Alimony
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…
Read This Article >>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…
Read This Article >>In the world of litigation, it is not always sufficient to simply offer as evidence an opinion based on conjecture or recollection. The most credible evidence is that which is supported by actual documentation or other physical evidence. If your domestic case involves contested issues of child custody, child support, spousal support, or property division, your attorney will need extensive financial and personal information and documentation from both you and the opposing party to verify…
Read This Article >>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 spouse is no longer the sole issue in the award of support to a dependent spouse. Fault on the part…
Read This Article >>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 of support from the other spouse.
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