The North Carolina Court of Appeal upheld a trial court which granted wife’s motion for reconsideration. In this case, both the husband and the wife had declared bankruptcy. There was a second mortgage on the former marital home. While both parties identified the second mortgage in their bankruptcy, wife asserted…
Charlotte Divorce Lawyer Blog
Date of Separation Appeal Dismissed as Interlocutory
The North Carolina Court of Appeals recently dismissed an appeal as interlocutory. The issue on appeal was the parties’ date of separation. When suit was filed, the husband alleged that the parties’ date of separation was in 1995. The wife, of course, answered and counterclaimed. The interesting part is that…
Common Law Marriage Appeal Dismissed as Interlocutory
The North Carolina Court of Appeals dismissed an appeal as interlocutory. The case involved a man and a woman who had lived together in Texas before moving to North Carolina. The parties moved to North Carolina, separated and the woman filed against the man for absolute divorce, post separation support,…
Same-Sex Marriage Okay with Most in North Carolina?
As reported by the Charlotte Observer (Poll: Most oppose same-sex marriage ban), according to a recent poll conducted by Elon University, fifty-six percent of North Carolina residents oppose a North Carolina state constitutional ban on same-sex marriage. Also, the number of individuals who would prefer to see no legal recognition…
Divorce No More?
According to a report by Reuters (‘Til 2013 do us part? Mexico mulls 2-year marriage), legislators in Mexico City are considering the concept of temporary marriage licenses. The new law would allow the couple to, on the front end, decide on how long their marriage would be. The minimum duration…
View and Print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Fall 2011
In this issue of the Charlotte Divorce Lawyer Blog Family Law Newsletter we take a look at information garnered from census data going all the way back to the 1940s. The U.S. Census Bureau has copmpiled a new report which evaluates marriage and divorce in America. We also look at…
Avoid Divorce by Spending Time Apart?
According to a recent article on Yahoo, absence truly can make the heart grow fonder. The article examines a journalist who has been married for 23 years. According to her, the key to their long marriage and avoiding divorce is simply taking separate summer vacations each year. She would go…
Is Infidelity in the Eye of the Beholder?
Not necessarily. But, according to a new study, your view of whether a physical affair is worse than an emotional affair may depend on your gender. This study, out of the University of Scranton, notes that men tend to be more focused on the sexual aspect of the affair, women…
Set Aside Separation Agreement Appeal Dismissed as Interlocutory
The North Carolina Court of Appeals dismissed an appeal as interlocutory. In this case, the Wife filed an action to set aside a Separation Agreement and establish the parties’ date of separation. The Wife also raised claims for equitable distribution, post separation support and alimony. At hearing the trial Court…
Modification of Child Custody Decision Rendered by North Carolina Court of Appeals
The North Carolina Court of Appeals rendered an opinion in a North Carolina child custody case. In this case, Mother and Father were parties to a separation agreement. This separation agreement was incorporated into the Court’s Decree of Absolute Divorce which terminated the parties’ marriage and turned the child custody…