North Carolina Divorce Lawyers Blog

Articles Posted in Divorce

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North Carolina is one of only a few states that allow a spouse to sue the person their husband or wife had an affair with, but this leaves many people asking what options there are for holding the cheating spouse accountable. If your spouse committed adultery and their actions caused you to suffer significantly, you may be able to file a lawsuit against them for intentional infliction of emotional distress. Continue reading →

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Equitable distribution of marital assets and debts is important to ensure that both spouses have their fair share of the property acquired during the marriage. It is rare that divorcing couples can approach property division conversations reasonably or impartially, which is why courts step in as objective third parties and distribute the property equitably.

When there are few marital assets or division is expected to be simple, North Carolina has a worksheet that can be used to determine an equitable distribution of assets[1]. This worksheet does not preclude the need for a hearing, but it can make the process of property division simpler once the spouses go before a judge. Continue reading →

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Divorce and child custody proceedings are often adversarial and challenging processes. With cases that involve high stakes and emotions, courts may decide to appoint a parenting coordinator.

What is a Parenting Coordinator?

A parenting coordinator is an impartial third party who helps in high-conflict cases[1]. The coordinator has the authority to perform a number of tasks that involve compliance with court orders and dispute resolution. Some common potentially contentious areas that they may assist[2] with include: Continue reading →

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Kelly Clarkson is an American singer, songwriter, and talk show host who has been in the music industry for over two decades. Her powerful voice and relatable lyrics have won the hearts of millions of fans around the world. Recently, she released a new song called “Me,” which addresses her split from her ex-husband, Brandon Blackstock. 

Clarkson and Blackstock were married for seven years, and during that time they had two children together. However, in 2020, Clarkson filed for divorce, citing “irreconcilable differences.” The divorce has been a topic of discussion in the media, and Clarkson has been open about the challenges of going through a divorce.  Continue reading →

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READ V. READ, 2023-NCCOA-______ (2023) 

Imagine that you and your wife separate from each other. It is now 15 years later. While you have both moved forward in life, neither of you filed for divorce. You are still married. One day you get a notice in the mail. There was an outstanding loan that originated during the marriage, while you two were still together, that has not been paid and now the lenders are threatening some legal action. Is it too late to file for equitable distribution and have a court order that you both pay on the debt?  Continue reading →

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WELCH V. WELCH, 2023-NCCOA-______ (2023) 

  1. Facts: Plaintiff and Defendant married in 1981. In 2007, the parties initiated divorce proceedings, including filing for equitable distribution (ED). In 2008, the parties entered into a consent judgment wherein marital property was distributed. One such item was an IRA at Charles Schwab. Pursuant to the parties’ consent judgment, each party was supposed to receive half of this IRA. This never happened, and eleven years had passed by the time Defendant realized it. After exhausting remedies under contempt and the rules of civil procedure due to being time-barred by the statute of limitations, Defendant moved for the entry of a domestic relations order (DRO) under the ED statute. This too was denied by the trial court, citing the ten-year statute of limitations. Defendant appealed. 

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FOSTER V. FOSTER, 2023-NCCOA-______ (2023) 

  1. Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a slight unequal division in Defendant’s favor. One item that classified as Plaintiff’s separate property was an account with funds sourced from a settlement Plaintiff received pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), and some items of personal property purchased with those funds. Defendant appealed.  

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When it comes to the division of marital property, one question we are commonly asked is what happens if the value of an asset, such as a home, increases during the pendency of the case? In North Carolina, there is a specific provision of the law addressing this exact scenario: divisible property. 

Divisible property is a term within North Carolina’s equitable distribution laws that relate to the distribution of assets and liabilities in a separation and divorce.   Continue reading →

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TLC’s 90 Day Fiancé television show has been an unexpected reality TV hit – so much so that there are now countless spin-offs involving the hijinks of favorite cast members. The culture shock is very engaging, and reality TV is all about entertainment, but there is a kernel of legal truth to the show and that is the K1 Visa. It is an avenue for immigration to the US for fiancés of American citizens.

Once they arrive in America, the couple needs to legally marry within 90 days or risk removal procedures. The premise of the show is simple. Many things can go wrong in those 90 days, and it never fails that something does—it is almost always a train wreck waiting to happen, and viewers get front row seats to watch the carnage. Continue reading →

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Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup. Needless to say, Mr. Hakimi is quite successful on the football pitch (soccer field) and has been rewarded handsomely for his talent. His contract at Paris-Saint Germain is rumored to be in the range of a million dollars a month. He’s had some legal issues recently; specifically he is under investigation by French authorities for an alleged rape. And even more recently, likely due to the underlying allegations, his wife has filed for divorce.  Continue reading →