North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Both postseparation support and alimony are now available in North Carolina to financially dependent spouses without any requirement that the supporting spouse be proven to have been at fault. This omission of the fault requirement was a very important change in our state alimony law that took effect on October 1, 1995, for actions filed […]
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Although an alimony claimant is no longer required to prove the other spouse is at fault in order to be entitled to postseparation support or alimony, the new alimony statute still retains the concept of marital fault and still permits a judge to consider evidence of fault in fixing the amount of alimony to be awarded, […]
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This fault, which used to be called adultery and unnatural sex acts (arguably more narrow concepts), can be a useful fault ground. Unlike many of the other grounds, adultery can have no legal justification–proof of the act will establish fault. Adultery may be proved by direct evidence, including the declarations of the paramour and (since 1984) […]
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The purpose of postseparation support is to enable the dependent spouse to meet his or her reasonable needs. In supporting a claim for postseparation support, complainant must also allege that he or she does not have the financial resources to meet those reasonable needs. In ordering postseparation support, the court is required to consider a […]
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The impacts in this arena could be quite severe, depending on: how long you have been dating other person(s) whether you are the “dependent” or the “supporting” spouse whether the dating began before or after the date of separation and whether the dating can be shown to embrace “illicit sexual behavior” or some other marital […]
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How do some spouses avoid paying alimony? It’s actually much harder to achieve than one would think. Alimony is based off of the earnings of both spouses and the quality of life experienced during the marriage versus what the dependent spouse would earn independently. In short, the only way to pay less money on alimony […]
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The enforcement of an alimony decree is governed by statute, which provides for various avenues of relief, including: the remedy of arrest and bail the remedies and attachment and garnishment the remedy of injunction receivership enforcement by proceedings for civil contempt and the punishment of disobedience by proceedings for criminal contempt and execution, execution sales […]
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Until recently, alimony was deductible by the payor spouse and reportable as income to the dependent spouse. As of 2018, under federal and state income tax law with regards to alimony, the new tax code change repeals the law that allowed the payor of alimony to make tax deductions on their alimony payments, thereby making […]
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There are other devices that may limit the impact or admissions of fault evidence. More generally, a spouse may also use the other spouse’s provocation or one’s own lack of willfulness as a defense to fault allegations where applicable. It may also be possible to keep certain evidence from being admitted at an alimony trial. Although […]
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For those who are contemplating, in the midst of, or just out of a divorce, the difficulties of tax season pose an even greater challenge. The stakes are high and the penalties for mistakes are severe, making it critical that you avoid the traps and missteps that plague the world of tax and divorce.
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