Will my spouse’s infidelity affect our property division?

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Typically not. The only type of misconduct that affects property distribution is that which directly harms the value of the marital estate.  Generally speaking, when deciding on an equitable distribution of marital property, a court does not consider misconduct like adultery, alcohol or drug use, or even involvement in criminal activities.  A spouse’s behavior is only relevant to property distribution …

How is alimony calculated?

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Generally, a court awards alimony when one spouse is in need of financial support and the other has the ability to pay. The longer the marriage and the bigger the difference in earning capacity of the spouses, the more likely an award of alimony.  One significant factor in the term of the alimony award is the length of the marriage. …

How is student loan debt handled in a divorce?

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Just as assets are divided among the spouses during a divorce, the parties’ debts must also be divided.  Debt is generally divided using the same principles that are used to divide assets. The debt is classified as either marital debt or separate debt, and in an equitable distribution state, the marital debt is divided in a fair and equitable way …

Can I get child support if I never married my child’s other parent?

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The short answer is yes. If you are the biological parent of the child and paternity has been established, you have the right to seek child support regardless of whether you were married to the child’s other parent or not.  Non-custodial parents, regardless of marital status, are required to pay child support to custodial parents until their minor children reach …

How Do Courts Decide Child Custody?

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If the parents cannot agree on custody and visitation arrangements for their child, the courts decide custody based on “the best interests of the child.”  Focusing on the child’s best interests means that all custody and visitation decisions are made with the ultimate goal of fostering the child’s happiness, safety and security, mental and physical health, and emotional development through …

Can I date during my separation?

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While there is nothing illegal or wrong about dating once you are formally separated from your spouse, there are several problems that may arise and you should take precautions before dating during your separation.   You must be separated from your spouse before you start dating. North Carolina law does not require that you file anything to be legally separated. …

Does my spouse’s infidelity affect the division of our marital property during divorce?

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No, adultery is not typically a factor in the division of marital property through equitable distribution.  The exception to this general rule is when the marital misconduct has an adverse effect on the economic health of the marital estate.  The presumption of a 50/50 split is viewed as the most fair and equitable means of distributing marital property at divorce. …

Can I change my ex’s child visitation if he stops paying support?

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No!  While it may be very tempting to alter or terminate your former spouse’s visits with your child because you are frustrated that he or she isn’t paying the child support owed, you are not legally justified in withholding visitation. In the eyes of the law, child support and visitation are two separate considerations. In nearly all states, the right …

Child Support Guideline Models by State

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We think you may find this article explaining child support guideline models helpful… By NCSL “States generally use one of three models to determine the base child support amount due: The Income Shares Model is based on the concept that the child should receive the same proportion of parental income that he or she would have received if the parents lived together. …

Divorce and Children with Special Needs

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We think you may find this article discussing the unique challenges of going through a divorce with a child with special needs helpful… By Lili A. Vasileff ‘There are few challenges more difficult than going through divorce and having a child with special needs. As a divorced, single parent of a beautiful daughter with special needs, I can tell you …