Articles Tagged with divorce

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In re J.J.H., Supreme Court of North Carolina, No. 430A19, December 18, 2020

 

This is Respondent Mother’s Appeal to the termination of her parental rights. Continue reading →

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Wall v. Wall, 140 N.C. App. 303 (2000).

Former spouses in North Carolina can split their property in an action for Equitable Distribution (ED). In order for the Court to make a decision on distributing property, it needs an inventory affidavit of all property owned as a product of the marriage. Occasionally, and especially in cases involving high-income parties, the inventory list can be extensive. Many times, there can be arguments regarding values of property. This can lead to some delay between the day of the hearing and the day of entry of a Judgment. Continue reading →

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As anyone that has read my bio on the Woodruff family Law website knows, I am a huge dog lover. My dogs are a large part of our family, as I am sure your pets are too. But what happens with the family pet when you are separating or seeking a divorce?

Although many consider pets family, North Carolina considers pets as property. Like all other property, they could be subject to equitable distribution. North Carolina is an equitable distribution state where the property of the marriage is to be split equitably among both parties. The court may not always split the property evenly, but it must be split equitably between both parties. Under N.C.G.S. § 50-20, the parties’ property must be classified as separate, divisible, or marital, valued, and divided between them. This classification, valuation, and division applies to family pets. Continue reading →

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Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit your children? Should you enter into any agreement with your former spouse to carry this insurance? The answer to all of these questions is probably no. Continue reading →

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M.E. v. T.J., ___ N.C. App. ___ (2020).

Domestic Violence Protection Orders (DVPO) are under chapter 50B in North Carolina. They are sought by complaining parties when they are the victims of violence. But under this section, in order to seek a DVPO, a complaining party must first claim domestic violence perpetrated by someone with whom the complaining party has or had a personal relationship. However, even with recent amendments, the statute currently did not allow for a same-sex, non-married, couple to seek a DVPO if they did not reside together. Below is what could be a landmark case, declaring that the 50B statute is unconstitutional. Continue reading →

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In Chica v. Chica, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Plaintiff Father’s appeal of the trial court’s December 6, 2018 Order finding him in civil contempt and establishing purge conditions. Plaintiff Father also appealed the trial court’s April 2019 Order denying, in part, Plaintiff’s Motion for a New Trial related to the December 6, 2018 Order.

Chica v Chica,  COA19-856 (N.C. Ct. App. 2020)

  • Facts: Plaintiff Father and Defendant Mother were married on or about July 11, 1998. Two children were born of the marriage, and the parties separated in December 2014. The parties reached and the court entered a Consent Order for Child Support and Child Custody. The Consent Order’s relevant sections involve joint legal custody and decision-making, school assignment, medical and dental expenses, and the children’s private school.

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Covid-19 and its accompanying social distancing have been hard on everyone’s dating life. Restaurants have decreased capacity, and some are not accepting in-house dining at all. Bars close early. And masks, while necessary for health, make it hard to read how your date is going. A lot of people are likely foregoing a dinner date in public in observance of social distancing rules. With Valentine’s Day rapidly approaching, the Parks and Recreation Department in Greensboro, North Carolina has decided to offer up a take-home kit for a truly wonderful Valentine’s date. Continue reading →

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In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order.

Price v. Boccardy,  COA20-127 (N.C. App 2020).

Facts:  Plaintiff and Defendant were the parents of a minor child, three-year-old A.B. Plaintiff Mother filed a verified complaint seeking custody, claiming that the minor child was at substantial risk for bodily injury and sexual abuse. Plaintiff received an ex parte order awarding her temporary legal and physical custody. Defendant filed an answer denying Plaintiff’s allegations and a counterclaim seeking temporary and permanent legal and physical custody. The trial court’s March 7, 2018 order included that the ex parte order would remain in effect, with Defendant Father receiving at least one supervised visitation per week until the permanent hearing was scheduled. Continue reading →

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Ward v. Halprin, ___ N.C. App. ____.

Child custody has the potential to be heavily contested. In some cases, one parent wants to be able to have sole decision-making authority. In North Carolina, the ability to make these decisions is termed “legal custody.” Courts often grant parents joint legal custody. This means that either parent can make major life decisions regarding their children (usually education, religion, and non-emergency healthcare), often requiring the parents to make a good faith attempt at resolving issues in the decision-making process and providing legal recourse should they not resolve. However, the court can grant sole legal custody in some circumstances. Below is a case that did just that. Continue reading →

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In the Matter of R.D.B., A Minor Child (No. COA19-1019)

 

Many children in Guilford County have guardians appointed by the court for a variety of reasons. A child who no longer has any living biological parents is a common example of when a court will appoint an adult to step in and make decisions on behalf of the minor child. In the Matter of R.D.B. addresses how petitioners Ruby and Caleb Harkness—maternal grandparents of the minor child—appealed from the order appointing Raymond Mann to serve as the guardian of the minor child R.D.B. (“Robert”). Continue reading →