Property division can be one of the most contentious parts of a divorce. Further complicating this process is the fact that courts must determine not just how marital property should be divided but even what qualifies as marital property. Equitable distribution is an option in North Carolina divorces, but the process for requesting it is not standardized throughout the state. Some courts and localities have specific rules regarding filing for equitable distribution, so consulting with a Greensboro divorce lawyer will ensure the district requirements are met. Continue reading →
Suozzo v. Suozzo, 2022-NCCOA-620.
Facts: Plaintiff wife and Defendant husband entered into a separation agreement wherein Defendant was to pay Plaintiff $200,000 in monthly installments over 240 months. This arrangement began in March 2006 and would terminate in March of 2026. For the first 18-36 months, Defendant made the monthly payment. Sometime in 2008, Defendant stopped making those payments. Plaintiff chose to file a breach of contract claim against Defendant but not until 2019, more than ten years since Defendant stopped paying. The trial court awarded Plaintiff $100,789 in damages, calculated by granting only the missed payments due within three years of the commencement of Plaintiff’s action—as any unpaid installments due prior to February 2016 were barred by the statute of limitations—and the payments that became due while the action was pending through judgment. Defendant appealed. Continue reading →
Are you recently separated or divorced and have started receiving bills for unpaid medical expenses of your former spouse? Are these bills for medical treatment your former spouse received after you separated? The Doctrine of Necessaries, which creates a legal duty for the husband to provide for the expenses of his wife, is still recognized in North Carolina. The most common necessary expense is unpaid medical bills of the other spouse. When the spouse receiving treatment cannot pay for services, the service provider will often sue the other spouse to satisfy the outstanding debt. Continue reading →