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Divorce

Mar 17, 2026

Non-economic marital misconduct cannot justify unequal equitable distribution

A trial court improperly relied on non-economic marital misconduct when determining the equitable division of marital property. The North Carolina Court of Appeals vacated and remanded an order awarding an […]

Nov 12, 2025

Trial court’s lack of findings requires remand in alimony and contempt case

The North Carolina Court of Appeals vacated and remanded a trial court‘s order denying alimony and finding no contempt, holding the court failed to make sufficient findings of fact to […]

While the service of a equitable distribution complaint via delivery to a private mail center was upheld by the N.C. Court of Appeals, the panel ruled the complaint void because it lacked a needed party. (Depositphotos.com)
Jan 7, 2025

Equitable distribution order remanded for necessary party

While the service of process to a husband in an equitable distribution case was proper, the trial court‘s order was null and void due to the absence of a necessary […]

Depositphotos.com
Dec 23, 2024

Appeals Court remands for corrected distribution calculation

An equitable distribution order should be reversed where the trial court ordered the distribution of the husband’s sole and separate property and incorrectly calculated the sum for distribution, the North […]

(Depositphotos.com)
Nov 22, 2024

Court of Appeals tweaks equitable distribution judgment

A trial court erred when it classified a husband’s business as a marital asset and failed to credit the wife for her mortgage and tax payments as part of an […]

Jan 23, 2024

VIDEO: Five Questions With … Misty Hardison

By Rasmus Jorgenson For Misty Hardison, being a family lawyer means having a chance to help children and families get through one of the harder parts of their lives. The […]

Feb 17, 2023

COLLABORATIVE EFFORT: Ashley-Nicole Russell’s work has led to a Nobel Peace Prize nomination for the International Academy of Collaborative Professionals

As a child, watching helplessly as the fabric of her family unraveled with each bang of the gavel, Ashley-Nicole Russell decided that she would change the way divorce was handled […]

Oct 22, 2019

New resource launched for pro se divorces

The North Carolina Judicial Branch has published its first statewide “self-help packet” for couples who want a simple divorce. The new divorce packet is accessible online and provides guidance for […]

Mar 20, 2019

Dealing with timeshares in a divorce

Attorneys working in matrimonial law have to deal with the equitable distribution of various properties, both real and personal. Sometimes working out the distribution is not too involved, but sometimes […]

Nov 8, 2018

For Baby Boomers, divorce is booming, too

This is the third in a series of articles looking at how the aging of America’s population is affecting the practice of law. Divorce rates in the United States have […]

Aug 16, 2018

529 savings plan money is marital property

    The ground rules for how trial courts should handle disputes over 529 Savings Plans in equitable distribution divorce proceedings were established in a North Carolina Court of Appeals […]

Jan 29, 2018

A race to divorce? New federal tax law creates complications for some couples

The massive new tax law passed by Congress contains a potentially nasty surprise for divorcing couples that could set off a race to get separation agreements finalized by the end […]


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