In North Carolina, Equitable Distribution (ED) is how property is divided in divorce proceedings. ED can be a complicated process, and much of it relies on timelines and tracing funds. When people get married, a typical occurence is that separate bank accounts are converted to joint accounts. What happens in a divorce proceeding when one spouse claims that the account is not joint but still separate, despite the addition of the other spouse’s name? Continue reading →
The doctrine of collateral estoppel prevents courts from entering findings of facts or conclusions of law contrary to previous litigation. The issues must be the same. The issue must be raised and litigated. The issues must be material and relevant to the disposition of the prior action, and determination of the issues must be necessary and essential to the resulting judgment. Read on to see what happens when the trial court enters an order contrary to the previous findings of facts and the conclusions of law. Continue reading →
Stowe v. Stowe, ___ N.C. App. ___ (2020).
In North Carolina, Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a business? Unlike other forms of property, businesses have reputations that are carefully cultivated, as well as patrons and other intangibles that make the business more valuable than what can be accounted for on paper. Courts call this factor Goodwill. In the case below, we explore how one court handled Goodwill for an insurance company. Continue reading →
Montague v. Montague, 767 S.E.2d 71 (N.C. App. 2014)
Equitable Distribution (ED) is one of the mechanisms by which former spouses separate their personal and real property. What if the during the marriage one party opens a small business? Businesses are subject to ED, and valuation of a business can be very complex. In the case below, we encounter one issue where a family law specialist with experience in Equitable Distribution can be valuable. Continue reading →
We all know Cam Newton, the football quarterback who used to play for the Carolina Panthers but recently signed on with the New England Patriots. Back in 2011, the football legend was drafted as the first overall pick by the Carolina Panthers. He played countless games right here in our home state at Bank of America Stadium. He broke countless NFL records for passing and rushing yards by a rookie quarterback in his rookie year. More recently, Newton has made the news for a reason other than football. Newton is currently involved in a child support battle with his ex, Kia Proctor. Continue reading →
You’ve decided to seek a divorce and perhaps to seek child support for your children, or you’re looking at equitable distribution of your marital assets. You’ve researched, met with, and retained your attorney. Now the attorney or a member of the attorney’s staff is calling or sending emails asking questions and seeking what seems like an endless list of documents. You hired this attorney to represent you; why are they putting so much work on you and asking for all this information? Continue reading →
In the past, married couples had to show that their spouse committed marital misconduct to get a divorce. In a no-fault state like North Carolina, neither party must show any reason for the request for divorce nor show that the other spouse was at fault.
N.C General Statute § 50-6 states that a marriage may be terminated upon application by either party after the parties have lived separate and apart for one year, and either party has been a
North Carolina resident for at least six months preceding the action for divorce. Continue reading →
Potential clients often seek an attorney’s help for what they call a “simple divorce.” The circumstances may seem simple because the only claim the potential client wishes to make is one for absolute divorce, thereby choosing to forgo claims for equitable distribution, post-separation support, and alimony. Sounds simple enough, right? Think again. The grounds for divorce under North Carolina statutes are: (1) that the parties must have lived separately and apart for one year with no intention of resuming the marital relationship; and (2) that one party or the other has resided in North Carolina for six months prior to the filing of the action. While these two grounds are not difficult to meet, a lot can happen in the year the parties are living separately and apart and, as a result, the entire trajectory of the action can change. Continue reading →
We all love a good Mulan-esque warrior story with a happy ending. Family law attorneys have seen it all and are the warriors and champions of family law related issues. Delving into the chaotic family disputes that clients present daily means almost nothing could come as a surprise. Yet, when a Kansas man challenged his Iowa ex-wife to a trial by sword fight to settle their child custody dispute, it appeared that there may indeed be something new under the sun.
Devine v. Devine, (No. COA19-913) (unpublished)
Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses of the parties going through divorce. In the case below, we discuss how one court, which presumably lacked business experience, incorrectly calculated a party’s income. Continue reading →