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Articles Posted in separation

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Olivia Wilde and Jason Sudeikis: Drama at CinemaCon Las Vegas

During a stage presentation at CinemaCon in Las Vegas last week, Olivia Wilde was handed a yellow envelope marked “Personal and Confidential.”  Wilde was discussing her upcoming film Don’t Worry Darling when the ordeal transpired, confusing both Wilde and the audience.  Out of curiosity, she opened the envelope to see…

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Alienation of Affection, an Expensive Proposition

Wayne Hopper, Legal Assistant King v. Huizar (In re Huizar), 609 BR 482 Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially…

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Separation Agreements as Contracts

Wooten v. Wooten, III, 2022-NCCOA-121, (unpublished). Here in North Carolina, separation agreements are treated the same as contracts. This means the parties can be more flexible with their terms and agreements, not necessarily confined to the stricter terms that a court order would typically proscribe. One such provision is the…

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Millennials and Prenuptial Agreements

It is no secret that millennials often get a bad rap.  As one of the largest generations in history, their influence in the world is far-reaching. Growing up in rapidly changing times has meant that millennials have redefined many aspects of life, with priorities and expectations drastically different from previous…

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Equitable Distribution and Improvements to Land You Do Not Own

Recently, I have been giving thought to how increases in separate property values through the active work of a spouse is considered during equitable distribution. As a refresh, the goal of a trial court in divorce is to classify all property owned on the date of separation, value it, and…

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Divorce – Dealing With Big Change

“Nothing is so painful to the human mind as a great and sudden change.” – Mary Shelley. Change can be positive or negative. Everyone will experience it, and everyone grows from it. Divorce and separation are very big changes. For some, it is an upheaval of life itself, and of…

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Separation and Medical Bills

Are you recently separated or divorced and have started receiving bills for unpaid medical expenses of your former spouse?  Are these bills for medical treatment your former spouse received after you separated? The Doctrine of Necessaries, which creates a legal duty for the husband to provide for the expenses of…

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Child Support in High Income Families and Accustomed Standard of Living

Bishop v. Bishop, ____ N.C. App. _____ (Dec. 2020)   Child support in North Carolina is typically determined by a formula set out by the legislature and applied in child support guidelines and their worksheets. However, it was known for some income levels that the formula no longer becomes equitable.…

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Separation, COVID-19, and Withdrawing Money from Your Retirement Plan

People all over the United States are suffering from the long-term effects of the COVID-19 pandemic – emotionally, physically, and especially financially. The CARES Act § 2202 has authorized special distribution options for retirement plans and has expanded loans from certain retirement plans. Under the CARES Act, the IRS will…

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Separation, Divorce, and Dating

A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there…

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