North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

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Dycus v. Dycus, ____ N.W.2d ____ (October 2020).

Once upon a time in North Carolina, the concept of a no-fault divorce was unheard of. In fact, some of this state’s earliest granted divorces stem not from the courts, but rather the legislature. In those days past, a spouse would have to apply for a divorce before the General Assembly, and then take up valuable legislative time by having the legislature investigate the grounds for a divorce. These days, divorces are much easier to come by, requiring only a resident spouse to show a one-year separation. Surprisingly, from time to time a spouse does not seem to “let it go” and some states have had to adjudicate appeals from divorces based on constitutional grounds. Below, we discuss a peculiar appeal on those grounds from Nebraska stemming from a no-fault divorce. Continue reading →

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In North Carolina, there are various methods for an alimony order to terminate. One such way is by cohabitation by the dependent spouse (the spouse receiving alimony). But what exactly is cohabitation, and how does it impact an alimony order? Continue reading →

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No. COA19-493 (unpublished)

Plaintiff-Father Alex Harter and Defendant-Mother Hayley Eggleston were never married but are the parents of one child, born in 2010. Father and Mother lived together from December 2009 until separating in September 2012. Since separating in September 2012, disagreements regarding the minor child’s custody have resulted in contentious litigation. Plaintiff-Father initiated action in Moore County, North Carolina. After the court entered a consent order on January 31, 2013, Defendant-Mother and the minor child moved to Ohio. On November 5, 2018, Mother filed a verified “Motion to Remove” the case to the State of Ohio because North Carolina was an inconvenient forum. Plaintiff-Father appealed from the trial court’s decision that North Carolina was an inconvenient forum and that Ohio was a more convenient forum. Continue reading →

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Divorce is no stranger among the stars and starlets in Hollywood. Lately, it appears that celebrity couples are finding difficulty navigating the unknowns brought about by COVID-19. Divorce rates in the U.S. have spiked during the coronavirus pandemic as couples find themselves together at home around the clock with nowhere to go. The added stress of unemployment, illness, and homeschooling of children has created a significant strain on relationships—especially those that are frequently under the microscope of public scrutiny. Continue reading →

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Rolls v. Rolls, 706 S.E.2d 842 (2010) (unpublished)

In North Carolina, Equitable Distribution can be settled without ever needing to step into the courthouse. Separation Agreements and Property Settlements are common ways to resolve the issues incident to a divorce. They are the will of the parties in a separation, distilled onto paper. They are contracts, and there are very precise rules for formation and enforcement of contracts. As we see below, a separation agreement may have been faulty, but it was the actions of a party that doomed his own arguments.

(a) Facts: Plaintiff wife and Defendant husband married in 1980 and separated in 2007. The parties filed a separation agreement in 2007, where they waived equitable distribution and acknowledged that both parties made full disclosure of all assets and debts. However, during the absolute divorce portion of their case, Defendant pled that there was in fact not a full disclosure of facts, and he requested equitable distribution in a counterclaim. In 2009, the trial court entered a Domestic Relations Order whereby half of Plaintiff’s IRA would be transferred to Defendant in accordance with the 2007 separation agreement. Plaintiff then filed a motion for summary judgment to dismiss the counterclaim, which was granted. Defendant appealed.

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We all know Cam Newton, the football quarterback who used to play for the Carolina Panthers but recently signed on with the New England Patriots.  Back in 2011, the football legend was drafted as the first overall pick by the Carolina Panthers.  He played countless games right here in our home state at Bank of America Stadium. He broke countless NFL records for passing and rushing yards by a rookie quarterback in his rookie year.  More recently, Newton has made the news for a reason other than football.  Newton is currently involved in a child support battle with his ex, Kia Proctor. Continue reading →

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You’ve decided to seek a divorce and perhaps to seek child support for your children, or you’re looking at equitable distribution of your marital assets. You’ve researched, met with, and retained your attorney. Now the attorney or a member of the attorney’s staff is calling or sending emails asking questions and seeking what seems like an endless list of documents. You hired this attorney to represent you; why are they putting so much work on you and asking for all this information? Continue reading →

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In the past, married couples had to show that their spouse committed marital misconduct to get a divorce. In a no-fault state like North Carolina, neither party must show any reason for the request for divorce nor show that the other spouse was at fault.

N.C General Statute § 50-6 states that a marriage may be terminated upon application by either party after the parties have lived separate and apart for one year, and either party has been a
North Carolina resident for at least six months preceding the action for divorce. Continue reading →

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Potential clients often seek an attorney’s help for what they call a “simple divorce.” The circumstances may seem simple because the only claim the potential client wishes to make is one for absolute divorce, thereby choosing to forgo claims for equitable distribution, post-separation support, and alimony. Sounds simple enough, right? Think again. The grounds for divorce under North Carolina statutes are: (1) that the parties must have lived separately and apart for one year with no intention of resuming the marital relationship; and (2) that one party or the other has resided in North Carolina for six months prior to the filing of the action. While these two grounds are not difficult to meet, a lot can happen in the year the parties are living separately and apart and, as a result, the entire trajectory of the action can change. Continue reading →

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Attorneys in the Piedmont Triad are seeing an increase in calls about separation and divorce. This increase may be a result of families forced to spend more time together or of instability due to one spouse or the other losing their employment from the COVID lockdowns. Continue reading →

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