Brady v. Brady, 2022 NCCOA 200 (N.C. Ct. App. 2022) Brady v. Brady came before the NC Court of Appeals on Defendant Husband’s appeal. ISSUE: What findings of facts are required to support awards of alimony, a distributive award, and the unequal distribution of assets. FACTS: Mr. and Ms. Brady…
Aviles v. Vulovic, E076743 (filed June 9, 2022). Facts: Plaintiff Husband married Defendant Wife in 2011. However, Wife’s previous divorce had not yet finalized. Wife’s first marriage ended in a separation, and in 2006 Wife filed a petition for divorce. Wife believed that a divorce would just materialize automatically six…
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress.…
Davidson v. Davidson, 2022-NCCOA-267 (unpublished) In North Carolina, alimony orders are modifiable upon showing the court that there has been a substantial change in circumstances for either party. In doing so, the trial court ought to revisit many of the factors that justified the original alimony order. The main…
Worst Roommate Ever is a true-crime documentary recently released on Netflix. There are five episodes in Season 1 highlighting four different scenarios where cohabitation situations went south. The second episode titled “Be Careful of the Quiet Ones” focuses on Maribel Ramos, a 36-year-old Iraq War veteran and Kwang Chol “KC”…
Wayne Hopper, Legal Assistant Sorey v. Sorey, 757 S.E.2d 518 (2014) Divorce is not something anyone expects when they get married. The end of a marriage can be more difficult when one spouse has engaged in behavior that violates the fundamental tenets of marriage. Such behavior is considered marital misconduct…
Wayne Hopper, Legal Assistant Williams v. Williams, 261 S.E.2d 849 (1980) Alimony (also called spousal support in North Carolina) is a form of financial support awarded during a divorce proceeding and serves as a means to assist a dependent spouse post marriage. A “dependent spouse” is a person substantially reliant…
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…
Congress recently repealed I.R.C. §§ 71 and 215, which eliminated federal tax deductions for alimony. They have additionally repealed I.R.C. § 61(a)(8), which designated that alimony was taxable income. However, divorce and separation agreements that were executed after December 31, 2018 are the only ones this new law applies to.…
Patterson v. Chrysler Group Addendum Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the…