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Charlotte Family Law Blog

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.

What requirements must be met for me to get a divorce?

When you got married, there were certain requirements you had to meet for the marriage to be legally valid. The same is true if you are seeking a divorce.

To get an absolute divorce in North Carolina, your situation must meet the residency requirement and the separation requirement. If you think ending your marriage may be for the best, an understanding of these requirements can help you pursue divorce in a way that makes the most sense for your situation.

Cheating, custody and children: dealing with infidelity

Not everyone may choose to keep up with the Kardashians, but unless a person has completely avoided the internet they are probably aware that controversy follows the famous family wherever it goes. Recently, sister Khloe split with the father of her child over allegations that he cheated on her with a family friend, which left many questions with regard to how her relationship with her ex would proceed and how they would successfully co-parent their one-year-old daughter.

Cheating and allegations of infidelity can have a big impact on how North Carolina divorces unfold, particularly when it comes to the financial awards people exit their marriage with. As Kardashian and her ex were not married, the primary issue that they must deal with is the custody and support of their child.

Virtual visitation may serve a family's needs

It is incredibly common for North Carolina residents to communicate with each other through electronic means. With a quick call from a cell phone a person can confirm a meeting, or with an instant text, message they may wish a friend a happy birthday. While face to face meetings are still the cornerstone of strong personal and professional relationships, electronic and online interfaces have given people new ways of staying in touch.

Digital communications have effected many aspects of life, and in some cases, they have even become relevant in the family law world. In cases where parents share custody of their kids or where one parent has only visitation time with their children, virtual visitation is an option to allow adults to stay connected with their kids.

North Carolina recognizes different types of alimony payments

Alimony, also known as spousal support, is the money that a person pays to their ex after they complete their divorce. Often, alimony takes the form of periodic payments that one party sends to the other on a schedule and that may, at some point in the future, cease. In our state, a person may receive permanent alimony, if their situation demands it.

However, not all alimony awards are paid in this way. In some cases, a paying party may be ordered to make a lump sum payment to their ex. A lump sum payment is a one-time payment that covers the entirety of the payer's obligation to the other.

Adultery is a common reason that couples divorce

For all of the reasons that North Carolina residents fall in love and then decide to get married, there are as many reasons that they may eventually decide to end their legal relationships. Divorce is a major issue for families all throughout the country, and recently, a list of common divorce causes was published. With reasons ranging from money to conflicts to a lack of familial support, two causes stood out as the top reasons that many marriages fail.

Lack of commitment and infidelity topped the list of marriage-ending events, with 75 percent of divorcing couples noting commitment problems in their marriages and nearly 60 percent stating that adultery and extramarital affairs affected their unions. Challenges with commitment and adultery can fray even the strongest marital unions and can leave individuals feeling as though divorce is their only option.

What is the difference between legal and physical custody?

In North Carolina there are two different types of child custody that must be settled when parties divorce or separate and share children between them. This post will offer a brief discussion of these two forms of custody, known as legal custody and physical custody, but readers should speak to their own family law attorneys about their unique cases as this article does not provide legal advice.

The type of child custody that most people think of when they consider the sharing of children between parents is physical custody. Physical custody concerns where a child will live once their family home is separated into the two homes of their parents. Physical custody can be shared between the parents if that arrangement serves the best interests of the kids, or it may be granted solely to one parent. A parent who is denied physical custody rights may be able to secure visitation time with their child.

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