Alimony

Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

October 26, 2014

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such as a Marital Settlement Agreement or Contract of Separation and Property Settlement Agreement, is a written contract between a husband and wife wherein they reach various agreements related to their marital separation. Some of the dangers of a do-it-yourself separation agreement are delineated below. Many…

Attorney’s Fees Awards in Actions for Postseparation Support and Alimony

September 15, 2014

A spouse who is dependent upon another spouse for financial support may find herself/himself with little or no income and limited financial resources when the parties separate. Financial constraints can make it difficult for a dependent spouse to retain an attorney to pursue claims for postseparation support and/or alimony. In order to level the playing field and allow a dependent spouse to employ legal counsel and litigate on substantially even terms, North Carolina law authorizes…

Truth or Consequences: The Impact of Lying in Your Domestic Case

August 11, 2014

There are many reasons why people lie – tell an intentional untruth – during domestic cases. When the stakes are high, such as when someone is faced with losing custody of their child or a spouse whom they still love, it is not surprising that they may embellish or outright lie to try to bolster their case, conceal evidence that may be damaging to their case, or make false allegations to try to hurt or…

How Will Adultery Affect My Divorce Case?

July 18, 2014

What we generally think of as “adultery,” is referred to by North Carolina Gen. Stat. 50-16.1A(3)(a) as “illicit sexual behavior” which is defined as “sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse” that occurs during the marriage and prior to or on the date of separation. Adultery is one of the common reasons a marriage…

Choosing the Best Lawyer for Your Divorce

March 22, 2014

Amid the angst and turmoil surrounding separation and divorce, one of the most important decisions that you will make will be your choice of an attorney. It is important to have a lawyer who inspires your trust and confidence, but also a lawyer who has expertise in the area of the law in which you need assistance. Even if you believe your divorce will be fairly amicable, or you do not have a large marital…