Claims of criminal conversation and alienation of affection are available in cases where one spouse engaged in an extramarital affair. These claims may be brought against the unfaithful spouse’s paramour in North Carolina, and you don’t always need strict evidence of sexual relations. Circumstantial evidence is often sufficient. Continue reading →
North Carolina has a distinctive legal system for adultery. If your spouse cheats on you during the marriage, you may be able to file a lawsuit against the other man or woman who was involved in the affair. The legal claims are called alienation of affection and criminal conversation. Continue reading →
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 →
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 yes.
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 with someone else’s spouse.
Discovering that your spouse is having an affair is a devastating blow. You might even consider taking legal action, especially if you’re residing in North Carolina, which still recognizes claims for alienation of affection and criminal conversation. But how can you navigate these emotionally charged waters legally? A recent North Carolina Court of Appeals case, Beavers v. McMican, offers some insights that may be helpful for anyone in this unfortunate situation. Continue reading →
In the Tar Heel State, the unique legal doctrines of Alienation of Affection and Criminal Conversation are still very much alive and well. In simple terms, North Carolina lets you sue someone for messing with your marriage. It’s one of the few states that still do. So, if you’re having an affair or dating someone married, it may help to know the legal risks.
In North Carolina, a private investigator (PI) can play a role in divorce cases by conducting various tasks to gather evidence and information related to the proceedings. However, the specifics of a PI’s role might vary depending on the circumstances of each case. Please consult with your attorney if you have questions regarding a PI and whether to retain one for your case.
Here are some ways a private investigator might be of use in a divorce and separation case in North Carolina: Continue reading →
Filing for divorce in North Carolina is a relatively unusual experience because, unlike in many other states, filing on fault grounds is not allowed. No-fault divorces are the only type allowable in the state[1]. Marriages can be dissolved by either spouse as long as they have been separated for at least one year and one or both of them have lived in North Carolina for at least six months[2].
Finding Fault in North Carolina Divorces
North Carolina does recognize marital misconduct in alimony calculations[3]. Marital misconduct can include any of the following acts[4]:
North Carolina is one of only a few states that allow a spouse to sue the person their husband or wife had an affair with, but this leaves many people asking what options there are for holding the cheating spouse accountable. If your spouse committed adultery and their actions caused you to suffer significantly, you may be able to file a lawsuit against them for intentional infliction of emotional distress. Continue reading →
North Carolina Divorce Lawyers Blog