired during the marriage. It is rare that divorcing couples can approach property division conversations reasonably or impartially, which is why courts step in as objective third parties and…
Divorce and child custody proceedings are often adversarial and challenging processes. With cases that involve high stakes and emotions, courts may decide to appoint a parenting coordinator. What is a Parenting Coordinator? A parenting coordinator is an impartial third party who helps in high-conflict cases[1]. The coordinator has the authority…
Kelly Clarkson is an American singer, songwriter, and talk show host who has been in the music industry for over two decades. Her powerful voice and relatable lyrics have won the hearts of millions of fans around the world. Recently, she released a new song called “Me,” which addresses her…
READ V. READ, 2023-NCCOA-______ (2023) Imagine that you and your wife separate from each other. It is now 15 years later. While you have both moved forward in life, neither of you filed for divorce. You are still married. One day you get a notice in the mail. There was…
WELCH V. WELCH, 2023-NCCOA-______ (2023) Facts: Plaintiff and Defendant married in 1981. In 2007, the parties initiated divorce proceedings, including filing for equitable distribution (ED). In 2008, the parties entered into a consent judgment wherein marital property was distributed. One such item was an IRA at Charles Schwab. Pursuant to…
FOSTER V. FOSTER, 2023-NCCOA-______ (2023) Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a…
When it comes to the division of marital property, one question we are commonly asked is what happens if the value of an asset, such as a home, increases during the pendency of the case? In North Carolina, there is a specific provision of the law addressing this exact scenario:…
TLC’s 90 Day Fiancé television show has been an unexpected reality TV hit – so much so that there are now countless spin-offs involving the hijinks of favorite cast members. The culture shock is very engaging, and reality TV is all about entertainment, but there is a kernel of legal…