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Charlotte Family Law Blog

Financial issues may cause divorce and alimony

It is common to hear that one of the primary reasons North Carolina couples get divorced is because of financial issues. Specifically, the lack of funds can cause significant strain on a marriage. In a divorce case, those financial issues are likely to be part of one of the most contentious issues: alimony.

If financial issues are what caused a divorce, will an ex-spouse be entitled to alimony? The answer, as is the case with answers to most legal questions, is, "it depends." First, usually one or the other spouse must actually ask to receive alimony. From there, various aspects of the marriage will be examined by the family law court to determine if alimony should be awarded and, if so, for how long the alimony payments must be made and in what amount.

Child custody factors in the "best interests of the child"

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.

How can alimony affect post-divorce finances?

Our readers in North Carolina who are familiar with previous posts here know that alimony can play a significant role in any given divorce case. A request for alimony, especially if it was not expected, can put a halt to all other progress in a divorce case because it can lead to one spouse still being tied to the other even after the divorce is finalized. That, as a result, can trigger some emotional reactions. Although that is the case during the pending divorce litigation, how can alimony affect post-divorce finances?

A recent news article noted that alimony is just one of the potentially significant ramifications for a person's finances in post-divorce life. But, alimony needs to be accounted for nonetheless. As people prepare for the reality of post-divorce expenses -- now with a single-income household, which is a change -- they need to understand how to factor in alimony, either as an expense or a source of funds.

Focusing on the children in a child custody dispute

For couples in North Carolina who are going through a divorce, there is a wide range of issues that can lead to contentious disagreements, including property division, alimony, child support and child custody. Child custody, however, has the potential to be the most explosive issue of all in the case. After all, every parent wants what is best for their child and, if the couple is getting divorced, obviously, they have trouble agreeing on certain issues. That likely includes what exactly is, in fact, best for the child.

But, no matter how contentious a child custody dispute might become, focusing on the children in the case is usually the best way to resolve any conflicts. Family law courts are governed in these situations by attempting to find solutions and arrangements that are in the "best interests of the child."

Different types of social media to avoid during a divorce

One of the most common tips given by North Carolina divorce lawyers within the last decade is to avoid posting any extravagant information on social media until the proceedings are over. Any information you post online can be used against you when the court is determining spousal support and child custody.

When spouses hear this, most of them believe all they need to do is avoid posting to Facebook and Twitter for a few months and then they’ll be fine. However, there are far more websites these days for online users to connect and share information. It is important to be aware of these options and what your spouse can find on there that they can use to their advantage.

Alimony disputes dominate divorce cases

Couples in North Carolina who are going through a divorce are understandably probably not on the best of terms. After all, the divorce is happening for some reason or another, and the two soon-to-be ex-spouses probably have some negative feelings about one another. Although this is not always the case, it is common. In these types of divorce cases, every issue can become a battleground. Alimony can be a particularly sensitive issue.

Is an alimony dispute dominating a legal case? A recent article noted that alimony issues can be so contentious because being ordered to pay alimony is a "significant obligation." As a result, the article pointed out that it is essential to have a strong grasp of the available legal options.

Explore your options in difficult child custody disputes

It is easy to overlook the fact that married couples and unmarried couples alike often have child custody disputes. While married couples who go through a divorce, if they have minor children, will come out of the case with some type of child custody arrangement, unmarried couples who have children together can also approach a family law court for help in determining a child custody arrangement that is legally binding. However, for some people, just because a court order exists does not necessarily mean that they intend to follow the "letter of the law."

Interfering with or ignoring the requirements of a child custody order can lead to significant legal problems. In many cases, by the time a family law court is made aware that one party or the other has been breaching the terms of the order, the issue has existed for quite some time. Any North Carolina residents who are facing these issues will need to carefully consider and explore their options.

The right steps when alimony comes up in your divorce

Alimony, as many of our readers in North Carolina may know, is more commonly becoming known as spousal support. Whatever you call it, this is an issue that, when it comes up in a divorce case, can see the divorcing spouses pitted against each other with strong, negative feelings. After all, since an alimony award oftentimes means that one spouse will be required to continue to pay money to the other spouse even after the divorce is finalized, that ongoing relationship may not be desirable for one or more of the spouses. When it comes to alimony in a divorce case, the right steps to this sensitive issue are crucial.

One of the first steps is to remember that, despite the emotions involved when alimony comes up, it is crucial to protect your interests and legal rights. If you are the soon-to-be ex-spouse who may be ordered to pay alimony, it is important to focus on how you might be able to limit the amount paid out. If you are the one who will be seeking alimony, don't feel guilty about asking for a financial award from the court that is meant to level the playing field between two people who are likely walking away from a relationship on different financial footing.

How might your child custody arrangement turn out?

When it comes to legal proceedings that involve children, the parties can go through quite a range of emotions as the process plays out. Child custody disputes are a prime example, whether they come up in the process of a divorce or between a couple who has a child together but were never married. No matter the range of emotions that the parties might go through, it is important to keep an eye on the main goal of the child custody process: to determine an arrangement that is in the best interests of the child.

So, how might your child custody arrangement turn out? Well, for many of our readers in North Carolina, it probably seems like for as much as there is a range of emotions involved in this process there is also a wide range of potential end points as well. For starters, it is important for our readers to understand that there are two parts of the child custody process that need to be determined: legal custody and physical custody.

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.

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