North Carolina Divorce Lawyers Blog

Articles Tagged with separation

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Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower court’s decision. Interlocutory appeals present unique challenges when determining appellate jurisdiction because there are strict rules concerning the types of orders and judgments that can be appealed, such as whether or not the appealed ruling is considered final. Continue reading →

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Which spouse will stay in the marital home and who will pay the mortgage during separation are among the many considerations in divorce matters. If the spouse who is not staying in the home pays the mortgage, do they get reimbursed for that money after the divorce? What happens if the marital home is awarded to the spouse who paid the mortgage? Continue reading →

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By Paul K Mengert, II, JD

Moving out is not a good first step to divorce.

Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision. Continue reading →

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In the intricate world of family law, the equitable distribution of assets during a divorce can often lead to contentious disputes. A notable example is the case of Roberts v. Kyle, Executor of the Estate of Roberts. This case sheds light on the challenges courts face when determining the classification of personal vs. marital property in the context of divorce proceedings. Continue reading →

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North Carolina General Statutes outline several factors that courts should consider when determining if alimony is appropriate in a divorce case and how much support should be awarded. Income, length of the marriage, the health of the spouses, the expenses of the dependent spouse, and various other elements are used to determine alimony. Continue reading →

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A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good faith and does not have the means to cover the costs. Continue reading →

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North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is yes.

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Alienation of affection and criminal conversation may be available legal remedies in North Carolina if your spouse has an affair. Alienation of affection holds the paramour (the person your spouse cheats with) liable for interfering in a marital relationship. Criminal conversation holds that person responsible for engaging in sexual activity with someone else’s spouse.

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The US Constitution’s Full Faith and Credit Clause[1] requires states to honor certain orders from other states, including divorces, child custody, and spousal support. However, not every family law matter is straightforward, and moving to North Carolina from out-of-state may present some challenges and unexpected changes. Continue reading →