Recent Case Descriptions

Each case is different and the results of cases reported here cannot be used as a basis for predicting the results in future cases. Each case is judged on its own unique set of facts. The cases reported here do not represent our entire record and the outcome of a particular case cannot be predicted based on past results.

Lowery v. Lowery, 15 CVD 1542 (Alamance County District Court, September 23, 2016) - Our client is the father of two daughters, ages 12 and 11. Since 2011, the children had lived nearly 80% of the time with our client’s ex-wife in Alamance County, spending only every other weekend with our client at his home in Rockingham County. They attended public schools in Alamance County. In August 2015, our client’s ex-wife filed suit seeking to prevent our client from having any custodial time with the children except through supervised visitation. She contended that our client was drinking alcohol to excess during his custodial time and created an unsafe environment for the children. Our client counterclaimed, seeking to equalize the children’s custodial time between his residence and his ex-wife’s residence. The case was tried over four days. At the conclusion of the trial, the trial judge found that it was in the best interest of the children for them to spend equal time with both parents and to attend a specialized private school approximately equidistant between their two homes. The custody order he signed placed the children on a week-on/week-off custody schedule, which commenced in time for the new school year

Ovando v. Bowen, 16 CVS 1269 (Wake County Superior Court, August 25, 2016) - Unbeknownst to our client, her husband began a sexual affair with a co-worker, who also purported to be our client’s good friend. The affair continued throughout our client’s pregnancy with her first child. She learned of the affair shortly after giving birth. Ultimately, the affair led to her husband leaving her and seeking a divorce. We sued her husband’s co-worker for alienation of affections and criminal conversation, which are so-called “heart balm torts.” The co-worker admitted to the existence of the affair, as did our client’s husband. Shortly following mediation, the case settled for $350,000.

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