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Articles Posted in divorce

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Deadlines and Notification Requirements for Appealing an Alimony Order in North Carolina

There are multiple requirements you should be aware of if you plan to appeal an alimony order in North Carolina, and the deadline for noting your appeal is among the most important. You have only 30 days to file your notice of appeal. Missing this deadline could result in the…

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Can Military Pension Be Divided in a North Carolina Divorce?

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…

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Can a North Carolina Alimony Claim be Dismissed for Adultery?

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…

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Could I be Required to Pay My Spouse’s Attorney Fees in a Divorce?

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…

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Court Venues in North Carolina: Where Should Divorce Complaints be Filed?

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…

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Can You Serve a Divorce Summons by Mail in North Carolina?

In civil cases, such as divorces and equitable distribution matters, the defendant must be served with the summons and complaint prior to the date of the hearing. While process servers and the local Sheriff’s department can serve legal documents, you may also be able to serve the opposing party by…

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Who is a Dependent Spouse in North Carolina Divorce?

Alimony is an option in North Carolina in divorces where one spouse is classified as the dependent spouse and the other as the supporting spouse. North Carolina Law and Spousal Support North Carolina General Statute Section 50-16.1A defines a dependent spouse as one who is either substantially dependent on the…

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Relocations and Concurrent Divorce Proceedings in North Carolina

North Carolina residents who have lived in the state for at least six months can file for divorce. While separation and divorce are rarely easy, recent moves can make the process even more complicated. Nlend v. Nlend In the case of Nlend v. Nlend, a husband and wife had concurrent…

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Can I Sue My Spouse’s Paramour for Their Affair in North Carolina?

Alienation of affection and criminal conversation may be available legal remedies in North Carolina if your spouse has an affair. Alienation of affection holds the paramour (the person your spouse cheats with) liable for interfering in a marital relationship. Criminal conversation holds that person responsible for engaging in sexual activity…

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How Do North Carolina Courts Resolve Matters Across State Lines?

The US Constitution’s Full Faith and Credit Clause[1] requires states to honor certain orders from other states, including divorces, child custody, and spousal support. However, not every family law matter is straightforward, and moving to North Carolina from out-of-state may present some challenges and unexpected changes. North Carolina and Divorce…

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