North Carolina Divorce Lawyers Blog

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Clark v. Clark and Barrett, 2021-NCCOA-653 (2021)

  • Facts: The Clarks were a married couple in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. Husband finally left the marital home after Wife threatened to call Barrett and ask about the affair. Husband’s intimate relationship with Barrett went as far as conceiving a child with Barrett via in vitro fertilization. Things became contentious. In March of 2018, Wife began to interact with Husband on a social network named Kik, wherein Husband was using an alias. Husband, using the alias, sent a message to Wife containing a topless photo of Wife, and saying that this photo was being circulated in internet chat rooms. In May, Wife discovered the same photo on a Facebook “weight loss” advertisement, but with the nipples censored. Wife sued Husband for violating the revenge porn statute, NCGS 14-190.5A. Husband was found to have violated the statute. He appealed.

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We’ve all experienced trying times during the pandemic. From school and business closures throwing a wrench in our daily plans to mask-wearing as the new normal, the pandemic has brought about many disputes and concerns, especially among divorced parents who share custody of their children. One Washington State father, Richard John Burke, is paying the price of his actions related to the pandemic after pleading guilty to three counts of first-degree custodial interference in late August.

Burke shares three sons aged 6, 7, and 10 with his ex-wife. On March 24, Burke was supposed to return his three sons to their mother pursuant to a court-ordered parenting plan.  Instead he communicated to his ex-wife that he would be keeping his three sons for an additional four days.  Then, on March 28, Burke failed again to return the children to their mother. On March 29, the children’s school called the mother to let her know Burke had contacted them to state the children would no longer be attending school and to unenroll them immediately.

Burke pushed conspiracy theories about masks and the COVID-19 vaccine. He believed that the children’s school’s masking policy was “an absolute crime,” and also stated that one of his sons “will never be vaccinated again.” Upon deciding that he needed to take extraordinary measures to “protect his boys,” Burke fled with the three children. A judge authorized a $500,000 warrant for Burke’s arrest, and he was eventually taken into custody in Santa Rosa, New Mexico.

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North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they must avoid specific locations (such as a the plaintiff’s home), and awards temporary custody of minor children to the nonoffending party. However, 50B actions are only applicable to parties that are in a personal relationship. That means spouses and former spouses, dating partners, current and former household members, parents, and a few more categories. The rule is that the parties share a personal history. Continue reading →

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Thanksgiving is always a time of year that I look forward to.  Every Thanksgiving my family reconvenes under the same roof to eat amazing food and swap stories.  It is a time when you are truly able to slow down and enjoy each other’s company as a prelude to the Christmas season. Continue reading →

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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. Below we look at some recent cases involving alimony deductions. Continue reading →

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In a previous post, we discussed the basics and legal implications of smart contracts built upon blockchain technologies. These smart contracts are one of the highly touted tools that are set to streamline business. The recent law that formed regulatory sandboxes to promote innovative fintech (financial technology) products portends this State’s promotion of such tools as smart contracts. It is an interesting time to be in the fintech space. Continue reading →

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For those readers that are tech savvy and keep up to date with financial developments, the buzzwords cryptocurrency, bitcoin, and blockchain should immediately ring a bell. Another development called smart contracts should also be on your radar. Essentially built upon blockchain and distributed ledger technologies, these smart contracts are one of the highly touted tools that are set to streamline transactions in a pseudo-contractual space. Continue reading →

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https://www.nysenate.gov/legislation/bills/2021/s4248

Child Custody in North Carolina is based on which parent can best provide for the interests of the child. It is an oft repeated principle that ultimately decides the issue. Children are important and the court is required to scrutinize the parents in order to make this determination. It is so important that, if a custody order leaves out the final determination that a certain custodial schedule would serve the best interests of the child, it is typically immediately reversable. All that said, should pets get the same treatment? Continue reading →

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JACOBS V. DUDLEY, 2021-NCCOA-571 (19 October 2021).

Child custody can be hotly contested. Often people will have third parties (i.e., not the parents or guardians of the child) involved in some custody disputes. These people include teachers, doctors, therapists, and extended family members. Such individuals are often asked to come to court to expound on the parenting abilities of the parties, the child’s performance in school, and perhaps even the psychological state of the child. Choosing a good witness to introduce facts to the case is important. Below, we see an instance where one bad witness backfired. Continue reading →

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The trial court awarded Plaintiff-Father Issac Munoz primary physical custody of the parties’ daughter.  Defendant-Mother Cassandra Munoz appealed.  The parties married in 2012 and the minor child was born in 2015.  Mother was, and still is, a member of the United States Army.  In 2016, the Mother was stationed at Fort Bragg near Fayetteville, North Carolina.  When the minor child was born, both Mother and Father worked, but they relied on extended family to care for the minor child as opposed to placing the minor child in daycare.  While living in Fayetteville in 2018, the parties separated.  At the time, Mother was anticipating deployment to Iraq. Continue reading →