North Carolina Divorce Lawyers Blog

Articles Tagged with family law specialist

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ADJEI V. MAYORKAS, _____F.4d _____ (4th Cir. 2023). 

Facts: Plaintiff and Defendant were before the Fourth Circuit on a citizenship and naturalization issue. Plaintiff and Boateng were a married couple, and Plaintiff sought to become a naturalized citizen of the US. Before Boateng was married to Plaintiff, she was married to Gyasi in Ghana. Boateng and Gyasi obtained a Ghanaian divorce through a ceremonial divorce, wherein neither party was domiciled or residing in Ghana. Ghanaian law allows the head of households to perform to ceremonial divorce. A Ghanaian court subsequently certified the divorce. Later, Plaintiff and Boateng married, and Plaintiff became a permanent resident. Plaintiff then applied for citizenship and was denied because immigration believed that Virginia would not recognize the Ghanaian divorce.  Continue reading →

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February is known as National Weddings Month.  So, without further ado, here are a few celebrity couples that have recently said “I do.”   

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Gilleland v. Adams, 2023-NCCOA-9 (unpublished) 

Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing that Plaintiff could not bring a custody case because he was not the father. The parties consented to get a court-ordered paternity test. Plaintiff was revealed to be not the child’s biological father. Plaintiff then amended his complaint and alleged that Defendant had acted inconsistent with her right to be a parent and that it was in the child’s best interests to have custody with Plaintiff. The trial court conducted a hearing on the motion to dismiss. The trial court heard from witnesses and received exhibits. Defendant’s motion to dismiss was granted. Plaintiff appealed.  Continue reading →

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Last year came to an end, but not before Kanye West and Kim Kardashian were able to close the chapter on their formerly wedded life and settle matters associated with their divorce.  It is reported that Kardashian and West will share joint custody of their four children – North, 9, Saint, 6, Chicago, 4, and Psalm, 3.  Despite this, sources close to Kardashian report that she will continue to have the children approximately eighty percent (80%) of the time.  The settlement also outlines West’s monthly child support payment, which is $200,000.00 per month.  Additionally, West is responsible for covering fifty percent (50%) of the minor children’s educational expenses (i.e., tuition), and security expenses.   

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A California woman is experiencing divorce in a way that has her fearing for her life.  Patricia and Ronald Dunn are residents of Los Angeles and are in the process of getting divorced.  However, Ronald is less than happy with the idea of divorcing Patricia.  To say this is a contentious divorce is an understatement.  At approximately 3:30 p.m. on Sunday, January 15, Ronald first arrived at the couple’s home in the Westmont neighborhood of South Los Angeles in his Chevy Impala.  He crashed the car into the home while Patricia was still inside.  Ronald then left and later returned with a dump truck, crashing that into the home as well.  Ronald then backed up the dump truck and rammed multiple vehicles parked along the street.   

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Becker Williams, F. Supp. 3d     , 2016 WL 878492 (W.D. Wash. 2016)

Facts: Husband and wife were married and in 2002, the husband designated the wife as survivor beneficiary of his retirement plans with Xerox. Continue reading →

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Suppose you inherit money from a family member during your marriage. Is your inheritance subject to being divided under North Carolina’s equitable distribution statute? The brief answer: it depends.

North Carolina General Statute § 50-20 defines marital property as all real and personal property obtained and currently owned by either or both spouses during the marriage and before the date of separation unless that property is determined to be separate or divisible property. Separate property under N.C.G.S. §50-20 is real and personal property acquired by a spouse before or during the marriage through devise, descent, or gift. Applying the definitions of marital and separate property from N.C.G.S. § 50-20, any money or property you inherit from a family member would be separate property. Continue reading →

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Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. Continue reading →

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As family law attorneys, we are regularly asked by clients if they can record their spouse. In fact, in some cases, they are asking if we want a copy of the recording that they have already made. Yes, these recordings can possibly prove something was said or not said; there is the ability to corroborate as well. But admissibility of recordings is complex and a wholly separate area of law. Today, we discuss whether certain recordings are even legal and, depending on the answer to that question, whether your attorney can even listen to or view the recording. Continue reading →

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Price v. Price, 2022-NCCOA-928 (unpublished).

Facts: In April of 2020, Mother filed a motion to modify child support. A hearing on that motion was eventually calendared for November of 2020.

In the meantime, Father had fired his attorney. Father did not show up for the modification hearing, and the trial court proceeded without him. Mother introduced evidence of Father’s income by producing in court his 2019 W2 showing a gross income of $251,918.59. Mother also produced records that Father was receiving $1500 a week in disability insurance between October of 2019 and April 2020 which was thought to be in addition to his income. Mother’s income was only $685.44 a week from her work.

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