While nothing in this article should be viewed to condone the horrific acts of Christopher Lee Neal, age 42, who shot at a social services worker after children were taken from his home, the event should be a wake up call for the Department of Social Services (DSS). Apparently this Reidsville man targeted at least two social services employees that had been working on his child custody case. He shot at one of the social workers through her car window in Burlington. According to news reports, she was not injured. He was later apprehended in Myrtle Beach. Continue reading →
Cheaters never prosper
Dear Carolyn,
My husband is having an affair with his secretary and I want to get that woman. I kicked him out of our home on New Year’s Day when he made an excuse that he had to go by the office for something (something? Right?), and my detective caught them red-handed. I hear about alienation of affection. Do I qualify? How much do you think I’ll get?
Cash Isn’t Always King
Walsh v. Dively, 551 B.R. 570 (W.D. Pa. 2016)
Facts: When husband and wife were divorced in Pennsylvania, they agreed that the wife would receive 50% of the husband’s retirement. The agreement was incorporated into the divorce decree, but no DRO was entered. Continue reading →
Permanent vs. Temporary Custody Orders on Appellate Review (King v. Giannini-King)
King v. Giannini-King, 784 S.E.2d 237 (N.C. Ct. App. 2016).
Facts: In October 2001, Plaintiff (father) and Defendant (mother) were married and then separated, about seven years later, in early June 2008. Two minor children were born to the parties’ marriage. After the separation, Defendant relocated with the minor children. Subsequently, to Defendant’s relocation, Plaintiff brought an action for divorce from bed and board, child custody, and equitable distribution. Defendant filed a motion to dismiss, a motion to strike, in addition to a counterclaim for custody, child support, alimony, etc. Continue reading →
No Second Guessing the Evidentiary Supported Value of Marital Property (Chafin v. Chafin)
Sade Knox, InternChafin v. Chafin, 791 S.E.2d 693 (N.C. Ct. App. 2016)
Facts: In late 1988, Plaintiff and Defendant entered into a marriage that lasted about twenty years before the parties separated in June of 2008. During the years of the marriage, Defendant was an owner of a close to non-profiting auto-sales company in North Carolina. Continue reading →
Separations and Void Modifications (Kelley v. Kelley)
Sade Knox, InternKelley v. Kelley, T.C. Memo. 2017-798, 2017 WL 1251018
Facts: Husband and wife were married in 1982. They later entered into a Separation and Property Settlement Agreement upon their separation in 1994 (the “1994 agreement”). The two later divorced in 1999. The 1994 agreement resolved several issues between the two such as child support, alimony, and equitable distribution, but most importantly, the agreement contained a “Modification and Waiver” clause. In 2003, approximately nine years after the parties separated and four years after their divorce, the parties allegedly signed a document titled, “Amendment to Settlement Agreement.” Continue reading →
He Said, She Said……but she lied!
Dear Carolyn,
My soon to be ex-wife lied under oath in Guilford County Court for personal gain (money). She over-stated expenses and I am paying P.S.S. Can I charge her with perjury and sue her?
Thanks!
~ P.J. Continue reading →
Best interest of the Children?
Dear Carolyn,
Triad parent here, contemplating divorce, but I feel compelled to stay together for the children. The children are ages ten and twelve. However, the marriage is quite bad; we argue all the time. We never do anything together, and sex—forget that. I work, and my wife does not work. Can you give me any insight into considerations for whether I should stay in the marriage for the children, or at least until they are in college? I want to do what is best for the children. I am miserable.
~ Miserable Continue reading →
Cohabitation and Alimony: How do I prove Cohabitation? (Part 2 of 2)
In Part 1, we discussed that proving cohabitation in North Carolina is not an easy task. There have been multiple North Carolina Court of Appeals cases where the dependent spouse and new flame had been dating for years, were blending finances, were vacationing together, and living together as much as five days a week; yet the Court found there was no cohabitation. The most important thing to keep in mind when trying to prove cohabitation to the court is your evidence. Continue reading →
World Show of Superstars of Dance Legends “Stellar Duo”
On June 8, Dance Legends from Russia, USA, Italy, South Africa, Denmark, and Azerbaijan will perform at the State Kremlin Palace, Moscow, Russia in “Stellar Duo.”
Carolyn Woodruff, known as the Dancing Divorce Attorney, will represent the USA for the second year in Moscow, Russia in the “Stellar Duo” with partner, Alosha Anatoliy (from Ukraine, now US citizen). Continue reading →
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