Charlotte Divorce Lawyer Blog

Purchasing insurance isn't new -- most of us have health, car, house, and life insurance. But what about divorce insurance? A Kernersville, NC-based company, SafeGuard Guaranty Corporation, has launched what it believes is the world's first offering of divorce insurance.

WedLock, which the company bills as marriage insurance, offers up to $5 million in casualty insurance if your marriage ends in divorce. Although not cheap, each unit runs about $16 per month for $1,250 in coverage and your rates can't increase; your coverage amount increases by $250 each year you maintain the policy.

So why purchase the insurance? It's intended to help cover the costs of divorce, including attorney's fees, moving expenses and a new residence, alimony, and child support. And the good news is that you can receive 50% of the premium at separation if you opt for the Legal Separation Rider.

Continue reading "Company Introduces Divorce Insurance" »

We've already listed a few of the over one-thousand reasons to get married, but what if you're already married and thinking about divorce?

There is a growing trend for couples to remain married rather than divorce. Most separate, but remain married for a variety of reasons. In a recent New York Times article, one woman explained that it's cheaper for her to provide medical insurance to her husband than pay alimony. Additionally, her child views him as a father figure and he has custody of the family dog.

Others will remain married to qualify for a share of a spouse's Social Security payment; federal law requires a couple to remain married for at least ten years before being eligible to receive the payments.

Continue reading "Why Get Divorced?" »

American Idol's third-season winner, Fantasia Barrino, has been named as the other woman in a complaint filed in Charlotte, NC District Court. In the suit, which was filed by Paula Cook, Barrino is accused of "illicit sexual activity" with Ms. Cook's husband, Antwaun. Among other claims, Ms. Cook blames Ms. Barrino for causing her marriage to Mr. Cook to disintegrate.

Although Ms. Barrino isn't being sued herself, Ms. Barrino's alleged affair may end up costing her dearly; North Carolina is one of seven states that allow wronged spouses to sue the other party for Alienation of Affections and Criminal Conversation. Although Ms. Cook's allegations would give her basis for filing a complaint for Alienation of Affections and Criminal Conversation against Ms. Barrino, the two are significantly different torts.

Continue reading "American Idol Winner Named in Charlotte Domestic Case - Lawsuit to Follow?" »

One spouse discovering another's infidelity is nothing new, however, the ways in which cheaters are now exposed have changed. With so much information available on sites such as Facebook, MySpace and Twitter, personal information is more easily accessible than ever before.

Lynn France, an occupational therapist from Cleveland, recently discovered that her husband had married another woman. After becoming suspicious of his infidelity, France found photos of her husband marrying another woman on Facebook.

France states, "I was numb with shock . . . there was like an album of 200 pictures on there, their whole wedding." Perry Aftab, an expert on internet safety and privacy laws states that the notion of privacy is fast becoming obsolete and online data is "cyber breadcrumbs that are easily tracked by a good divorce lawyer."

Continue reading "Wife Learns of Husband's Cheating on Facebook" »

When Brooke and NASCAR star Jeff Gordon divorced in 2003, and she kept her married name, neither party could have conceived that that last name would create as much controversy as it has. Although both parties have since remarried, Ms. Gordon continues to fight with James Dixon II, the father of her child, over her decision to give the child her last name.

In a letter to Ms. Gordon's attorney, the attorney of the baby's father wrote, "It is absolutely inappropriate for [the child] to be legally named after Jeff Gordon, which is neither his father now a blood relative. We understand that Ms. Gordon desired to keep her ex-husband's last name, which is certainly her choice. But she planned to have a child and did have a child with James Dixon -- not Jeff Gordon."

Continue reading "Former Wife of NASCAR Driver in Dispute Over Her Baby's Last Name" »

According to a recent survey of married couples, as many as 80% say they spend money on things they fail to tell their spouses about. The study, commissioned by a North Carolina-based debt management firm CESI Debt Solutions, claims that nearly 20% of married couples have a secret credit card or bank account.

So why do spouses refrain from telling their partners about how they're spending money? More than one-third of respondents indicated that they fear the truth would cause fighting or worse - a divorce. While some couples blame the potential fallout from revealing their secrets, some didn't see the necessity - 46% of respondents maintained they were paying off debt, so the didn't see a need to tell their spouses.

Continue reading "New Study Says Married Couples Financially Dishonest" »

Clients who have recently gone through a divorce don't see the advantages to marriage, but there are many. Besides the emotional benefit - married men live longer, happier lives than their single counterparts - there are more than 1,100 federal and over 300 state economic and social benefits according to the General Accounting Office.

Estate Taxes
Upon a spouse's death, a married person automatically inherits all of the property of the deceased spouse without having to pay estate taxes. Most partners will have to pay estate taxes on the inherited property.

Family Leave
Married workers are entitled to an extended, unpaid leave from their jobs to care for an ill spouse. Unmarried couples do not have that right.

Health Insurance
Most employers who provide health coverage only provide it employees and their spouses. Those who are afforded the benefit of covering a partner must pay federal taxes on the value of the insurance.

Hospitalization
Married couples have the right to visit one another in the hospital and make medical decisions. Unmarried couples may be prevented from visiting a loved one in the hospital and probably won't be allowed to make medical decisions.

Continue reading "What's the Benefit to Getting Married?" »

In North Carolina, custody of minors is determined by the court applying what is called the "best interest" standard. If, after going through Custody Mediation, the parties haven't reached an agreement, the court intercedes. With the best interest standard, the court determines an arrangement that it believes will be in the best interest and welfare of the minor.

