North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Unlike absolute divorce, a divorce from bed and board is a fault-based legal action. Despite its name, a divorce from bed and board does not dissolve the marriage: rather, it is a court-ordered decree of legal separation. In this separation, the matrimonial bonds still exist, so neither spouse has the right to remarry.
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Only the injured spouse can request a divorce from bed and board. Under North Carolina law, to qualify for a divorce from bed and board, you must show that your spouse has committed a marital fault. In this state, six types of faults will establish grounds for a divorce from bed and board.
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In distributing marital property, the court conducts a three-step analysis. Only the parties' marital property, which includes both assets and debts, is to be distributed.An order distributing the parties' property must contain written findings of fact supporting the court's determination that the marital property has been equitably divided.
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What is a separation agreement? A separation agreement is a contract between two spouses that states the terms under which they will live apart. In North Carolina, if the agreement deals with property issues the full legal name of such a document is a “Separation Agreement and Property Settlement.” You can see a sample here. […]
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It is not uncommon by any means for one spouse to be ready to move on, while the other is not. Divorce tends to work that way – one person wants out while the other person is left reeling in the wake, holding out hope for reconciliation. Sometimes a spouse has moved on with someone […]
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In today's world, there is no intuitive sense behind alimony. Some time ago, this was not true; the ordinary person did understand what it was and why it was required. Divorce was based on fault, women could not support themselves; thus, when the marriage broke down because of the husband's fault, the wife needed lifelong support or she would face starvation.
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Currently in North Carolina, virtual visitations are sometimes agreed to in child custody hearings, but usually between the parties, not as a court order. “Making this legislation would grant more authority to the judges and sometimes it’s not clear what they can do,” says Rosen.
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Everyone has heard the story (from friends, co-workers, and family members) of the divorce from hell; the one that grinds on for years, costs untold thousands of dollars, and frustratingly plods its way through the court system. It costs people not only their marriage, but often their children, their savings, and their emotional well-being, as […]
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Rosen Law FirmNorth Carolina Divorce Lawyers How do I catch my spouse in the act of cheating? Whether it’s a shift in recent behavior, a new number on your shared phone bill with hundreds of calls that you don’t recognize, or a sinking feeling in your gut, you’ve started suspecting your spouse of cheating on […]
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Grandparents have standing to seek visitation with a minor child under North Carolina Law, under the circumstances discussed below. The chief limitation is the priority given to the right of the natural or adoptive parents to determine who their child will associate with.
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