North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Since 1991 the divorce statute has explicitly acknowledged that the court may enter judgment either upon nontestimonial, verified evidence pursuant to Rule 56 (summary judgment) or upon a plaintiff’s appearance and giving in-person testimony at court proving the allegations of the complaint. Even though the defendant may have filed an answer admitting all of the […]
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In non-summary judgment divorces, the court will typically call the case for trial and the plaintiff (and counsel for the plaintiff, if the party is represented) will come forward. Usually the defendant and his or her attorney are not present. The plaintiff will be sworn and placed upon the witness stand. Counsel for the plaintiff […]
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You should also be aware of a federal statute, known by the acronym “COBRA,” that extends additional medical insurance protection to the dependents of an employed-insured spouse who is separated. Under COBRA certain beneficiaries of health insurance policies who would otherwise lose group coverage upon divorce or separation have the right to continued health care coverage […]
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Divorce from bed and board is a fault-based action, usually brought by an injured spouse to get the court to order the other spouse out of the residence. If brought in conjunction with other claims (custody, child support, distribution of property), a judicially ordered separation pursuant to the prayer for divorce from bed and board establishes […]
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Only the injured party may apply for a divorce from bed and board.
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The method for proving any of the six grounds for divorce from bed and board is the same as the proof required for any of those same grounds under the alimony case law, reviewed in the spousal support section of this chapter. The complaining party must prove the ground by the greater weight of the […]
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The party defending against an action for divorce from bed and board has the common law affirmative defenses still available in the alimony context, i.e., condonation, connivance, collusion and recrimination, also discussed in more detail in the alimony section of this website. The simple fact of the parties’ reconciliation while the action is pending is […]
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Can I use divorce from bed and board to force my spouse out of the house? As an action seeking a judicially authorized separation, an action for divorce from bed and board is seen by North Carolina courts as an appropriate vehicle for awarding exclusive possession of the marital home. A divorce from bed and board […]
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In North Carolina, a parent may not change the name of a minor child without the consent of the other parent, except in the following instances: the other parent is deceased; the minor child has reached the age of 16; the minor child has the consent of the custodial parent who has supported the minor […]
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