North Carolina Divorce Lawyers Blog

Articles Tagged with divorce lawyer

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The Florida House Civil Justice Subcommittee has approved legislation, known as HB 538 or “Cassie’s Law,” which mandates the establishment of safe exchange locations for child custody transitions. The bipartisan bill aims to enhance the safety of child custody exchanges following the tragic case of Cassie Carli, a mother who disappeared and was later found dead after a custody exchange in 2022.

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Jackson v. Jackson, 2021-NCCOA-614 (2021)

  1. Facts: Mother and Father had an unincorporated child support agreement for their three children. Custody was shared between the parties. Later, one child aged out. Mother then relocated, and one child moved with her. The other remaining minor child moved in with Father. For this period, Father sought temporary child support and termination of his previous child support obligation because of the change in custody situation. Mother then filed a breach of contract for Father’s lowering and subsequent cessation of child support payments. At trial the court considered Father’s bonuses and commissions as part of his income. His base salary was $58,000, but he testified that he expected to get commissions even though he had not yet received any. The court found that father’s income was $71,000 annually.

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In a bid to enhance access to legal representation and make it more affordable, the Colorado Supreme Court has taken a significant step by approving the licensure of legal paraprofessionals. This move, encapsulated in the new Rule 207 of the Colorado Rules of Civil Procedure, is aimed at addressing domestic relations matters and bringing justice within the reach of a wider population. Continue reading →

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The recent announcement of Noel Gallagher and Sara MacDonald’s divorce has captured the attention of fans and media alike. Their separation after over two decades together is not just a headline; it mirrors a scenario in which many couples, particularly in their 50s, find themselves. This blog explores their story and offers insights from a Greensboro divorce lawyer into the universal challenges of navigating relationships through midlife transitions. Continue reading →

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Either party in a divorce can request equitable distribution, but that request must be made before the divorce is final.[1]

Equitable distribution is the process in which the court determines how best to divide the spouses’ assets and debts, specifically their marital property and divisible property.[2] This is often a preferred method when there are significant assets, numerous financial accounts, or multiple pieces of real property. Continue reading →

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In a move aimed at simplifying and expediting the divorce process, Maryland is implementing a no-fault divorce law, set to take effect soon. The state’s General Assembly passed this significant measure on April 7, and it was signed into law by Governor Wes Moore on May 16.

This new legislation is expected to have a substantial impact on divorce proceedings in Maryland. Notably, it will reduce the time and financial resources typically required for the legal process, making it more accessible and less burdensome for individuals seeking divorce. One of the key changes is the elimination of court-supervised “limited divorces” during child custody battles, streamlining the process further. Continue reading →

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Discovering that your spouse is having an affair is a devastating blow. You might even consider taking legal action, especially if you’re residing in North Carolina, which still recognizes claims for alienation of affection and criminal conversation. But how can you navigate these emotionally charged waters legally? A recent North Carolina Court of Appeals case, Beavers v. McMican, offers some insights that may be helpful for anyone in this unfortunate situation. Continue reading →

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A Judge in New York imposed sanctions on two attorneys and their law firm for submitting a legal brief containing six fictitious case citations generated by an artificial intelligence (AI) chatbot called ChatGPT.

The judge, P. Kevin Castel, found that the lawyers acted in bad faith, consciously avoiding the truth and presenting misleading statements to the court. Consequently, they were fined a total of $5,000.

The law firm, in response, expressed their disagreement with the court’s assessment, claiming their mistake was a result of a good-faith error, that of underestimating the possibility for a technology like ChatGPT to fabricate cases. Continue reading →

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Equitable distribution cases involving high-net-worth parties and spouses with significant assets require careful consideration to classify, valuate, and distribute property. Each piece of property must be classified as marital, separate, or divisible as a first step in equitable distribution. Determining which category each asset belongs to can be a lengthy process when there is a significant number, and valuating all the property presents further complexities. Continue reading →

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

As a new generation of divorcees begin to reach retirement age since the enactment of ERISA in 1974, we will begin to see cases were a party needs a Qualified Domestic Relations Order (QDRO) to receive a retirement benefit, but somewhere in the divorce process the QDRO was never entered. Below is one such case. Continue reading →