North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

Published on:

By

The divorce saga of Kevin Costner and Christine Baumgartner continues. As we already know, Baumgartner filed for divorce and a battle between the Hollywood duo ensued.

After many rounds of back-and-forth arguments over the couple’s $145 million California estate, it now appears Costner’s legal team has lodged new arguments regarding Baumgartner’s failure to admit or deny requests for admissions (RFAs) and to answer interrogatories. Costner’s team issued discovery for Baumgartner’s response a few months back. Costner sought to have Baumgartner respond to questions regarding their premarital agreement and her contentions as to the validity of the premarital agreement.

Continue reading →

Published on:

By

Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be.  Continue reading →

Published on:

By

Approximately two months ago, Kevin Costner’s soon-to-be-ex-wife, Christine Baumgartner, filed for divorce. It appears the fight between the two is just getting started. Costner has received numerous accolades throughout his acting and producing career and is most recently known for his role as John Dutton on Yellowstone. Baumgartner is a handbag designer. The couple have three children together aged 12, 14, and 15. Continue reading →

Published on:

By

In North Carolina, parties to a case may be able to file an appeal if they believe the trial court made a mistake of law or legal procedure.[1] Appeals courts analyze decisions by the trial courts to determine if the law was applied appropriately and to ensure there were no conduct errors. There are a few potential rulings that the appeals court can make. Continue reading →

Published on:

By

As technology advances, so do the challenges surrounding digital privacy and security. In family law cases, the use of smartphones has become central to gathering evidence and establishing facts. However, the emergence of spyware, trackers, and new devices like AirTags has raised concerns about the potential invasion of privacy. This article aims to shed light on the most common spyware, trackers, and AirTags found on smartphones, emphasizing their implications in family law cases. Continue reading →

Published on:

By

In today’s digital age, smartphones have become an integral part of our lives. They store a wealth of information that can be vital in legal proceedings such as family law cases. By harnessing the power of forensic analysis, hidden data on smartphones can be uncovered, shedding light on crucial evidence that can significantly impact the outcome of a case.

Smartphones have evolved into mobile, personal vaults, harboring an array of information like call logs, text messages, emails, social media activity, browsing history, and even location data. When it comes to family law cases, this digital footprint can be an invaluable asset, revealing critical evidence related to child custody, communication patterns, financial transactions, or illicit behavior. Continue reading →

Published on:

By

The digital age has greatly increased the amount of information we generate and store. Metadata is a set of data that describes and gives information about other data. Metadata holds immense potential in various fields, including family law. Leveraging metadata in family law cases can provide crucial insights and evidence that may influence the outcome of legal proceedings.

Metadata refers to the underlying information about a file or document, such as the date and time it was created, modified, or accessed, as well as details regarding its author or location. In the context of family law cases, metadata can include the participants in electronic communications, times, dates, lengths, social media posts, GPS location data, and other digital footprints left behind by individuals involved in the case. Continue reading →

Published on:

By

Property division can be one of the most contentious parts of a divorce. Further complicating this process is the fact that courts must determine not just how marital property should be divided but even what qualifies as marital property. Equitable distribution is an option in North Carolina divorces, but the process for requesting it is not standardized throughout the state[1]. Some courts and localities have specific rules regarding filing for equitable distribution, so consulting with a Greensboro divorce lawyer will ensure the district requirements are met. Continue reading →

Published on:

By

In a significant move that has been years in the making, Florida Governor Ron DeSantis recently signed a measure that will bring about significant changes to the state’s alimony laws. The newly approved measure, known as SB 1416, eliminates permanent alimony and introduces a formula-based approach to determine alimony amounts based on the length of the marriage.

The elimination of permanent alimony has been a contentious issue that sparked emotional clashes and tearful testimonies from both sides. Proponents of the reform, such as the organization Florida Family Fairness, applaud the move, asserting that it provides a clearer framework and safeguards the right to retire for existing alimony payers. They argue that ending permanent alimony is a step forward for Florida families. Continue reading →

Published on:

By

Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state[1]. Marriages can be dissolved by either spouse as long as they have been separated for at least one year and one or both of them have lived in North Carolina for at least six months[2].

Finding Fault in North Carolina Divorces

North Carolina does recognize marital misconduct in alimony calculations[3]. Marital misconduct can include any of the following acts[4]:

Continue reading →