Separation & Divorce
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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Generally speaking, it is impossible to predict exactly how long the case will take. After the case is under way, and your attorney understands the issues, he will be better able to gauge the duration. How long it will take depends on the following factors: The number and complexity of contested issues; The attitudes of each of the parties, their attorneys, and their inclination to settle; The court’s calendar. Some hearings can usually be scheduled…
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Social Media is a new facet of communication today. We understand that everyone participates in social media to some degree. When you are involved in divorce proceedings, or any type of litigation for that matter, a good general practice is to avoid discussing any element of your case, or your spouse, in any social media forum. All social media is discoverable, and it never goes away. If you are considering divorce or litigation, be very…
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Litigation often spawns more litigation. To determine whether certain issues are worth litigating, you must weigh the price you will pay with your time, emotions, and money, against the anticipated outcome and its benefit to you. Again, your attorney will advise you on these matters. Dating prior to the final divorce: Don’t, unless your attorney has specifically advised you that it is okay. Dating prior to final divorce, or the signing of a Separation Agreement,…
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