North Carolina alimony can be separate from property division, or it can be a part of a global settlement agreement whereby one spouse gets more property in exchange for payment of lifetime support to the other spouse. Because this settlement has been “bargained for,” it means that the alimony integrated into this agreement cannot be terminated or modified. Judges in North Carolina exercise discretion in determining alimony amounts, manner of payment, and duration under the umbrella of statute and case law. The overall presumption on North Carolina alimony is the partnership theory of marriage, whereby the obligation to pay spousal Read more
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North Carolina Divorce Laws May Require Longer Divorce Waiting Period
North Carolina is in the process of altering its waiting period before a divorce can be considered final. Current North Carolina divorce laws state that a couple must have lived apart for one year before the divorce becomes final. The proposed new law will not require a couple to live apart during the pendency of a divorce, and the divorce waiting period will be increased to two years if the law is passed. The two years will begin when the filing spouse serves the other spouse with a Notice of Intent to File for Divorce. Buying More Time The proposed Read more
Proposed North Carolina Shared Parenting Laws
Fathers in North Carolina are paddling upstream in their attempts to have a shared parenting law. There are three factors preventing fathers from being able to spend more time with their children: A conflict of interest between income streams for welfare payments and the collection of child support from dads; New shared parenting laws have not yet reached the judicial level; and Domestic violence language inserted in proposed shared-parenting legislation. North Carolina Custody Laws North Carolina Senate Bill 610 and House Bill 534 are designed to equalize the amount of time that both parents spend with their children. Though these Read more
Raleigh Divorce Lawyers Protect Fathers Rights
Women have one card in their deck that men rarely use or abuse. This is the “domestic violence” card, according to Cordell & Cordell Raleigh divorce lawyers. Unfortunately, all that a woman needs to do to usurp a Raleigh dads rights, is allege domestic violence and file charges that frequently turn into emergency protection orders. Cordell & Cordell Principal Partner Joseph Cordell has called false orders of protection “tactical nuclear weapons” in a custody case. Sadly, the children are the ones who suffer the most. Contrary to popular opinion, an estimated 80 percent of domestic violence charges against men have Read more