North Carolina Divorce Lawyers Blog

Articles Tagged with separation

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Wayne Hopper, Legal Assistant

King v. Huizar (In re Huizar), 609 BR 482

Only a handful of states still recognize alienation of affection and criminal conversation as actionable torts. North Carolina is one of those states. These claims have their roots in old English law, where a man could essentially sue for the “theft” of his wife. Modern Alienation of Affection/Criminal Conversation laws allow spouses of either gender to bring a suit.

While similar in spirit, these two torts differ in what they assert. In an alienation of affection claim, one spouse is seeking damages against a third party for wrongful acts that interfered with the marital relationship, thus depriving them of the love and affection of their spouse. They are sometimes colloquially referred to as “homewrecker” laws or “heartbalm” torts. On the other hand, criminal conversation refers specifically to adulterous, extramarital sexual acts between the Plaintiff’s spouse and a third party. Continue reading →

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Wooten v. Wooten, III, 2022-NCCOA-121, (unpublished).

Here in North Carolina, separation agreements are treated the same as contracts. This means the parties can be more flexible with their terms and agreements, not necessarily confined to the stricter terms that a court order would typically proscribe. One such provision is the support of children in their higher education endeavors. Continue reading →

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It is no secret that millennials often get a bad rap.  As one of the largest generations in history, their influence in the world is far-reaching. Growing up in rapidly changing times has meant that millennials have redefined many aspects of life, with priorities and expectations drastically different from previous generations.  As a result, millennials have successfully put their spin on prenuptial agreements and are looking at this important pre-marital contract through a different lens. Continue reading →

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Recently, I have been giving thought to how increases in separate property values through the active work of a spouse is considered during equitable distribution. As a refresh, the goal of a trial court in divorce is to classify all property owned on the date of separation, value it, and then distribute it between the parties; only marital property is distributed. Generally, increases in value to separate property during the course of a marriage are still separate property. However, the analysis does not end there. Continue reading →

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“Nothing is so painful to the human mind as a great and sudden change.” – Mary Shelley.

Change can be positive or negative. Everyone will experience it, and everyone grows from it. Divorce and separation are very big changes. For some, it is an upheaval of life itself, and of personal identity. For others, it may be welcome relief. Moving forward after a big change can be difficult, even if positive. While nothing can replace trusted professional care, some tips can help the mind process the change. Continue reading →

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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 →

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Bishop v. Bishop, ____ N.C. App. _____ (Dec. 2020)

 

Child support in North Carolina is typically determined by a formula set out by the legislature and applied in child support guidelines and their worksheets. However, it was known for some income levels that the formula no longer becomes equitable. Too low or too high of income both throw a wrench into the calculus. For higher income families, the court may forgo the use of the guidelines and make findings on the reasonable needs of the child when compared to a parent’s ability to pay; meaning it should account for their assets, debts, and lifestyle. Continue reading →

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People all over the United States are suffering from the long-term effects of the COVID-19 pandemic – emotionally, physically, and especially financially. The CARES Act § 2202 has authorized special distribution options for retirement plans and has expanded loans from certain retirement plans. Under the CARES Act, the IRS will not deduct the 10% additional tax from early distribution of a retirement account for individuals directly affected by COVID-19. The explanation of the benefits of this specific section of the CARES Act is outside the subject of this blog. What happens if you are affected by COVID, you and your spouse are separated, and you withdraw money from your retirement under this program? Continue reading →

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A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there minor children affected by dating; have martial funds been used to support the new relationship; and, probably most importantly, when did you start seeing this new person? Continue reading →

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In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Continue reading →

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