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Charlotte Family Law Blog

The effect adultery may play on a request for alimony

Marriages end for many reasons, and when they do individuals can find themselves facing many scary questions. If a North Carolina resident gave up their career to provide for their family at home, they may be fearful of how they will financially provide for themselves once they are legally untied from their spouse. Individuals who are financially dependent on their soon-to-be exes and who require financial support to maintain their lifestyles may qualify for alimony under North Carolina law.

Alimony can come in different forms, such as lump sum payments or periodic payments. However, a request for alimony may be denied if a court finds that the requesting party engaged in adultery during their marriage. Under the law, if an alimony-seeking party engaged in illicit sexual behavior during their marriage but prior to their separation then their request for support from their soon-to-be ex may be rejected.

Advocate for your child's best interests in custody proceedings

In divorce and child custody proceedings, the focus is (of course) on the best interests of the child. Ensuring children have everything they need to be financially, physically, emotionally, psychologically and educationally stable and prosperous is not easy.

Unfortunately, things can get heated very quickly in these situations between parents and the courts. These three parties (two parents and the judge) all have different ideas of what the best interests of the children are, and they may not always get the whole picture. A father might be certain the school near his house will offer his child the best education, while the mother is sure she lives in the safest neighborhood.

Heart balm claims can be a means to get justice

It is somewhat unfortunate that in many quarters, the idea of a heart balm claim, which as this blog has discussed is a legal option available to North Carolina residents, gets a bad rap.

Sometimes, people see these sorts of legal actions, which allow a victim of adultery to sue their spouse's affair partner, as vindictive and a way to collect money while exacting some revenge. This may strike one is distasteful because, even though cheating is not a nice thing to do, it is for better or worse a relatively common human behavior that many have been on both ends of.

What can I do to protect myself if I suspect adultery?

When a Charlotte, North Carolina, resident suspects his or her spouse is not being faithful, the emotional fallout can be difficult to manage, at least in the short term. Even with modern expectations about love and marriage, getting cheated on behind one's back just hurts.

In the midst of it, though, people might not think of the financial consequences their spouses' affairs might have on them. If a cheating spouse is spending money and time with his or her affair partner, for instance, that leaves less for the innocent spouse.

Think carefully before making a post-divorce job change

Divorce is a difficult time for any Charlotte resident, and that means bad decisions are possible. Because emotions and stress levels tend to run on high during and immediately after a divorce, people may be prone to making important financial and legal mistakes that can come back to haunt them months or even years down the road.

One of these potential mistakes is deciding to take a break from work or change careers to a lower-paying field. Of course, judges never look fondly on someone who does this with the specific plan to avoiding paying spousal support or otherwise getting an advantage in one's divorce case.

Big change in alimony is on the horizon

Those in Charlotte who follow the goings-on in Washington politics are probably aware that Congress recently passed a comprehensive tax overhaul.

No matter how one feels about them personally, it is important for North Carolina residents to understand what the consequences of these changes in federal tax law are, particularly if they are in the process of a divorce.

Google Street View may have role in heart balm claims

One might wonder what Google Street View would have to do with a divorce case or other family law matter. In North Carolina, at least, the role of this popular Google feature may be larger than one would think.

This is because North Carolina still recognizes so-called heart balm claims. Although this blog has discussed these types of lawsuits in detail, in general, they are legal claims one spouse can make against their spouses' affair partner or other third parties who disrupt a happy marriage. Sometimes, a jilted spouse can collect thousands or even millions of dollars from an interloper in to their marriage.

Overview of child custody mediation

Particularly with the trend in child custody cases being to encourage parents to cooperate, many judges will encourage or even order parents who are in the midst of a child custody or parenting dispute to try mediation as a way of resolving their disputes.

Many people believe that mediation is an ideal way to resolve child custody problems since it encourages parents to reach agreements and sets them on the road to developing a working relationship down the road. This is in the minds of many a way of helping children better deal with their parents' split.

Child custody, parenting time and domestic violence

As many parents in the Charlotte area are likely to hear these days, it is generally best when children whose parents live in separate homes get to spend a lot of time with each parent.

Ideally, the children's parents will cooperate or at least tolerate each other to the point where the child can still attach to both of their parents. However, this is simply not a good idea in some situations, and the laws of North Carolina recognize this.

North Carolina man awarded $8.8 million after destroyed marriage

In most states, cheating is simply frowned upon. Such an act might get a tap on the wrist or a waving finger. It’s a different story in North Carolina. If a marriage falls apart, sometimes a judge might decide who will pay the price.

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