Have Questions?
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Do I Need Infidelity Proof in NC?
Your spouse might file a heart-balm action for "alienation of affections" or "criminal conversation" seeking substantial money damages against your paramour. Criminal conversation actions are civil actions for adultery. These actions are based upon a third party’s sexual relations with you during the course of your marriage, but prior to you separating from your spouse. If your spouse is engaging in extra-marital affairs, then you are the wronged spouse and are in the position of filing an alienation of affections or criminal conversation lawsuit. If that is the case, you are well-advised to obtain proof of his or her affair through a private detective. Alienation of affections actions can be brought against any third party who wrongfully deprives one spouse of the love and affection of the other spouse. For example, these actions are sometimes brought against in-laws. However, you are barred from commencing a cause of action for alienation of affection against a business.
If you have any questions, please contact us today.
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Can I Date After Separation?
On the issue of whether a spouse should date after separation and beforedivorce, you should understand that post-separation dating can be used as evidence of adultery occurring during the marriage. If there was no illicit sexual conduct before your date of separation, then post-separation dating is not relevant to a claim for post-separation support or alimony. However, a paramour who stays overnight when your children are present can be grounds for denial of your custody or visitation.
Dating after separation and before divorce may also have a serious negative impact on the settlement negotiations between you and your spouse. At best, your infidelity can cause your spouse hurt and embarrassment. At worst, it will provoke feelings of anger and revenge, which will greatly complicate settlement negotiations with your spouse.
You should be forewarned that you will likely be asked under oath at a deposition or at trial about any dating or romantic relationships. To answer these questions falsely would constitute perjury. You may plead the Fifth Amendment privilege against self-incrimination under certain limited circumstances.
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Does North Carolina Recognize Common Law Marriage?Common law marriages, or marriages by consent that arise in our state, are not recognized by North Carolina as valid legal marriages. While it is impossible to contract a common law marriage in North Carolina, our state will recognize a common law marriage as a valid legal marriage if a couple entered into a common law marriage in a state that recognizes common law marriages, and if that couple later moves to North Carolina.
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How Much Will I Pay In Child Support In NC?The reasonable needs of a child and a parent’s relative ability to pay must be taken into consideration when determining child support obligations. A non-custodial spouse's child support obligation continues until the child reaches age 18 except that if the child is otherwise emancipated, payment will terminate at that time. If the child is still in primary or secondary school at age 18, the court in its discretion will usually order child support payments to continue until the child graduates, ceases to attend school on a regular basis, fails to make satisfactory academic progress, or reaches age 20, whichever occurs first. A party by agreement may obligate himself or herself to make such payments beyond these time limits. There is no legal obligation of a supporting spouse to pay for college education expenses. This obligation arises only if the supporting spouse voluntarily agrees to assume it. See our child support calculator to determine your estimated child support payments.
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