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How a Criminal History May Play Into Your Divorce

In Separation & Divorce by Elizabeth Stephenson

North Carolina is a no-fault state when it comes to divorce. This means that for a spouse to obtain an “absolute divorce” from another spouse, the spouse does not need to prove the other spouse engaged in any sort of misconduct that resulted in the divorce. Instead, courts may grant a divorce upon a finding that the couple has been separated for a full year. Nevertheless, this does not mean that a spouse’s actions during a marriage have no bearing on the issues relating to a divorce. In fact, many people make mistakes and have some form of criminal history, which makes it important to understand the ways that this history may play into a divorce. Criminal Activity Can Bear on Alimony Judgments One of the significant aspects that a …

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Is There an Alimony Calculation?

In Separation & Divorce by Elizabeth Stephenson

When couples decide to divorce in North Carolina, one of the issues that can arise is that of spousal support. This is an entirely separate issue from property division (also known as equitable distribution) and from child support. If a spousal support agreement cannot be reached, a spouse can file a lawsuit asking a judge to award postseparation support or alimony. In our years of experience, alimony proceedings can be a harsh and bitter fight. If you are considering a divorce or are separated with the intention of divorcing, it is a good idea to begin mentally preparing for the issues of alimony. We frequently hear the following questions: How much should I expect to pay or receive in alimony? Is there an alimony calculation that courts implement? Unlike child …

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Alimony: What Can Be Held Against Me?

In Separation & Divorce by Sarah Hink

Alimony, also known as spousal support, is a frequently contested element of separations and divorces in North Carolina. It isn’t difficult to understand why. Separations are emotional times and are sometimes triggered by extreme animosity, so it does not help when the issue of ongoing spousal support payments arises. One spouse may feel entitled to as much support as possible, while the other completely disagrees and does not feel that they should have to pay anything. How Does Alimony Work? A court can order a “supporting” spouse to make alimony payments to a “dependent” spouse based on numerous factors set forth in the North Carolina General Statutes. These factors generally allow a court to take a step back and look at the totality of the marriage. Some of the factors …