Monthly Archives: December 2011

When should you update your Estate Planning Documents?

Have things changed in your life since you signed your Estate Planning documents? Regardless of your age, family situation, career path, I would be expect those circumstances have changed. As an attorney, as a father, as an investor looking to … Continue reading

Posted in Estate Planning, Robert A. Wells | Tagged , | Leave a comment

Collaborative Law: Codified Under North Carolina Statutes

Effective October 1, 2003, the general concept of collaborative law was given statutory life through Article 4 of the General Statutes of North Carolina, Sections 50-70 through 50-80.  Collaborative law was officially established as an alternative to the judicial disposition … Continue reading

Posted in Divorce, Family Law, M. Douglas Berry | Tagged , , , | Leave a comment

Alienation of Affections Verdict – Jurisdiction Upheld Against California Defendant

In the August 3, 2010, case of Brown v. Ellis on remand to the North Carolina Court of Appeals, the North Carolina Supreme Court and the North Carolina Court of Appeals upheld personal jurisdiction of a North Carolina husband for … Continue reading

Posted in Divorce, Family Law, M. Douglas Berry | Tagged , | Leave a comment

Court Lacks Jurisdiction Over Property Issues

The North Carolina Court of Appeals in a case filed October 4, 2011, in the matter of Tripp v. Tripp, held that the Superior Court of New Hanover County lacked subject matter jurisdiction over the claims by one of the … Continue reading

Posted in Estate Planning, Richard Gabriel | Tagged , , , | Leave a comment

North Carolina Supreme Court Allows Termination Of Alimony Due To Cohabitation

In the decision of Underwood v. Underwood filed August 26, 2011, the North Carolina Supreme Court reversed the Court of Appeals and the trial court and held that an alimony obligation in a court order should terminate because of the … Continue reading

Posted in Child Support, Family Law, M. Douglas Berry, North Carolina Law | Tagged , , , | Leave a comment

Court Rejects Father’s Attempt To Reduce Child Support

The North Carolina Court of Appeals in the decision of Andrews v. Andrews (November 2011) was presented with the father’s attempt to reduce child support.  The father had previously held a job earning $172,000 a year.  He then voluntarily resigned … Continue reading

Posted in Child Support, Family Law, M. Douglas Berry | Tagged , , | Leave a comment

No Contempt Of Court For Violating An Erroneous Order

The North Carolina Court of Appeals in the decision of Church v. Church (now Decker) (November 2011) reversed a trial court decision holding the Plaintiff in contempt on the grounds that the underlying Order that the Plaintiff was held in … Continue reading

Posted in M. Douglas Berry | Tagged , , , | Leave a comment

South Carolina Resident Immune From Liability For Alienation Of Affections Case

In the recent North Carolina Court of Appeals decision of Bell v. Mozley (November 2011), the Defendant was a resident of the State of South Carolina with frequent business contacts bringing him to North Carolina.  The Defendant admitted to sexual … Continue reading

Posted in Family Law, M. Douglas Berry | Tagged , | Leave a comment