Serving North Carolina families in Durham, Orange,
Chatham and Wake counties.
Serving North Carolina families in Durham, Orange,
Chatham and Wake counties.
In determining whether or not an award for alimony will be made, the Court may consider “marital misconduct” of the parties. According to North Carolina General Statute 50-16-1A, “marital misconduct” means any of the following acts that occur during the marriage and prior to or on the date of separation: Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14‑27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse; Involuntary separation of the spouses in consequence of a criminal...
Read MoreCustody mediation is provided free of charge by the Court and allows the parties to work with a trained, neutral third party to develop a written parenting agreement. Prior to mediation, the parties are required to attend a one-hour orientation session where they learn what to expect from the mediation process and set goals for mediation. The orientation can greatly diminish apprehension and fear that parties might have regarding mediation. At the orientation session, the parties will schedule the actual mediation which usually takes place within a couple of weeks of the orientation. In the event that the parties are unable to come to a mediated agreement,...
Read MoreUnder North Carolina law, the Courts will determine custody arrangements according to what is “best interest of the child.” What this means is that the Judge has a lot of flexibility in determining, based on the evidence, what he or she believes is best for the child. Each party will have the opportunity to present evidence and witnesses regarding their claim for custody. Depending on the parties and the issues involved, custody matters can be complex and expensive. At times the Court will assign a Guardian ad Litem, who is a neutral third party, to investigate what he or she believes is the custody schedule that best serves the interest of the child....
Read MoreNorth Carolina law requires that the parties are separated for one year prior to the filing of the divorce claim and that the filing party have lived in North Carolina for at least six months prior to the filing of the action. In this regard, your “date of separation” as discussed above, is an essential component of your divorce claim. If you file less than one year after your “date of separation” your claim will be dismissed. Given this year long wait for a divorce, some parties may have already resolved their claims for custody , child support, spousal support and the division of property prior to the divorce being granted. This is especially...
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