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Articles Posted in family law

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If You Want Equitable Distribution, Then Separate First

Best v. Staton, (unpublished). Equitable Distribution is one of the mechanisms by which former spouses separate their personal and real property. It requires the right timing and, since not all property can be easily split, the right kind of appraisal. Real property is especially valuable, and sometimes difficult to assess.…

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When Parental Rights Conflict with Special Needs, the Courts Step In

In re NNB, COA 19-261 (Unpublished opinion) The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a…

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We Mean Business: Valuation of Businesses for Equitable Distribution

Logue v. Logue, No. COA19-831 (unpublished opinion) One of the most important issues dealt with by experienced family law and divorce attorneys across the country, and especially in the Piedmont Triad, is the division of property (also known as equitable distribution). When there are shared business interests, the valuation of…

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Unpredictable Bonuses and Alimony

Finn v. Finn, COA 19-520 (Unpublished opinion) Alimony can be a complex element in divorce. How much is fair and reasonable, how it is categorized for tax purposes, or even whether it is owed at all are matters often left to the discretion of judges. Here in the Piedmont area…

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Subject Matter Jurisdiction Still Matters

Hamdan v. Freitekh, ______ N.C. App. _______ (2020) (COA19-929). Here in North Carolina, and across the nation, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) sets the jurisdictional rules for how and where custody orders are enforced. The cardinal rule in custody cases has always been, and continues to be,…

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Beauty and the Bread Winner: Innocent Spouse Relief

Schorse v. Comm’r, T.C. Memo. 2018176, 2018 WL 5270556 (2018) (a) Facts: Husband was a computer programmer and wife was a physician. During the marriage, the wife earned 80% to 90% of the parties’ income. For tax years 2002, 2003, and 2004, the wife provided her tax information to the…

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Reducing Stress and Anxiety During the COVID Lockdown

The Centers for Disease Control and Prevention (CDC) has stated that fear and anxiety related to the COVID-19 outbreak can be overwhelming and can cause increased emotional issues in both adults and children. People that may experience greater levels of stress include those who are at higher risk due to…

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Baker Stops the Show: Estoppel and Separation Agreements

In our practice in Greensboro, North Carolina, it is not uncommon for the parties in a divorce to agree verbally to a change in child support payments. Read on to see how such an apparent show of comity may not hold up in the eyes of the court. Baker v.…

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Domestic Violence and Criminal Action

By Carolyn Woodruff, JD, CPA, CVA, North Carolina Family Law Specialist

Often questions arise when domestic violence involves an assault in North Carolina. I write for the Rhino Times and have for several years. My column is Ask Carolyn. Here is a question and answer on the domestic violence topic in August 2019. Whether it is Greensboro, Asheboro, or any other…

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