Marital Fault and Alimony

Before mid 1995, for a court to order post separation support and alimony, there had to be a finding of marital fault. This is no longer required in North Carolina, and represents a very important change in our state laws. While not a requirement, the finding of marital fault on the part of a supporting…

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What is a Dependent Spouse?

Essential to an award of spousal support or alimony, the court must determine that the spouse requesting support is a dependent spouse, and the other party is the supporting spouse. A dependent spouse is a husband or wife who is actually and substantially dependent on the other spouse for maintenance or is substantially in need…

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What are the Benefits of Arbitration?

Image of the word CONFLICT on a red background being cut by a scissor.

The benefits of arbitration are many. The process is confidential and private unless it is provided for, and no record is kept of the proceedings. Each party has some control over the process by selecting their decision maker by mutual agreement. By contract, the parties can determine how evidence will be presented, what rules of…

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What is Arbitration?

Image of a man in a black suit and blue tie, cropped without a face, pounding a gavel.

Matrimonial arbitration can be used to resolve multiple or single family law issues which the parties agree by contract to submit to the arbitration process. Some parties are bound by the terms of prior contracts such as premarital agreements to submit their marital disputes to arbitration. Others may choose to do so, even after litigation…

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Why is ADR Encouraged?

Conflict Resolution image depicting the words "conflict" and "mediation" on a glass board. Person with red marker has crossed out "conflict" and is underling mediation.

Alternative dispute resolution can save financial and emotional costs. Not only is litigation expensive and time-consuming, but it can be very stressful. You may feel that an important part of your life is on hold while you are waiting for a trial date, wondering and worrying about the outcome. If you have to deal with…

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