Davidson v. Davidson, 2022-NCCOA-267 (unpublished)
In North Carolina, alimony orders are modifiable upon showing the court that there has been a substantial change in circumstances for either party. In doing so, the trial court ought to revisit many of the factors that justified the original alimony order. The main requirement is that the modification order must relate to the financial needs of the dependent spouse and/or the ability to pay of the supporting spouse. Continue reading →
Maiwald v. Maiwald, 2022-NCCOA-321 (unpublished) (2022)
In North Carolina, Equitable Distribution (ED) cases will classify, value, and distribute marital assets in a fair way. One major component is classification, as separate property (typically property not acquired during the marriage) is not distributed. If a party owns a business, however, even if the business was started before the marriage, it may have a significant marital component. If the business is marital, how do you value it? Value matters a lot. In distribution, the court will presume a 50/50 split and will also try not to split a business. (The record of ex-spouses working well together is not good.) So a bad valuation could result in a lopsided division. Courts will sometimes require the use of a certified business appraiser or business valuation expert. Continue reading →
During a stage presentation at CinemaCon in Las Vegas last week, Olivia Wilde was handed a yellow envelope marked “Personal and Confidential.” Wilde was discussing her upcoming film Don’t Worry Darling when the ordeal transpired, confusing both Wilde and the audience. Out of curiosity, she opened the envelope to see what was inside. After noting the contents, Wilde continued with her presentation. Later, sources confirmed that the envelope contained legal papers pertaining to her children with ex-fiancé Jason Sudeikis.
Laurel Harmon, Legal Assistant
May is National Mental Health Awareness Month. Mental health problems affect not just those with diagnosed mental illnesses. One in five adults will experience a mental health problem every year and one in twenty-five adults will experience a serious mental illness. When you are going through a difficult time, such as divorce and custody, your mental health can take a toll. Feelings of depression, anxiety, and anger are common during this time. Continue reading →
May 2nd through the 6th, 2022 is Teacher Appreciation Week in the United States. Join us in celebrating and honoring the tireless work that teachers do to nurture and educate the next generation!
In the previous blog, we covered appraisal as a method of valuation of property in the context of Equitable Distribution in a separation. Equitable Distribution (ED) in North Carolina is a legal process by which the court divides the marital property between the parties. The three steps in an ED determination are classification, valuation, and distribution, and today we continue with a look at valuation.
Equitable Distribution in North Carolina is a legal process by which the court divides the marital property between the parties. It involves three steps: 1) classifying the property as marital or separate (or some mix); 2) assigning value to the property; and 3) distributing the property in an equitable manner between the parties. We have written a lot with emphasis on the first step of the analysis, classification. This makes sense in that the court will only distribute marital assets and not touch the separate. So today we will talk about the second step, valuation.
Claire Talbert, Legal Assistant
Spring has sprung! While a lot of us in the United States are currently suffering from those pesky seasonal allergies, feeling the warm sun on our face and seeing blooming flowers on our morning commute revitalizes our spirit after a brisk winter. May Day is a holiday recognized on May 1st by countless cultures around the world. May Day signifies the beginning of new life and the return of warm weather! Continue reading →
Joseph Maldonado-Passage, aka Joe Exotic and the star of the Netflix hit Tiger King, is set to marry a former fellow inmate, John Graham, pending his divorce from current husband, Dillon Passage. Joe was convicted of a failed murder-for-hire plot that targeted his archenemy, Carole Baskin. Baskin was also featured in the Netflix hit Tiger King. Joe was also convicted of violating wildlife laws in the operation of his zoo, the Greater Wynnewood Exotic Animal Park, located in Oklahoma. Joe was originally sentenced to 22 years in prison. In January 2022, a judge reduced his sentence by one year to 21 years.
Foxx v. Foxx, 2022-NCCOA-223 (5 April 2022) (unpublished).
Some statutes and case laws in North Carolina have a time component. In modifications of child support and custody, the trial court is sometimes required to make comparisons between the old facts and circumstances with the current ones in order to find whether there has been a substantial change in circumstances. Sometimes the old facts and circumstances just don’t exist because the prior order was a consent order. In these cases, trial courts ought to make findings about the facts in play at the time of the prior order, so as to make acceptable comparisons. In equitable distribution, one such statute asks the court to compare the income and estates of the parties at the time of the division of property. Again, it asks for a comparison at a specific point in time. Below is a case where the trial court did not make such comparison. Continue reading →
North Carolina Divorce Lawyers Blog