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Charlotte Divorce Law Blog

North Carolina bill would strike foreign law from family law book

North Carolina might join the handful of other states that have made the disputed move to ban foreign laws from its domestic legal cases, family law cases in particular. Last week, the state House passed HB 695, putting it a step closer to becoming law. 

Its success thus far hasn't come without debate in the state, as has been the case in other states that have faced the same decision of whether to prohibit the application of foreign law in their courts. Critics suspect that the legal efforts are challenges to Sharia law and religion specifically. At the center of debate is whether it is ethical for the legal system to target one religion.

Popularity of NASCAR makes for big money in France divorce

Just because business is good doesn't mean a marriage is, or a divorce in the case of Brian France and his ex-wife. France, the CEO of NASCAR fought for years to keep the details of his second divorce private. He lost that battle, and now the public is learning about the dollar signs related to the high-profile, North Carolina divorce. 

With NASCAR being as popular as it is, its CEO has significant wealth to show for it. The business is worth billions, France worth millions, and his ex-wife Megan France has fought for what she thinks she and her kids are worth and what they deserve post-divorce. 

Ex's criminal conviction isn't changing alimony terms

In an out-of-state case, details of the divorced couple's story are thought-provoking enough to warrant nationwide discussion. The family law matter stands out for two reasons. First, the ex-wife is the higher earner in the situation and has been ordered to pay her ex alimony. Most interestingly, the ex-husband is accused of committing sex crimes against his ex-wife's daughter. 

This matter brings up the question of whether someone's supposed criminal activity, or even a criminal conviction, should have an impact on alimony terms or other aspects of a divorce agreement. Should the ex-wife in this case be required to pay monthly alimony if her ex was convicted of raping her own daughter? She passionately argues that she should be forced to do no such thing. 

Home buying trend has marriage, divorce planning implications

Marriage and divorce trends change from time to time. Those changes in norms often mean that family law focuses shift, too. Just because a couple isn't already married or in the process of divorce, for example, doesn't mean that there are no legal matters for them to iron out.

Coldwell Banker did a survey that indicates a notable consumer trend. Couples within the younger (marrying age) generation are commonly buying homes before getting married. Some attribute the trend to the economy and to the real estate market right now. Whatever the reason, the trend suggests that these couples have some planning to do.

Women have money and businesses to protect from divorce, pt. 2

In the past post we began a conversation about when women earn more than their husbands and what that means for marriage planning and during divorce. Talking about the what-ifs of divorce is no longer seen as a downer. It's becoming a common pre-wedding conversation that financially-savvy parties expect.

Now that more women (still not a majority) are the higher earners in the household, more women need to become comfortable protecting their money and assets. That means they need to be vocal and proactive regarding divorce-proofing their finances, perhaps even as part of the wedding planning:

Women have money and businesses to protect in divorce, pt. 1

Times change. Norms change. Gender roles change, even if stereotypes and assumptions don't. Family lawyers report that it isn't as uncommon these days to handle a divorce wherein the wife, not the husband, earns the most income in the household.

No matter their gender, higher-earning spouses have some important matters to address before getting married and during their divorce. Because the reality that is about 16 percent of households have women as the breadwinners (a significant change from the past), Forbes thought it valuable to provide some women-specific marriage and divorce tips to protect their financial stability:

Divorce process should include talk of all divorce costs

Making the decision to get a divorce often takes a lot of consideration. But the consideration doesn't end there. There are the emotional aspects of divorce, the issues of child custody and the various financial issues tied into the family law matter. Money comes into play in various aspects of divorce.

Most obviously, there is the cost of the divorce process itself. In order to get one's money worth out of that process and to avoid unneeded stress and surprises post-divorce, divorcing spouses should consider the following financial aspects of their split when agreeing to any terms:

Should North Carolina couples wait 2 years before divorce?

While the ability to divorce has helped numerous people in North Carolina get out of failing or abusive marriages, some critics believe that it is in the government's interest to make it more difficult to get a divorce. It appears that a pair of state senators are among them.

The legislators, Sen. Austin Allran, R-Hickory and Sen. Warren Daniel, R-Morganton, are sponsoring a bill that would double North Carolina's required waiting period before divorce. Couples must currently wait at least one year between filing for divorce and when they are allowed to finalize the proceeding. Allran and Daniel's bill, titled the Healthy Marriage Act, would increase that waiting period to two years.

Child support case takes turn with father's Facebook picture

It might have seemed like a fun, innocent idea at the time when a man posted a picture of him smiling with a bundle of money on Facebook. It would have been a wise idea for him to have thought about his family situation, however, before sharing a picture that has now made national news.

ABC News features the picture of the 23-year-old man and a pile of cash in its piece about how the social media sharing has impacted the user's family law matter. He reportedly has missed making any child support payments for his 3-year-old, and now authorities are wondering why.

North Carolina mayor seeks support medication during separation

A local mayor is going through the process of divorce. The North Carolina divorce isn't even finalized; yet, there are already disagreements regarding the terms of the split. More specifically, the estranged couple disagrees about how much money the husband should have to pay during the separation.

The higher-earning spouse begins paying spousal support and child support even when a couple is technically separated but not divorced yet. A judge has required the husband in this case to pay nearly $13,000 per month in combined child and spousal support. According to the wife, her estranged husband has failed to live up to that court order.