As you may or may not know, there are two types of grounds for divorce here in North Carolina: fault and no-fault. Depending on which type you have, divorce proceedings go differently. For couples who cite fault, divorce proceedings start right away. But for couples in no-fault situations, spouses must live separately for at least one year before filing for divorce.In cases of fault, a spouse may cite any of the seven grounds for divorce mentioned in § 50-5.1 and § 50-7 of our state's family law statutes. Grounds for divorce can include things like insanity, abandonment, cruel or abusive treatment or adultery, just to name a few. Though it's always been known that heterosexual couples could cite grounds for divorce, the recent U.S. Supreme Court decision regarding same-sex marriage begs the question: Can same-sex couples in North Carolina cite grounds for divorce?Though the obvious answer to this question may seem like a resounding yes, it's important to note that the wording of our … [Read more...]
Archives for August 2015
Can men ask for alimony in North Carolina?
Even in today's society, there are still certain assumptions people have regarding gender roles. When it comes to family law issues, there are many including assumptions about who is more likely to file for divorce and who the judge is more likely to pick as the custodial parent.But even though most gender role stereotypes have changed over time, there are still some that persist to this day. Take for example requests for alimony. Some people still believe that only women can request alimony payments after a divorce, which is why the title of this post contains this question: can men ask for alimony in North Carolina? The answer to the question is absolutely yes. That's because family law judges in North Carolina don't care about a spouse's gender when determining an order for alimony payments. He or she cares about factors such as:The length of the marriageEach spouse's incomeWhether one spouse is supporting the otherHow long one spouse has been dependent upon the otherBecause gender … [Read more...]
