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North Carolina Divorce Lawyers Blog

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If you coerce your spouse into filing a joint tax return, don’t expect to be granted innocent spouse relief

Hiramanek v. Comm’r, T.C. Memo. 2016-92, 2016 WL 2763870 (2016) Facts: The husband prepared a joint tax return for tax year 2006 and asked the wife to sign it. She refused to sign without reading it, and he permitted her to take a quick glance at the return. She noticed that…

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Behind the Bar: Rule 7: Pleadings and Motions, Navigating Your Case

“Behind the Bar” is a multi-part blog series that will focus on specific aspects of the practice of law ranging from the Rules of Evidence, Rules of Civil Procedure, and other important legal practice technicalities in an effort to provide readers a better understanding of regularly overlooked and misunderstood concepts…

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Cohabitation and Alimony: What is Cohabitation? (Part 1 of 2)

If you are going through a separation and divorce in North Carolina, one topic that always arises is the dreaded “A” word: Alimony. No one wants to be responsible for supporting their soon to be ex-spouse, and if they are going to be responsible for that support, they want to…

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Yes, the Government CAN Ignore Your Order

State Farm Life & Assurance Co. v. Goecks, F. Supp. 3d       , 2016 WL 1715205 (W.D. Wis. 2016) Facts: A Wisconsin divorce decree provided: The respondent [Gary] shall be required to maintain the petitioner [Sharon] as the primary, irrevocable beneficiary on one third of the face value of all his…

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What’s Mine and Yours is Not for the World

In 2017, communities exist both in the physical and virtual world. Whether you call a metropolis like Greensboro, or a small town such as Asheboro, home, there exist reasonable limits to the extent you will interact with certain individuals, the peer groups you will associate with, and how information will…

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Behind the Bar: “Getting What You Want” – Rule 37. Failure to Make Disclosures or Cooperate in Discovery

“Behind the Bar” is a multi-part blog series that will focus on specific aspects of the practice of law ranging from the Rules of Evidence, Rules of Civil Procedure, and other important legal practice technicalities in an effort to provide readers a better understanding of regularly overlooked and misunderstood concepts…

Updated:

Rules 4 and 5 of NC Civil Procedure – Spotting the Differences

Whether you are a North Carolina law student, newly admitted to the practice of law, or a layperson involved in a civil lawsuit, you will hear quite a bit about service, service of process and certificates of service. In previous blogs, we have reviewed the basics of Rules 4 and…

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