Divorce Law Updates

Will Jeff Bezos still be the “worlds richest man” after getting divorced?  Maybe.  A lot depends on whether Bezos and his wife executed a contract that is often referred to as a Prenup or Pre-Nuptial agreement. Of course, Jeff Bezos may not have been the world’s richest man in the first place.  It’s likely he was a part of the world’s richest couple. All the money...

Researching divorce and divorce lawyers is often an emotional but important first step.  Considering your legal options is a good idea, especially if you’re not entirely certain you even if want to try separation or possibly end the marriage. There are a lot of things to consider in addition to the relationship itself. Distribution of your marital estate can be extraordinarily...

Failure to pay child support in North Carolina may result in a Show Cause Order and Civil Contempt proceedings. Once entered, the Burden of Proof shifts, requiring the defendant/respondent to show why he or she should not be held in civil contempt of court. Family law attorneys may refer to that person as the “contemnor.” That traditionally has been a substantial burden, involving...

Can a house be a “gift?”  What is Marital Property? Under the family laws for NC Equitable Distribution and Gifts, a Charlotte home (Denver NC residence) was determined to be marital property in Bond v. Manfredo. Equitable Distribution involves the classification and distrubution of things like homes, bank accounts, personal property, 529 College Savings Plans, and retirement...

Equitable Distribution:  529 Savings Plans In an Equitable Distribution NC proceeding, how does the Family Court judge classify college savings plans?  Specifically, are 529 Savings Plans, funded during the marriage and using marital funds, classified as a marital asset, divisible property, or separate property? In a case of first impression clarifying Equitable Distribution, the North...

The North Carolina Court of Appeals ruled this week on a longstanding Charlotte child custody and contempt of court legal issue, described as, “an exceptionally contentious and prolonged custody battle” between a father and mother in Mecklenburg County Family Court.  Litigation began in January 2007 involving the custody of two children, one of whom has since “aged out”...

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform law drafted by the Uniform Law Commission in 1997. The UCCJEA encompasses a set of guidelines for courts to follow in their determination of child custody. To date, the law has been adopted by 49 states and Washington, DC. The UCCJEA breaks down legal and physical custody, sole and joint custody, grandparent...