North Carolina Divorce Lawyers Blog

Articles Tagged with divorce attorney

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ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to modify the alimony arrangement, but the court denied the motion, citing unchanged financial circumstances. In 2018, the Defendant, who was working as a transportation driver for Richard Petty Racing, filed another motion to modify alimony, claiming a reduced income and increased expenses due to rising rent, housing, and vehicle costs. Plaintiff initiated a show cause order against the Defendant for not fully paying alimony from January 2019. In January 2020, a memorandum of judgment led to a reduction of the Defendant’s monthly alimony obligation by $100. However, by mid-2020, the Defendant once again failed to fully pay alimony, prompting another show cause order. In December 2020, the Defendant filed another motion to modify alimony, stating he was furloughed and later terminated, incurring unforeseen expenses and borrowing against his retirement account. At a hearing in March 2022, Defendant testified about his employment history, reduced income, and efforts to secure new jobs. In June 2022, the court issued an Alimony Order, finding a substantial change in circumstances and reducing the Defendant’s monthly alimony obligation to $600. A Contempt Order was also issued, stating the Defendant’s arrearage and ordering him to pay $100 per month until the debt was cleared. Both parties appealed these orders.

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SHEPENYUK V. ABDELILAH, 2023-NCCOA-______ (2023)

  • Facts: Plaintiff and Defendant were “married.” On August 25, 2015, the parties were the host of a religious wedding ceremony officiated by Defendant’s brother. This brother was not ordained or legally authorized to officiate a ceremony. The parties themselves failed to obtain a marriage license prior to the ceremony. Six years later, in September of 2021, Plaintiff filed for a domestic violence protective order and alleged that she and Defendant were not married. Multiple other pleadings, including complaints and answers/responses to a partition action as well as a complaint for equitable distribution (ED) and alimony were filed, wherein it was essentially admitted that the parties were not legally married. Plaintiff amended her ED and alimony complaint to ask that the court treat the parties as presumptively married. Defendant moved to dismiss. Trial court dismissed for lack of a claim for which relief could be granted, finding that the parties were not married and an “equitable marriage” theory was unwarranted.

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Labor Day, celebrated on the first Monday of September in the United States, is a holiday that honors the contributions and achievements of the labor movement and the American labor force. It also marks the unofficial end of summer and the beginning of the fall season. The history behind Labor Day is rich and complex, reflecting the struggles and triumphs of workers throughout the late 19th and early 20th centuries. Continue reading →

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Divorce is rarely simple, and when children are involved the complexities can intensify. Child support is one of the most critical aspects that parents need to consider during the separation process. A recent North Carolina case, Bishop v. Bishop, sheds light on some crucial issues that can arise in child support matters, especially for high net-worth parents. Continue reading →

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In North Carolina, a private investigator (PI) can play a role in divorce cases by conducting various tasks to gather evidence and information related to the proceedings. However, the specifics of a PI’s role might vary depending on the circumstances of each case. Please consult with your attorney if you have questions regarding a PI and whether to retain one for your case.

Here are some ways a private investigator might be of use in a divorce and separation case in North Carolina: Continue reading →

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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.

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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 →

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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 →

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North Carolina does not require that unmarried or divorcing parents get a custody order.[1] When a mother or father has the designation of a legal parent, they both have the same rights when there is no order in place. Legal parent classification can be obtained in a number of ways, including by any of the following:

  • The child’s birth certificate
  • Child support order
  • Adoption order
  • Affidavit of Parentage

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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 →