Although an alimony claimant is not required to prove the other spouse is at fault in order to be entitled to postseparation support or alimony, the alimony statute addresses the concept of marital fault and permits a judge to consider evidence of fault in fixing the amount of alimony to be awarded , if any. Marital fault in North Carolina is enumerated in the statute as follows: 1. One of these steps is to take possession of certain assets during separation, especially those assets you wish to be using, such as furniture and vehicles, and those assets that might be liquidated by your spouse, including precious gems and stones, other collectibles, cash, and bearer bonds.
This can be used in any US state and is not just limited to North Carolina.
What is different about a North Carolina divorce?
The lis pendens puts third parties on notice of your claim to have an interest in the real estate against which the lis pendens is docketed. The lis pendens is basically a notice of pending litigation that may affect real property. A properly recorded and served lis pendens clouds the title to the property, preventing an effective sale of the property behind your back.
The rules regarding a lis pendens contain very specific requirements, all of which are spelled out in section and the following sections of the North Carolina General Statutes. A third possible step to protect the assets of your marriage before obtaining a divorce in NC is to get an injunction restraining your spouse from transferring or otherwise disposing of any property covered by the restraining order.
Your attorney can also use an injunction to get your separate property returned to you, where your separate property is in the possession of your spouse and the spouse refuses to give it to you. Such an interim allocation could, for instance, give you much needed funds on which to live. Other protective measures you might consider in your divorce planning include:.
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The Van Winkle Law Firm in Asheville, North Carolina
Log in Register. What is different about a North Carolina divorce? What should I do before getting a divorce?
With that said, here are the top five things to do before you split from your spouse: 1. Talk to a Marriage Counselor or other professional who may be able to help you save your marriage. Talk to an attorney before you do anything.
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Our clients hire us because of our proven ability to understand complex legal issues and apply our considerable knowledge of North Carolina regulations, procedures and laws. We stress service in our practice and appreciate the importance of your case.
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From our Asheville office, we provide comprehensive legal support for family disputes, personal injury cases and other types of civil litigation matters. No matter what your case involves, you will see that our purpose is to protect what is important to you. Choosing the right lawyer can be the difference between a favorable outcome and continued problems. Area residents trust and recommend us because our firm is:.
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We emphasize the importance of clear, frequent communication and provide an initial consultation so that clients can make well-informed decisions. For these legal concerns and others, our firm serves clients in the cities of Asheville and Hendersonville and throughout the counties of Buncombe, Haywood, Henderson, Madison, Polk and Transylvania.
To learn more about our firm, please call or contact us online to schedule a consultation at our Asheville office. Asheville Lawyers Protect What Is Important to Our Clients North Carolina litigators handle family and civil matters An experienced lawyer can help you overcome complex problems and achieve your objectives. Attentive advocates help people achieve successful results Choosing the right lawyer can be the difference between a favorable outcome and continued problems.