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When courts in North Carolina determine that one spouse is a dependent spouse and the other is a supporting spouse, alimony is often awarded to the dependent spouse. Alimony is intended to allow the financially dependent spouse the means to maintain the standard of living they became accustomed to during the marriage, but North Carolina courts must consider numerous factors before deciding whether to award spousal support. Continue reading →

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When trial courts enter orders in family law matters, such as alimony orders or equitable distribution orders, either party may appeal as long as they meet the requirements. There are various stipulations, such as rules about appealing interlocutory or temporary orders, but the general rule is that orders entered by trial courts are appealable if done at the right time.

Once an appeal has been filed and noted, can the court that entered the appealed order issue other orders in the same matter?

Crowell v. Crowell

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When requesting a modification to spousal support, the requesting party must show that there has been a substantial change in circumstances to warrant an adjustment. A spouse paying support may believe that a decrease in their income is sufficient to establish a change in circumstances, but do North Carolina courts agree? Continue reading →

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Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most of the time has physical custody. Legal custody carries the right and responsibility to decide on important matters for a child’s welfare and best interest. Continue reading →

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North Carolina General Statutes outline several factors that courts should consider when determining if alimony is appropriate in a divorce case and how much support should be awarded. Income, length of the marriage, the health of the spouses, the expenses of the dependent spouse, and various other elements are used to determine alimony. Continue reading →

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Assets and debts are divided either equally or equitably in North Carolina divorces. Tangible property like vehicles, houses, furniture, and jewelry can be included in this distribution, as can intangible assets like bank accounts and retirement accounts. Military pensions are also subject to distribution in a divorce, but they are handled slightly differently from other accounts like 401(k)s and IRAs. Continue reading →

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North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other spouse granted permission or if both spouses had affairs, but this is the general rule courts follow when ruling on alimony in North Carolina. Continue reading →

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A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good faith and does not have the means to cover the costs. Continue reading →

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The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case lives, but identifying which court is the correct venue to initiate your divorce action can be more complicated. Continue reading →

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On a national level, the number of marriages has begun to increase after taking a dive in the couple of years following the COVID-19 pandemic. Even though more people may be getting married now, there are still a significant number of unmarried couples who live together in North Carolina. If you are unmarried, does North Carolina allow a lesser-earning or dependent partner to receive alimony or to seek equitable distribution during a breakup? Continue reading →