ClientVille

Published on: November 23, 2020

Stock Options and Divorce

Stock options can be offered to employees as an incentive or reward for a job well done. They are typically offered up front as a future benefit after working at a company for a set amount of time and can be purchased at an option price that was previously set. Every company will have a different policy and set of requirements. Some require vesting. In North Carolina, in most circumstances, the court will consider a stock option as a form of deferred compensation. The label is important because it opens up the possibility of stock options to equitable distribution. If they are acquired or received during the course of marriage and before separation, they are very likely marital property, even if the option cannot be exercised until after a judgment of divorce. Likewise, they can be divisible if acquired as a result of employment during the marriage, but not received until after separation. Continue reading →

Published on: November 11, 2020

Third Party to Equitable Distribution

By Y. Michael Yin, JD

Crowell v. Crowell, 809 S.E.2d 325 (2018).

In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. Sometimes property can be mingled in with third parties, such as in cases where either a trust or a third-party business entity is involved. The case below discusses how a court may handle such an issue. Continue reading →

Published on: November 6, 2020

Domestic Violence, Child Custody, and Visitation

By S. Dean Michaux, JD

In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Continue reading →

Published on: November 2, 2020

Can Someone Be Jailed For Not Paying Child Support?

By Y. Michael Yin, JD

Toussaint v. King, COA19-851 (2020) (unpublished).

In North Carolina, a court has the ability to incarcerate a party for not following a court order. This procedure is called civil contempt. In order to send a party to jail for noncompliance, the court first must find specific facts. For one case of civil contempt for failure to make child support payments, the court did incarcerate the father. Continue reading →

Published on: October 28, 2020

Choose Expertly: Expert Witness Was No Expert

By Y. Michael Yin, JD

Stowe v. Stowe, ___ N.C. App. ___ (2020).

In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a business? Unlike other forms of property, businesses have reputations that are carefully cultivated, patrons, and other intangibles that make the business more valuable than what can be accounted for on paper. Courts call this factor Goodwill. An expert witness may testify as to how to arrive at a value for Goodwill. In the case below, we explore how one court handled expert witnesses for Goodwill for an insurance company. Continue reading →

Published on: October 26, 2020

Ex-Parte Domestic Violence Orders

By Y. Michael Yin, JD

As we proceed through the ongoing Coronavirus pandemic, domestic violence incidents have increased in North Carolina. Isolation and lockdown likely have exacerbated conditions that may have already been present in a rocky relationship. Financial woes and job losses have only added to the stress. Domestic violence and violence against intimate partners have been on the rise. Here, we will briefly discuss how the Court can grant emergency relief for the victims of domestic violence. Continue reading →

Published on: October 23, 2020

Family Service of the Piedmont

By Woodruff Family Law Group

The Greensboro and High Point area is fortunate to be served by Family Service of the Piedmont, a local non-profit agency providing families and individuals affordable services in dealing with domestic violence, mental health, child abuse, and financial stability issues. Continue reading →

Published on: October 21, 2020

Coronavirus and Domestic Violence: Signs and Solutions

By Y. Michael Yin, JD

The ongoing coronavirus pandemic can add another disturbing statistic: domestic violence incidents have increased in North Carolina. Isolation and lockdowns likely have exacerbated conditions that may have been already present in a rocky relationship. Financial woes and job loss have only increased the stress. For some, these circumstances amounted to the proverbial straw that breaks the camel’s back. Continue reading →

Published on: October 19, 2020

Intimate Partner Violence

By Woodruff Family Law Group

One form of domestic violence occurring between current or former dating partners or spouses is intimate partner violence. Intimate partner violence (IPV), according to the CDC, affects one out of every four women and one out of every seven men. IPV includes psychological or emotional abuse, sexual abuse, physical abuse, or stalking. Many victims of IPV experience sexual and/or physical violence or stalking before age 18. Continue reading →

Published on: October 16, 2020

An Overview: National Domestic Violence Hotline

By Woodruff Family Law Group

October is National Domestic Violence Awareness Month. Although many find comfort and sanctuary within their own home, others do not because of physical violence by a partner. By U.S. Department of Justice estimates, approximately 1.3 million women and 835,000 men endure physical violence by the action of a partner every year. The National Domestic Violence Hotline is an outstanding resource for individuals to call for help and guidance if they are experiencing domestic abuse. Continue reading →