Tag Archives: Divorce

Court Of Appeals Denies Jury Trial On Motion To Void Collaborative Law Agreement

In the case of Kiell v. Kiell (September 5, 2006), the North Carolina Court of Appeals held that a party claiming fraud in the inducement of a collaborative law agreement was not entitled to a jury trial.  Rather, the Court … Continue reading

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Court Of Appeals Denies Jury Trial On Motion To Void Collaborative Law Agreement

In the case of Kiell v. Kiell (September 5, 2006), the North Carolina Court of Appeals held that a party claiming fraud in the inducement of a collaborative law agreement was not entitled to a jury trial.  Rather, the Court … Continue reading

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

Husband’s Failure To Disclose Assets Is Basis For Constructive Fraud

In the case of Searcy v. Searcy, the Court of Appeals in a decision filed September 20, 2011, reversed the trial court and found that there was an issue of fact with regard to constructive fraud when the husband failed … Continue reading

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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

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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

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

The Effect Of Divorce On Wills

In North Carolina, the entry of a divorce decree revokes by operation of law any provisions in the other spouses’ will in favor of the divorced spouse.  North Carolina General Statute Sec 31-5.4 provides that the dissolution of a marriage … Continue reading

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