Mary-Kate Olson is separating from her Husband, but doing so during the novel Coronavirus pandemic lockdown has presented some problems. Reportedly, Ms. Olson requested an emergency proceeding to protect her home and personal property, stating, “I am petrified that my husband is trying to deprive me of the home we have lived in and if he is successful, I will not only lose my home but I risk losing my personal property, as well.” A New York judge denied her request, stating it was non-essential. While New York divorce law is vastly different than North Carolina, the novel Coronavirus pandemic has affected Courts everywhere. Similarly, North Carolina courts are closed for non-emergency matters.
Pursuant to North Carolina Chief Justice Cheri Beasley, all superior court and district court proceedings must be scheduled or rescheduled for a date no sooner than June 1, 2020, unless, among other things, the proceeding is for the purpose of obtaining emergency relief; e.g., a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, civil commitment order, etc. If you or someone you know is afraid that your spouse will hide assets or money away from you in order to deprive you of your home, money, or property, a Temporary Restraining Order and/or a Preliminary Injunction may be available to you to prevent this issue.
This type of relief is available before or after June 1, 2020. Please contact an attorney at Miller Bowles Cushing to discuss your rights and options.