An act of domestic violence may be addressed both in the criminal and civil courts. The criminal court is involved when the State of North Carolina, through the district attorney, brings criminal charges against the alleged abuser (most commonly for assault, communicating threats, or violating a domestic violence protective order).
Monthly Archives: February 2019
Changing Your Surname After Divorce
North Carolina General Statute Section 50-12 provides for ways to change your surname (last name) as a result of a divorce. There are two ways to do this.
How to Obtain an Absolute Divorce in North Carolina
When most people think of divorce, they are actually thinking of what is known in North Carolina as absolute divorce. Absolute divorce is when the bonds of matrimony are dissolved and this action is discussed in North Carolina General Statute Section 50-6.
Mixed Reactions in North Carolina to the Legalization of Same-Sex Marriage
Same-sex marriage was legalized in North Carolina less than a year before the Supreme Court ruling on June 26, 2015 extended this right to same-sex couples in all 50 states. Nevertheless, residents of North Carolina are still far from seeing eye to eye.
Dividing Property: Will the Court Consider Alimony or Child Support?
In determining how to divide your marital property (meaning assets and debts acquired during the marriage), the court will not take into consideration alimony or child support obligations related to your spouse; however, the court may consider support obligations arising from a prior marriage.
Equitable Distribution: Dividing Property
Once you and your spouse separate, you may choose to divide your property by a separation agreement or by bringing a claim in court for equitable distribution (“ED”).
Types of Property Involved in Property Distribution: Marital, Divisible, and Separate
When the court divides property from a marriage pursuant to an equitable distribution claim, the court must first classify the property as either marital or separate property.
Interference by Others in the Marriage: Alienation of Affection and Criminal Conversation
When a person interferes with a married couple’s relationship, there may be grounds for a lawsuit against that person. This most often occurs when a spouse has an extramarital affair. There are two claims that a spouse may file against this person in North Carolina: alienation of affection and criminal conversation.
Your Ex-Spouse’s Social Security Retirement or Disability Benefits
After a divorce, you may be entitled to receive benefits on your former spouse’s Social Security retirement or disability benefits.
Termination of Parental Rights
Sometimes circumstances exist where a parent seeks to terminate the parental rights of the other parent. When a parent’s rights are terminated by the court, the result is that the legal relationship between the parent and child is permanently severed. In other words, in the eyes of the law, the parent is no longer the child’s parent.