In the intricate world of family law, the equitable distribution of assets during a divorce can often lead to contentious disputes. A notable example is the case of Roberts v. Kyle, Executor of the Estate of Roberts. This case sheds light on the challenges courts face when determining the classification…
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…
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…
Alimony calculations can be complex, and there are numerous factors that courts must consider when deciding how much spousal support to award. Sunshine v. Sunshine The case of Sunshine v. Sunshine covered many common issues that are found in alimony arguments, including standard of living, income calculations, and marital misconduct.…
North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is…
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…
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…
Meeker v. Meeker, 2024-NCCOA-______ (2024). Facts: Husband and Wife married in 1982 and had two children. They separated in 2009 and finalized their divorce in May 2011. During their separation, they entered into a separation agreement, stating that Husband would pay Wife $7,577.78 per month in spousal support until 2025,…
Salvadore v. Salvadore, 2021-NCCOA-680 (2021 unpublished) Facts: Wife and Husband married in 1989. During their marriage, Husband would frequently change his job. Husband had a peculiar habit every time he changed jobs that required relocation to another state. He would stay in hotels and campgrounds in the new state while…
BROSNAN V. CRAMER, 2023-NCCOA-______ (2023). Facts: The facts here are simple. Plaintiff and Defendant married in 2008. After years of marriage, Plaintiff filed claims for alimony, child custody, child support, equitable distribution, post separation support (PSS), and attorney fees on October 15, 2020. Defendant filed his response on January 20,…