Charlotte Divorce Lawyer Blog

Separation Agreement Stands in North Carolina Court of Appeals

Published on: August 18, 2011 | On behalf of Arnold & Smith, PLLC

In the case of Rolls v. Rolls, the North Carolina Court of Appeals considered an appeal relating to a Separation Agreement and Property Settlement. In this case, Husband and Wife entered into a Separation Agreement where the parties waived equitable distribution and stated that they each had made a complete disclosure of all assets and debts. Wife filed for divorce and Husband counterclaimed, alleged that Wife actually did not fully disclose her assets and debts, and sought equitable distribution. Wife, of course, replied and plead the Separation Agreement as a bar to Husband’s claim for equitable distribution.

Post Separation Support and Child Support Case Appealed

Published on: August 15, 2011 | On behalf of Arnold & Smith, PLLC

In the case of Davis vs. Davis, Husband appealed an order which addressed the family financial matters (child support and post separation support). He challenged the trial Court’s ruling by contending that the Court had made inconsistent findings of fact about his income and that the findings of fact did not support the award. In short, the trial Court found as fact that Husband’s business grossed $11,000 per month, that Husband testified that the business was suffering from financial difficulty, that Husband had the ability to pay Wife $4,130 per month in post separation support, and that Husband’s child support obligation was $1,490 per month.

Attorney Fee Issue Addressed by NC Court of Appeals

Published on: August 11, 2011 | On behalf of Arnold & Smith, PLLC

In the North Carolina case of Simpson vs. Simpson, the Court of Appeals evaluated a dispute over the award of attorney fees. The dispute over attorney fees arose because Father filed a motion to modify child custody. Motion moved to dismiss the motion to modify child custody on the grounds that Father failed to allege a substantial change in circumstances affecting the welfare of the children. Mother’s motion to dismiss was granted and she subsequently sought reimbursement of her attorney fees. In support of her motion for attorney fees, Mother submitted a verified “Motion to Tax Costs,” a “History Bill,” and an affidavit of financial status. The trial Court heard Mother’s Motion to Tax Costs and allowed the parties to submit additional authority after the hearing but refused to allow the parties to submit any further evidence.

Termination of Parental Rights and Guardianship Goes to NC Court of Appeals

Published on: August 8, 2011 | On behalf of Arnold & Smith, PLLC

In the matter of A.S.Y, the North Carolina Court of Appeals evaluated whether a Guardian ad Litem for Mother should have been allowed to withdraw immediately prior to the hearing on whether to terminate Mother’s parental rights. The procedural history of this case is such that Mother requested assistance for herself and her daughter from Orange County Department of Social Services. That day, Orange County DSS assumed custody of the child and placed her in foster care. A Guardian ad Litem was appointed for Mother for the neglect and dependency proceedings.

Father Appeals the Termination of His Parental Rights

Published on: August 4, 2011 | On behalf of Arnold & Smith, PLLC

In the matter of D.H.H., the Father of D.H.H. had his parental rights terminated by the trial Court. The trial Court found three grounds on which it based its termination of Father’s parental rights. Father appealed and challenged only the first and second grounds on which his parental rights were terminated. Father did not challenge the third ground on which his parental rights were terminated.

Divorce and Confidentiality Fight Rages in Charlotte, NC

Published on: July 21, 2011 | On behalf of Arnold & Smith, PLLC

As discussed before on Charlotte Divorce Lawyer Blog (Alimony and Child Support Payments in the Public Eye and Charlotte, North Carolina Family Law Lawyers and Court Address Confidentiality Provisions), there has been a continuing battle over whether the proceedings related to the Brian France domestic case will be kept confidential. According to a Charlotte Observer article (Secrecy in Frances’ bitter divorce is back in court) the case was back in Court this week. The lawyers for the Charlotte Observer were again asking a Mecklenburg County District Court Judge to unseal certain documents in the case.

Same-Sex Domestic Partners Fastest Growing in North Carolina

Published on: July 18, 2011 | On behalf of Arnold & Smith, PLLC

According to the most recent Census data, North Carolina has more and more same-sex domestic partners. In fact, according to the data, the number of same-sex domestic partners in North Carolina has increased 68% in the last decade. Much of the growth has been in the western part of the State and along the coast.

It is difficult to tell whether the numbers have actually increased. According to the article, it is possible that the increased census figures are the result of more and more people being comfortable disclosing their status accurately on government forms.

Can Infidelity Help Avoid Divorce?

Published on: July 14, 2011 | On behalf of Arnold & Smith, PLLC

This is, admittedly, a radical notion. Particularly in Charlotte, North Carolina and surrounding areas. For goodness sake, North Carolina still recognizes Alienation of Affection and Criminal Conversation lawsuits. But, a recent article in the New York Times thoroughly explores whether infidelity might actually be good for some relationships. In this article, the author thoroughly explores the ins-and-outs of this theory. Before the reader allows her blood pressure to boil, she should read the article. The author seems to have a realistic and honest approach to the issue. One of the more important points which the author makes is that infidelity in a marriage is not for everyone.

Interstate Child Custody Case Reviewed by North Carolina Court of Appeals

Published on: June 30, 2011 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals reviewed an interstate child custody case in Bohannan vs. McManaway. This case is noted by the North Carolina Court of Appeals to be a “procedural quagmire” and this review will not recount all of the procedural history. Ultimately, the North Carolina Court of Appeals ruled that the trial court abused its discretion by denying Mother’s Rule 60 motion to set aside the 2007 Order. The North Carolina Court of Appeals ultimately vacated said Order, largely, because the evidence was undisputed that hte Order was entered without hearing any evidence. Further, there was a “patently false” finding of fact that Mother had not filed an answer in the case.

Child Custody Decision by North Carolina Court of Appeals

Published on: June 28, 2011 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals issued a ruling in a child custody matter relating to a jurisdictional issue in Sherrick vs. Sherrick. In this case, the North Carolina Department of Social Services initiated an action alleging that the minor child was a neglected juvenile. Eventually, the custody of the minor child was granted to the child’s parents and the paternal grandparents via a Consent Order. This Consent Order also included a provision directing the Clerk of Superior Court to “treat this Consent Order as the initiation of a civil action for custody of the juvenile.” There was a subsequent hearing under a new file number at which custody was granted to the parents, the paternal Grandparents appealed.