North Carolina Divorce Lawyers Blog

Articles Posted in ClientVille

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Wayne Hopper, Legal Assistant

STEWART v. STEWART, 141 NC App. 236

Dividing assets collected throughout a marriage is an unfortunate but necessary undertaking with divorce. This process can cause conflict, especially when the asset was brought into the marriage by one party. In North Carolina, a business stake or an interest in a professional practice can be considered a marital asset subject to Equitable Distribution. While a premarital agreement is worth considering for a party bringing assets into a marriage, the language contained therein is just as important. Your spouse may challenge a premarital agreement without clear and suitable terms. Let’s look at one such case.    Continue reading →

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Wayne Hopper, Legal Assistant

Graham v. Jones

Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be best to seek custody or visitation? What are the potential benefits and drawbacks of each? Which is likely to be more successful? North Carolina case law can answer those questions. Decisions made by N.C. courts establish legal precedents which help guide courts in making decisions on similar issues today. For grandparents seeking custody or visitation due to the death of their own child (a biological parent of the child in question) and parental fitness of the surviving parent, the case of Graham v. Jones may provide some guidance. Continue reading →

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Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished).

  • Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their order, reverting back to the April 28 Order. In October of 2020, Father filed to modify the custody. Linda Key was called on to testify that, for the past three years, she was the caretaker for the minor child. Ms. Key is not a party to this case and has not entered into the case in any form. Trial court granted custody of the minor child to Ms. Key and found that both parents had acted contrary to their protected status as parents. Father appealed.

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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 on their spouse for financial support or maintenance. Under North Carolina law, either spouse can receive alimony so long as they meet one of two criteria: (1) the spouse cannot meet their own reasonable financial needs without the other spouse’s income or assets, or (2) the spouse cannot maintain the standard of living they have enjoyed during the marriage absent the other spouse’s income or assets. Continue reading →

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Kim Kardashian and Kanye West’s custody battle involving their four children has begun to heat up.  When Kim first filed for divorce early last year, both Kim and Kanye agreed that they should share joint custody of their four children.  Now, it appears the couple is a long way from agreeable terms.

 

It is not the first time Kanye West has taken to social media to air his grievances.  The artist often uses platforms such as Twitter and Instagram in a personal diary manner, posting entries for his millions of followers to read.  Kanye, who recently legally changed his name to Ye, shared a string of since-deleted images and messages about his fears for the safety of his daughter, North West, and allegations against Kim.  A few of the deleted messages are outlined below.

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As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children.  Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought a judge to rule on the disagreement.  The parents, who are not identified in the court ruling, separated in 2019 and share custody of their three children. Continue reading →

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It is finally happening. We’ve written previously on how smart contracts, blockchains, and NFTs may culminate into a new-age method of property ownership. It is now time to put the theory to the test. A virtual currency/smart contract/blockchain/NFT startup is planning on being the first to use these new virtual blockchain technologies to sell a piece of real property. Kind of. Continue reading →

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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 the Claremont Road property.  Sam made all of the mortgage payments during the marriage.  These payments amounted to $9,900.  Sarah appeals from the equitable distribution judgment entered pursuant to N.C. Gen. Stat. § 50-20. Continue reading →

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On May 23, 2021, a cable car cabin crashed in Stresa, near Lake Maggiore, Italy.  Eitan Biran, his parents, younger brother, and 11 other people were in the cabin when it plunged to the ground.  Biran was the sole survivor.  The child was born in Israel but moved to Italy with his family when he was just one month old.  Biran had been living in Italy ever since.  After the crash, Biran lived with his aunt in Italy.  While visiting Biran in Italy, Biran’s maternal grandfather drove him to Switzerland without his aunt’s consent and chartered a private jet to take the two back to Israel.  A cross-border custody battle ensued. Continue reading →

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Custody battles sometimes can be bitter affairs between the parents.  In China, it is no different.  Unlike many court orders for child custody in North Carolina, courts in China rarely grant joint physical custody of children to divorcing parties, causing disputes over minor children to be extremely hostile.  The best interest of the child is one of the guiding principles for a judge in North Carolina when deciding how to structure a custodial schedule.  However, in China, judges are of the mindset that keeping children in their existing environment is what is best for their wellbeing. Continue reading →