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Charlotte Family Law Blog

Ways to counter common defenses for heart balm cases

It’s an understatement to say that North Carolina’s allowance of heart balm claims has been controversial. Many states around the nation have banned these types of cases from showing up in local courtrooms and have questioned the constitutionality of the states that still allow spouses to sue cheaters for ruining their marriages.

Since there has been so many of these cases in North Carolina, it’s easy to pick up on some patterns the defending party will use, whether it comes from the spouse who cheated or the person they cheated with. If you plan on suing after adultery tore your marriage apart, you should know about these popular defenses so you understand what you need to prepare for a successful case.

An overview of alimony and what it might mean for you

Our readers in North Carolina who are getting involved in a divorce case might hear the term "alimony" and cringe. These days, alimony is becoming more commonly referred to as "spousal support." Whatever you call it, many people who are involved in a divorce case have many preconceived notions about what alimony is and how it might impact their lives even after the divorce is finalized. An overview of alimony can be beneficial for those who may have this issue involved in their divorce case.

For starters, it is important to understand why alimony might be ordered in a divorce case. Typically, alimony is ordered to attempt to correct a perceived economic imbalance that will be created between the ex-spouses after the divorce is finalized. In many cases, one spouse or the other might have a better education, more job skills training and, in general, better employment prospects. If that is the case, that ex-spouse may be ordered to pay alimony to the other spouse who is perceived to be at an economic disadvantage.

Overview of Charlotte's family court system

Like many other areas of North Carolina, Mecklenburg County, which includes much of the greater Charlotte area, has a family court system. Basically, this means that several of the area's district judges are designated as family court judges.

As the name implies, these judges are assigned to hear cases that deal with families and children, including child custody and visitation cases. They also hear issues related to divorce, even if such issues do not have a direct bearing on children. For instance, family judges will typically make rulings on the distribution of property and on spousal support.

Millennial habits may bring different flavor to custody cases

It should come as no surprise that Millennials both in the Charlotte area and throughout the country are putting their own stamp on marriage and relationships.

For instance, many of them, once they do get married, seem to be in it for the long haul, as they are divorcing at rates much lower than that of their predecessors. However, the flip side to this is that many of them choose either to delay marriage or not get married at all, even though they do continue to have relationships and cohabit.

Review of the factors courts use to determine alimony

Although this blog has discussed them before, from time to time, it may be helpful for Charlotte residents to do a brief review of what factors North Carolina courts will examine when they are deciding whether or not to award alimony.

In addition to deciding whether spousal support is appropriate in the first place, courts will also use these factors to decide how much spousal support the court should award and for how long.

What are the criteria for awarding spousal support?

Many assume that spousal support is a guarantee in every divorce. As ordered by the court, one spouse will have to pay the other for the rest of their lives.

However, this is not the case in every North Carolina divorce. While alimony or spousal support can certainly factor into many divorces, courts must distinguish several factors before deciding whether to award spousal support to one spouse. After establishing this, the court determines the amount, duration and type of payments.

A discussion of heart balm claims in North Carolina

Affairs of the heart can be passionate and full of love. When two people find each other and their union is marked by attraction and appreciation, they may choose to unite and become married. In North Carolina and throughout the United State, a marriage changes the legal status of a person from single to married.

Marriage bestows important privileges on individuals with regard to their spouses' property, money, and rights. When two people decide to divorce they must work out a number of significant issues related to their financial and personal affairs. There are many reasons that marriages end, and when third parties are involved aggrieved spouses may have options to pursue heart balm claims against them.

Couple's custody and divorce proceedings last more than 2 years

Angelina Jolie and Brad Pitt are two of the biggest celebrities in the world. They have each starred in a number of blockbuster hits and have gained critical acclaim for their more serious work. However, in recent years North Carolina residents may be more familiar with the former couple because of the pair's ongoing divorce and custody battles instead of their movie careers.

Jolie and Pitt married in 2014 but only two years later Jolie filed to end their union. Since then the parties have battled over how they should share custody of their kids, how they should settle their property disagreements, and a slew of other important family law issues.

How do I modify an alimony order?

Alimony is an important source of support that a person may receive after they complete their North Carolina divorce. It is paid from one party to the other and is generally dependent upon the recipient's need for continuing financial sustenance from their ex-partner. Not every divorce will end with an order or agreement regarding alimony because not all couples split with one of the parties in need of financial help.

However, when alimony is ordered or agreed to it becomes a binding obligation for the paying spouse to meet. If they fail to make payments based upon the schedule they have been given they may be subject to enforcement efforts and penalties. Paying spouses can, though, ask for their obligations to be changed through court-approved modifications.

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