FAMILY LAW BLOG
Understanding Absolute Divorce
Have you been separated from your spouse for over one year? Have you lived in North Carolina for the past six months? Do you plan to waive alimony and property/debt issues? If your answer to all of these question is “yes”, then you qualify for an absolute divorce!...
Will I Have to Pay Spousal Support?
On a regular basis, I hear from my clients the scenario that one of the spouses is staying at home for any number of reasons. It could be that the recession of 2008 hit the family pretty badly and one spouse lost his or her job. It could be that employer of one of the...
Homosexuality Not A Reason to Deny Custody
In Pulliam v. Smith, 348 N.C. 616, 501 S.E.2d 898 (1998), the North Carolina Supreme Court held that the homosexual parent is entitled to the same consideration as the heterosexual parent in decisions on custody and visitation. A parent’s homosexuality by itself...
Do Women Have Advantage in NC Custody?
Men ask me frequently if women have an advantage in NC custody cases. These men are trying to figure out whether or not the judge is going to give their wife preferred treatment in a child custody trial and my answer is sometimes but not for the reason you think. The...
I Can’t Pay My Support Payments
If you have been laid off from your job or you have changed jobs and you now make less than you did when your child support payments were set, you may be able to ask the court to lower your payments. In N.C. child support payments can always be changed regardless of...
What is Divorce From Bed & Board?
Divorce from bed and board is a fault based divorce that really isn't a divorce at all but rather is a legal separation. Normally, a complaint for divorce from bed and board is brought when both parties are still living together and one party is having an affair,...
Does NC Have Common Law Marriage?
Common law marriage takes the place of a legal marriage ceremony which requires a marriage license by allowing couple to become married after they have lived together for a certain period of time. NC does not have common law marriage. <!-- [et_pb_line_break_holder]...
International Kidnapping
If you are afraid that your child's other parent may try to take your child out of the country then you should act quickly. It is much easier to prevent international kidnapping than it is to get your child back once out of the country. The 1980 Hague Conference...
Divorce for Couples With High Net Worth
Divorce can be a difficult process for anyone but it can be particularly difficult for couples who have a high net worth. These couples have often worked hard and spent many years delaying spending money on things they want. It may be that both couples are...
How Much Alimony Will I Get Pay?
There are no set guidelines for awarding alimony. The judge will review evidence of financial records, income, bills, and debts. The judge can also consider marital misconduct. Having considered all the factors including the amount the supporting spouse is capable of...