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Raleigh North Carolina Family Law Blog

Multiple Deployments And Tours Of Duty Take Toll On Military Families

Approximately 2.4 million American military service members have directly contributed to the wars in Iraq and Afghanistan, spending time away from their families here in North Carolina and throughout the U.S. About 10 percent of those service members have completed three or more deployments.

While the full sacrifices these families are making are immeasurable, the toll that the wars and constant travel are taking on families is all too clear. The military divorce rate has surpassed the civilian divorce rate and continues to climb. According to Pentagon statistics, 3.7 military marriages end in divorce each year. The civilian rate is 3.5.

"Sometimes the divorce isn't an event, it's just something that happens," noted one Army Sergeant 1st Class. "You're gone so much you don't know the person anymore."

Should Kim Give Back Her Engagement Ring As Part Of Divorce?

Kris Humphries, the 27-year-old basketball player who married Kim Kardashian in a lavish, televised ceremony last year and now going through divorce, wants the 20-karat diamond engagement ring he proposed to her with, back. According to some reports, the rock cost about $2 million. Humphries is arguing for an annulment of his 72-day-marriage to Kardashian, calling it a fraud.

Engagement rings are typically considered 'conditional gifts' meaning that once a couple is married, the ring belongs to the recipient (generally the wife). But, if the marriage does not occur, the ring belongs to the person who purchased and gave it (generally the man who proposed). In North Carolina, it does not matter if the man or the woman broke off the engagement, the ring must still be returned to the person who gave it if a wedding does not occur.

North Carolina Voters Define Marriage As One Man And One Woman

North Carolina voters officially defined marriage as being only between a man and a woman, making same-sex marriages unconstitutional in this state. As we discussed previously on this blog, several other states had already voted to approve amendments to their constitutions prohibiting gay marriage. North Carolina has now become the 30th state to do so. The amendment also prohibits civil unions and domestic partnerships for both same-sex and one-man-one-woman relationships

However, the vote may have little effect on same-sex couples throughout North Carolina. Same-sex civil unions were not recognized here and same-sex marriages were already prohibited by North Carolina law. Some local governments, including Durham County and Orange County, extend the same benefits to same-sex couples as are offered to married couples; officials don't expect that to change in light of the Constitutional amendment.

Toddler In UAE At Center Of International Child Custody Dispute

After three tours in Iraq, former U.S. Army Major Charles Peters left the military and took a job as a defense contractor. He, his wife and their daughter moved to Dubai, part of the United Arab Emirates (UAE) where he trains UAE soldiers. Multiple tours had weighed on their marriage but Stacy Peters had hoped that the move and her husband's career change would help.

After returning home from work in March, Stacy found her belongings outside of their Dubai home and a note from her husband informing her that he intended to file for divorce and had taken their daughter with him. Stacy returned to Tennessee and is now stuck in an international custody dispute with her husband over their 14-month old child.

Father Fights For Right To Child Custody Despite Adoption

An unmarried father came away with a recent victory in the almost five-year battle he has waged to obtain custody of his daughter. He now has visitation rights to his daughter, whom he's only been allowed to see once in the four and a half years since her birth.

Rob Manzanares wasn't married to the mother when their daughter was born, but he filed a paternity suit to establish that he was the girl's father prior to her birth. The mother acknowledged that Manzanares was the girl's father and a final order of paternity was entered by the Colorado court shortly after the baby was born. Just before the baby's birth, the mother moved to Utah and consented to the baby's adoption by the mother's brother and sister-in-law. Manzanares objected to the adoption and continued to assert his rights to custody and/or visitation as the child's biological father.

Letting Your Children Know You Are Getting Divorced

Once you and your spouse have decided, or one of you has decided, that it is time to end the marriage, you will have to tell your children. They may or may not already be aware of problems in the family, but the divorce may still come as a complete shock. How you talk to your children about the divorce - whether you and your spouse are able to jointly discuss the changes, the words you choose to tell your children and how well you listen to their responses and questions - may do wonders for how your children handle the changes that they will also face because of the divorce.

When discussing divorce with your children, keeping the following suggestions in mind may help keep communication lines open during and after the legal process:

  • Tell your children that the divorce is not their fault. Do not assume that they know, regardless of whether they are five or 15, that they did not cause the marriage to break down.
  • Do not put pressure on your children to choose. Asking your children to choose between you and their mother or father unfairly puts them right in the middle of any disputes over child custody arrangements.

Former 'Pregnant Man' Files For Divorce, Cites Domestic Violence

Allegations of abuse are going both directions in divorce documents filed recently by Thomas and Nancy Beatie. Thomas is more famously known as the "pregnant man." Although he had undergone the external transition from female to male, including have his breasts removed, he left his internal female organs intact and was able to become pregnant. Thomas made news in 2008 when delivered, not by C-section, the first of three children he now shares with Nancy.

Thomas claims that Nancy kicked him in the genitals earlier this year, along with several other instances of abuse. Nancy claims that she was the victim in the marriage and that Thomas repeatedly emotionally and physically abused her throughout the course of their nine year marriage.

It's not uncommon for domestic abuse claims to be made during divorce proceedings. The existence of an abuse in a marital relationship can be a reason to unequally divide property or to favor one parent over the other in determining child custody issues. Fearing retaliation from a spouse for filing for divorce should not stop you from ending abusive marriage. It is possible to obtain a restraining order against your spouse if domestic violence is an issue in your situation.

Using A QDRO To Divide Retirement Accounts During Divorce

Dividing assets during a North Carolina divorce must be done in an 'equitable' manner. For retirement accounts - like a 401(k), 403(b), pension or other savings - that means that what you have accumulated over years of working may not be all yours to keep. Retirement assets can be divided during divorce.

When one spouse receives all or a portion of the other spouse's retirement account(s) as part of a North Carolina divorce, a Qualified Domestic Relations Order (QDRO) should be drafted to ensure that the retirement funds are properly distributed. It's quite possible that you or your spouse are several years away from actually drawing on your retirement accounts; a QDRO that is properly drafted should ensure that, when the time comes, the retirement assets are distributed according to the divorce agreement.

Golden Girl Betty White On Two Divorce: They Were Just Rehearsals

Part of going through or contemplating divorce is often swearing off dating or promising yourself that you are never getting married again. But, there is no need to give pup on love entirely. Former Golden Girl Betty White has a different spin on her first two marriages that ended in divorce, "The first two were... rehearsals."

Betty White was married to her third husband, Allen Ludden, for 18 years before he passed away. Her first two marriages lasted under a combined three years. Despite the eventual success of her third marriage, White was also hesitant to marry again after her first two tries turned out to be less than successful.

It took a year of proposals before she finally said yes to Ludden. A white stuffed bunny, laden with diamond earrings and carrying a note asking her to "Please Say Yes?" finally won her over.

Staying A Part Of Your Child's Life Through Skype, Facebook, Email, Texts

North Carolina child custody law specifically allows for virtual visitation or visitation by means of electronic communication if it is in the best interests of a child and is affordable to the parents. Using electronic means for communicating with a son or daughter may not be as ideal as face-to-face meeting time, but at a time when job opportunities are sending former spouses out of state, a new relationship means moving away from where co-parents were raising children or a permanent change of station takes a military parent far from his or her daughter, video-chatting via skype may be the next best thing.

Of the estimated 30 million children throughout the United States with divorced or unmarried parents, about 1 in 4 has a parent that lives in another city, making face-to-face visitation more difficult. In addition, nearly 75 percent of divorced mothers will relocate within four years of divorce or separation, according to the National Center for State Courts, making visitation schedules time-consuming and costly.

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