Charlotte Family Law Blog

Spousal support issues in divorce cases in North Carolina are oftentimes looked at only through the lens of which spouse will be paying, and how much will be paid. However, it is important to remember that these issues come up in a divorce because one of the soon-to-be ex-spouses believes that some form of financial assistance is necessary to "even things out" in terms of education and employment.

As a recent news article noted, spousal support is oftentimes necessary because, in many relationships, one of the spouses may have, at some point, given up a job or career to take on extra responsibilities in the home so that the other spouse could attend school or advance a career. When an opportunity like that is given up by one spouse or the other, an order of spousal support is one way to help make up the difference in the event of a divorce.

Our readers in North Carolina know that every divorce case is different and so, necessarily, the issues that will be important in one case may not be the primary concern in another. For example, many divorcing couples who are parents are, first and foremost, concerned with child custody and child support. However, oftentimes, those couples who are not parents will likely be more concerned with the issues of property division and alimony, also known these days as "spousal support."

So, what are the basics about spousal support that our readers should know if they are contemplating a divorce? Well, for starters, it is important to understand that alimony likely will not be awarded if one spouse or the other does not request it.

When the focus of a contentious family law court case in North Carolina is on child custody, it can be easy to see why there is so much emotion involved. After all, most parents want what is best for their children, and usually parents believe that spending time with their children is good for their family development. However, not all parents are in a position to spend as much time as they would like with their children under the terms of a child custody arrangement. That is where "virtual" visitation may come into play.

As our readers might guess, "virtual" visitation is a catch-all reference to the use of technology by parents and children to connect when they might not be able to be in the same place together. In general, virtual visitation usually comes up when one parent is awarded primary physical custody. In such a situation, the other parent may want to include virtual visitation rights among the grander scheme of overall visitation rights.

Our readers in North Carolina who are familiar with previous posts here know that sometimes child custody disputes can become the most contentious part of a divorce case. Or, in those cases in which the parents of the child were never married to begin with, child custody issues can start off as contentious right from the very beginning.

When it comes to deciding child custody -- both legal custody and physical custody -- most family law courts, like to see the couples work out an arrangement that works for both of them. However, sometimes, an out-of-court agreement simply is not possible and, as a result, the parties end up litigating the issue in court. When that happens, a family law judge will weigh certain factors to determine "the best interests of the child" and how to solve the child custody problem.