Divorce Law Updates

Today we will explore the North Carolina approach to child custody and child support. Before we delve into specifics, there is an overarching consideration we need to consider first. North Carolina places a high importance on the best interests of the child. In any determination of child custody or support, the court will examine what circumstances will yield the best outcome for the children...

The concept of alimony arose to address inequality between spouses after divorce. This inequality is especially prevalent in marriages where one spouse served as the breadwinner and the other spouse served as the homemaker. When that marriage dissolves, there is a clear difference between the earning power of the spouses. Alimony provides a mechanism to address this type of post-divorce...

North Carolina is one of only a small handful of states that allows for the filing of a lawsuit and cause of action against your unfaithful spouse’s lover. The North Carolina Court of Appeals recently upheld the ability in some cases to sue the person who had the affair with your spouse. This is called “alienation of affection,” or interference with a marriage, and “criminal conversation,” or...

Commonly referred to as prenuptial agreements, premarital agreements are made between potential spouses before marriage. These agreements outline certain rights and responsibilities for each spouse, such as the division of property upon death or divorce. In Chapter 52B of the North Carolina General Statutes, we find the Uniform Premarital Agreement Act. This act outlines the framework for...

If you follow pop culture at all, you will recall that a little more than ten years ago now, actress Renée Zellweger and country singer Kenny Chesney were briefly married. The marriage lasted only a matter of months. However, a divorce was not the legal action that they took to end their marriage—it was an annulment. Annulments are not as common as divorces because they are only allowed in...

There are many reasons why a man might want a child. The joys of fatherhood are plentiful. Children and parents often make memories that last their entire lives. As such, there is no limit to the reasons why a father, or even a mother, might want to make sure that the law recognizes a father-son relationship. In North Carolina, if a married woman has a child, the state presumes that her...

When a divorce involves children, the North Carolina court system may have to help the parents determine how the children will spend their time between the two parents.  In an earlier post, we briefly discussed child custody orders and explained that they were somewhat of a last resort in instances where the parents themselves could not agree on a custody arrangement. After a custody order is...