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North Carolina Defenses Against Alimony

In Separation & Divorce, Wealth by Sarah Hink

The events that lead to a divorce can sometimes be really unpleasant. The distrust, the accusations, and the misconduct that can end a relationship can unfortunately escalate as couples proceed toward their divorce and try to resolve their legal issues. Some couples are surprised to discover that North Carolina is a no-fault state when it comes to obtaining a divorce. This means that to obtain a divorce from a judge, a spouse only needs to prove that the couple has been separated for at least a year. Alimony is different. In fact, under the alimony laws of North Carolina, if a court “finds that the supporting spouse participated in an act of illicit sexual behavior” “during the marriage and prior to or on the date of separation, then the court …

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Defending Against False Marital Misconduct Claims

In Separation & Divorce by Sarah Hink

To state things mildly, separation and divorce can be an intense and bitter experience. Whatever sequence of events or acts that led to the separation, some spouses are absolutely set on taking the other spouse down and having their “day in court.” Unfortunately, this sometimes leads to spouses getting carried away and making false marital misconduct claims against the other spouse. So the question of the day is: should you let a false claim stand or is there a way to defend yourself? What is Marital Misconduct? Marital misconduct is defined in the North Carolina as improper acts that occur before or on the date of a married couple’s separation including: sexual infidelity; a spouse’s criminal act; abandonment; “malicious turning out of doors;” cruel treatment that endangered the other spouse’s …