In making the determination as to custody, the court will consider the following factors: acts of domestic violence between the parents; the wishes of the child; the educational, physical, and emotional needs of the child; the capability of each parent to provide for the child; and the likely effect of any change in circumstances on the child.

All findings must be supported by fact and the court makes no presumption as to which parent will promote the best interest of the child. Once the court determines the arrangement that is in the best interest of the child, the court will grant custody to one or both parents and specify visitation times. The court can then alter the arrangement if it deems necessary.

Continue reading "How is Child Custody Determined in North Carolina?" »

In a divorce proceeding, one of the most important things the court does is divide property. In North Carolina, the courts provide for an equitable distribution of property between parties and label property marital, separate, or divisible.

Marital property is all real and personal property acquired by either spouse or both spouses during the course of the marriage before the date of the separation. Marital property includes pension, retirement, and other deferred compensation rights. The court presumes that all property acquired after the date of marriage and before the date of separation is marital property. The exception to this is property that the courts deem separate property.

Continue reading "How Do North Carolina Courts Determine Property Division?" »

A recent survey from Adoptive Families magazine found that nearly half of all those looking to adopt have been affected by the stagnant economy.

In recent years, many families wanting to adopt have looked to foreign countries, however, the costs associated with an adoption of a foreign child can be in excess of $40,000. Domestic adoptions on the other hand can be as much as 50% less expensive as compared to foreign adoptions and have therefore seen a recent rise in popularity.

Continue reading "Domestic Adoption in a Struggling Economy" »

The Louisiana House recently passed a bill authorizing casinos to withhold winnings for child support debts. The bill will only affect winnings of $1,200 or more which is the same level at which casinos have to issue a federal tax report document.

The bill will be enforced by the casinos referring to a list of deadbeat parents supplied by the state Department of Social Services. Proponents of the bill praise the bill based on the more than $1 billon in past due child support owed to children in Louisiana.

Continue reading "State Seeks to Garnish Gambling Winnings for Arrears; NC Soon to Follow?" »

A new study has shown, contrary to popular belief, that parents of children with autism are no more likely to separate than parents of children without developmental disabilities. Researchers analyzed 78,000 kids in order to settle the dispute over autism's contribution to the divorce rate. According to researchers, 65 percent of autistic children's parents are married as compared to 64 percent of children without the disorder.

Brian Freedman, clinical director of the Center for Autism and Related Disorders at Kennedy Krieger Institute in Baltimore stated, "while there are indeed stressors in parenting a child with autism, it doesn't necessarily result in the family breaking up more often than would occur in another family." The new finding, Freedman says, will hopefully relieve some of the stress parents of children with autism feel. Families he has counseled often tell him they feel they have gotten two diagnoses at once: a child with autism and a prediction of divorce, when they hear the oft-quoted figure of 80%.

Continue reading "Study Shows Divorce Rates Equal for Parents of Children with Autism as Without" »

Yes. In North Carolina, child support can be garnished from the unemployment earnings of a responsible parent. Due to the recent economic downturn and high levels of unemployment, many child support cases have one or both spouses receiving unemployment earnings. The important thing to remember is that unemployment earnings are not exempt from garnishment by the court.

According to North Carolina law, when a parent is under a court order or other written agreement to provide child support a court may garnish up to 40% of the responsible parent's monthly disposable earnings. North Carolina law defines disposable earnings as that part of compensation paid to the responsible parent for personal services that remains after deduction of any amounts required by law.

Continue reading "North Carolina Child Support: Can It Be Garnished from a Parent's Unemployment Earnings? " »

Representatives from the Gaston County commissioners' office have converged in Raleigh to drum up support for a resolution that would require North Carolina couples to wait 30 days before marrying so that they can obtain premarital counseling. Lawmakers from the region think such a requirement would make marriages stronger. Rep. Bill Current (R-Gaston) believes the legislature spends time trying to fix problems that result because of failed marriages.

For Gaston County, the resolution, which wouldn't require the waiting period for people who can provide proof they've already had premarital counseling, is aimed at reducing its divorce rate. The national average is 50 percent; North Carolina's average is 56%; and 59% of marriages fail in Gaston County.

Gaston County Rep. Wil Neuman (R) believes counseling would help couples prepare for problems down the road. In part, the resolution reads, "The emotional and financial impact to families, especially those involving young children, is devastating and leads to social, behavioral and physical maladjustments to be addressed by physicians, the clergy, social services, police, health and mental health and schools."

Continue reading "County Hopes to Require 30-Day Waiting Period to Wed in North Carolina" »

A recent US Supreme Court opinion has addressed child custody disputes that extend beyond US borders. The Court has established that a parent's ne exeat right creates in that parent a right of custody under the Hague Convention on the Civil Aspects of International Child Abduction. A ne exeat right grants one parent the authority to consent before the other parent may take the child to another country.

In the case of Abbott v. Abbott, Chilean law granted the father, a British citizen, a ne exeat right. Soon after the father was given this right, the mother, a U.S. citizen, removed the child, also a U.S. citizen, from Chile without the father's or the court's permission.

The Court stated that the only remedy for violation of a ne exeat right is an order of return of the child. The Court supported their decision from international case law, which confirms broad acceptance of the rule that ne exeat rights are rights of custody that require a return remedy. Although a parent with a ne exeat right has such a remedy, a return order is not automatic if the abducting parent can show that an exception to the Hague Convention applies.

Continue reading "US Supreme Court Addresses International Child Custody Disputes" »