Charlotte Divorce Lawyer Blog

There's always been an assumption that a bad economy leads to more divorces, but is this a true? Earlier this month, the National Marriage Project released findings from a survey of over 1,000 married Americans , aged 18-45, regarding the state of their marriages in relation to the economy. Of the respondents, about one-third indicated that the economic downturn had, indeed, affected their marriage. But a similar number reported that the economic strain had actually strengthened their marriage.

The report also found that about 38% who had been considering divorce before the economic downturn decided to stick it out. Some observers theorize that people are remaining married, not because of a desire to remain together, but because of the financial impact a divorce causes.

Continue reading "Does a Bad Economy Increase Divorce Filings?" »

Montana House Majority Leader Tom McGillvray (R-Billings) has introduced HB438 to the Montana House of Representatives, which would require couples with minor children to undergo at least 10 hours of marriage counseling in the last 12 months in order to be granted a divorce.

During legislative hearings earlier this month, a professional counselor testified that she's had a "50-year-old man telling me he still wished that his parents would get back together [because] this bill would slow down the rush to divorce court when the struggles of marriage become overwhelming." Other supports say that counseling can save some marriages because many don't explore the nature of their problems or the effects a separation may have on their children.

Continue reading "Montana Considers Requiring Counseling Before Divorce" »

Due to a large presence of individuals that are avid hunters, many individuals come to our office with a single question in common: Can my firearms be seized, and if so, why? Well if someone has obtained either an ex parte Domestic Violence Protective Order, also know as a Restraining Order or 50B, against you, the answer is Yes.

In North Carolina, the Legislature has codified multiple reliefs under Chapter 50B for Restraining Orders and Domestic Violence Protective Orders. In addition, the statute states that an emergency or ex parte order MUST include the surrender of firearms if the court finds that the defendant has (i) used, or threatens to use, a deadly weapon, (ii)
has seriously injured the aggrieved party or a child, (iii) threatens to seriously injure or kill the aggrieved party or child, or (iv) threatens suicide.

Continue reading "Can My Guns be Seized for Domestic Violence in North Carolina?" »

As is the case with most Charlotte Divorce Attorneys, the majority of our clients meet with us prior to the date of his or her Separation. Even though most clients are more concerned with the contents that will be included within a Separation Agreement, there are some interesting procedural requirements that must be met in order to effectuate a valid Separation Agreement.

Even though a Separation Agreement also known as a Property Settlement Agreement is essentially a contract between two parties, North Carolina has additional statutory requirements that must be met to properly construct a Separation Agreement. Under North Carolina General Statute § 52-10.1, a Separation Agreement must be (i) in writing and (ii) acknowledged by both parties, before a certifying officer.

Continue reading "What Makes a Separation Agreement Valid in North Carolina?" »

Chelsea Clinton, daughter of former President Bill Clinton and current Secretary of State Hillary Clinton, is reportedly over just six months after it began if stories in the National Enquirer have any truth to them. The thirty-year-old and her husband are said to have gotten into a fight over starting a family.

That was three months ago - before her husband, Marc Mezvinsky, quit his hedge fund job with 3G Capital Management and took off for an extended ski vacation in Jackson Hole, Wyoming. The magazine also claims Ms. Clinton is seeking an annulment with the help of her father's influence.

Continue reading "Marriage of Former First Daughter Over?" »

With the 26th Judicial District being home to the largest Family Court, Charlotte, North Carolina sees a great deal of litigation regarding the contractual viability of Separation Agreements. In Johnson v. Johnson, the North Carolina Court of Appeals deemed Separation Agreements as "special agreements" that warrant equity's intervention, even in the absence of actual fraud, if the Agreement is manifestly unfair or obtained during duress.

Under Garris v. Garris, the North Carolina Court of Appeals held that Separation Agreements may be set aside if they are "unconscionable" in light of all the facts and circumstances. As convoluted as the law can be, one might ask himself what this really mean? Well, the court in Garris went on to say that "Unconscionability involves both procedural and substantive unfairness.

Continue reading "Can a Separation Agreement be Overturned in North Carolina?" »

In Massachusetts, there's a law that guarantees alimony for life, but if some activists and legislators have their way, the law may change. After stories of debt caused by alimony appeared on a website, Boston-area media outlets sought to verify them. Once they had, the movement began to rewrite the law.

For many paying alimony, it can't come at a time too soon - alimony continues beyond retirement until death. Many are fed up with having more than half of their social security checks garnished for alimony. Others, who aren't retired yet, don't think it's right to pay alimony for a period longer than the marriage lasted. One of those people, the movement's founder, was denied a reduction in alimony payments because the judge accused the self-employed man of lying about his financial standing. Because of the mounting debt caused by years of making the alimony payments after his business closed, he was forced to declare bankruptcy.

Continue reading "Massachusetts Considers Alimony Overhaul" »

Former stripper Elina Margolina, who in 1995 married the manager of the Chicago gentleman's club where she worked, is now seeking sole custody of the couple's son, claiming that Nelson Derbigny has violated their 2007 divorce and custody agreement in which he agreed to raise the boy in the Jewish tradition.

Derbigny, now a real estate agent, argues that Margolina wasn't a Hasidic Jew at the time they divorced and the restrictive nature of the religion is having a negative impact on his upbringing. "I am trying to teach him that he can be Jewish, but it doesn't have to limit him in his exposure to other outside pursuits. You know, you can be Jewish and and not have to wear it on your sleeve every day."

Continue reading "Oy Vey! Custody Dispute Erupts Over Hasidic Upbringing" »

Back in 1993, the Associated Press and CBS claimed Super Bowl Sunday was a "day of dread" for women across the country due to increased incidents of domestic violence. This caused women advocates and media mailings to warn women not to "remain at home with him during the game." But equity feminist and American Enterprise Institute scholar Christina Hoff Sommers and Washington Post reported Ken Ringle have found that the claim was nothing more than hysteria and that women face the exact same danger on Super Bowl Sunday as on any other day.

"Women who are at risk for domestic violence are going to be helped by state of the art research and good information," Sommers said. "They are not going to be helped by hyperbole and manufactured data." Investigative journalist Philip Cook agrees. "There are more myths, misinformation and half truths about domestic violence than other significant social issue. [These] myths, misinformation and half truths get accepted without critical journalistic thinking and inquiry."

Continue reading "Alleged Link Between Super Bowl & Domestic Violence Debunked" »

The Missouri Supreme Court last week ruled in favor of a Guatemalan woman who lost custody of her infant son in 2007 after an immigration sweep that led to her two-year prison sentence for aggravated identity theft. In its ruling, the Court determined that the state failed to follow its own laws for terminating parental rights, which allowed for the adoption of the woman's son.

The woman, Encarnacion Bail Romero won't automatically regain custody of her son, who is at least four now. Instead, the state will need to follow proper procedures and hold a new trial to determine whether her parental rights should be terminated. Ms. Romero's parental rights were terminated in 2008, and her son was adopted by a Carthage, Missouri couple.

Continue reading "Immigrant Prevails in Missouri Adoption Dispute" »

If you are currently involved in litigation for Equitable Distribution or know that it is likely that litigation will occur, you will be required to produce an extremely large amount of information for discovery procedures in North Carolina.

In addition to mandatory discovery requirements for Equitable Distribution in Charlotte- Mecklenburg County, North Carolina, opposing Attorneys are usually entitled to compel you to produce each and every financial document that exists relating to business entities that you are involved in as well as bank and credit card statements for each and every account you are listed upon.

Continue reading "Mandatory Discovery in Mecklenburg Equitable Distribution Cases" »