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Civil Practice – Contempt – Domestic Relations – Equitable Distribution – Marital Home

Teresa Bruno, Opinions Editor//July 16, 2018//

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Civil Practice – Contempt – Domestic Relations – Equitable Distribution – Marital Home

Civil Practice – Contempt – Domestic Relations – Equitable Distribution – Marital Home

Teresa Bruno, Opinions Editor//July 16, 2018//

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Where the trial court failed to address whether the parties’ consent order remains in force or whether “the purpose of the order may still be served by compliance with the order,” and where the trial court failed to conclude that plaintiff’s noncompliance with the consent order was willful, the trial court’s findings of fact and conclusions of law are insufficient to hold plaintiff in civil for her failure to refinance the mortgage on the parties’ marital home.

Reversed and remanded for further proceedings.

McNamara v. McNamara (Lawyers Weekly No. 012-111-18, 10 pp.) (Valerie Zachary, J.) Appealed from Moore County District Court (Stephen Bibey, J.) Jonathan Silverman for plaintiff; no brief filed for defendant. N.C. App. Unpub.

 

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