Spidell Family LawSpidell Family Law2026-03-30T17:31:28Zhttps://www.spidellfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203917/2024/04/cropped-spidell_site_icon-1-1-32x32.pngOn Behalf of Spidell Family Law<![CDATA[How to safeguard your 401(k) during divorce in North Carolina]]>https://www.spidellfamilylaw.com/?p=467662025-06-05T16:23:32Z2025-06-05T16:23:32ZUnderstand marital property laws
In North Carolina, courts divide marital property through equitable distribution, which means they divide assets fairly but not necessarily equally. This includes retirement accounts. Courts typically consider contributions you make to your 401(k) during the marriage as marital property.
Before proceeding with a divorce, consulting with legal professional is advisable. A divorce attorney can review your retirement accounts and help explore legal options to protect them. They can help review your Roth IRA, life insurance policies, and other financial documents to ensure you are fully prepared for the division process.
A Qualified Domestic Relations Order (QDRO) is a crucial legal tool in dividing retirement assets. It is a court order that allows the division of certain retirement plans without tax penalties.
Be aware of common pitfalls when dealing with retirement assets in divorce. Attempting to hide assets or cashing out your 401(k) prematurely can lead to legal consequences and financial penalties. Also, remember that withdrawing funds before the age of 59½ typically incurs a penalty, unless it is part of a divorce settlement facilitated by a QDRO.
Consider lifestyle adjustments
After the divorce, you may need to make lifestyle adjustments to replenish your retirement accounts. Consider negotiating other assets in exchange for keeping more of your 401(k). Adjusting your contributions and financial habits post-divorce can help rebuild your retirement savings.
Divorce is a complex process, but with careful planning and professional guidance, you can protect your retirement assets effectively. Understanding North Carolina's marital property laws and utilizing legal tools like QDROs can help ensure a fair division and secure your financial future.]]> Spidell Family Law<![CDATA[Are You Married to a Narcissist? What That Could Mean for Your Divorce]]>https://www.spidellfamilylaw.com/?p=463262024-06-12T14:49:22Z2024-04-28T05:00:00ZAm I Married to a Narcissist? 7 Signs You Might Be
"Is my spouse a narcissist?" If you're in a relationship with one, you've probably asked yourself this question dozens of times. While no single sign definitively points to narcissism, a consistent pattern of certain behaviors can offer some clarity. Here are seven common red flags you might experience being married to a narcissist.
1. Your spouse constantly talks about their achievements, and often exaggerates or fabricates them. They may belittle your accomplishments or dismiss your contributions.
2. Your spouse craves constant praise and attention. They may become jealous if you receive any recognition or validation.
3. Your spouse struggles to understand or care about your feelings. They may dismiss your concerns or even blame you for their problems.
4. Your spouse believes they deserve special treatment and privileges. They may have unrealistic expectations of you and others.
5. Your spouse takes advantage of you emotionally, financially, or physically. They may use manipulation or guilt to get what they want.
6. Your spouse frequently lies, even about trivial matters. You may find it difficult to trust anything they say.
7. Your spouse gaslights you and makes you question your perceptions and reality. They may twist events, deny their actions, or blame you for their mistakes.
Remember, these are just some common red flags, and not everyone who exhibits these behaviors is a narcissist. If you’re concerned about your relationship, it’s essential to seek professional help from a therapist or counselor.
Do you need legal representation to divorce a narcissist?
Contact Spidell Family Law TODAY to schedule a consultation.
(336) 907-7047
How to Divorce a Narcissist: 5 Tips
If you've wondered how to tell a narcissist you want a divorce, you're not alone. Confidence is critical, so here are five tips on divorcing a narcissist.
Tip #1: Prioritize Your Wellness
Find a counselor or therapist who specializes in toxic relationships and narcissistic abuse. Lean on your friends and family for support and validation. The road ahead will be difficult, so self-care is crucial.
Gather all the documents you might need for your divorce case. If you have evidence of narcissistic abuse (think voicemails, texts, or emails), save it and share it with someone you trust. You'll also want access to any financial, medical, or child-related paperwork.
Tip #4: Set Clear Boundaries
Communicate through neutral channels like email or lawyers to avoid drama. Stick to the facts, and don’t try to defend your actions to the narcissist.
Tip #5: Expect to Encounter These Narcissist Divorce Tactics
When you tell a narcissist you want a divorce, be prepared for any or all of the following.
● Hovering: Narcissists often try to win you back with charm or promises to manipulate you so you reconsider the divorce.
● Smear campaigns: While hurtful, your ex is likely to spread lies and rumors about you to friends, family, and even authorities.
● Financial sabotage: Your ex-spouse may hide assets, drain accounts, or make false claims to disadvantage you financially.
● Parental alienation: Narcissists often try to manipulate your children’s emotions and perceptions in an attempt to turn them against you.
● Legal delays: Don’t be surprised by frivolous lawsuits or stalling tactics. Your ex will likely drag out the process to increase your stress and expenses.
Leave Narcissistic Abuse Behind with Spidell on Your Side
Remember, divorce from a narcissist is not a failure but a liberation. It's an opportunity to reclaim your life, rebuild your self-esteem, and step into a brighter future. Divorcing a narcissist is never easy, but Spidell Family Law is here to help.
Are you married to a narcissist? Do you need legal representation?
Schedule an Appointment TODAY with the skilled, compassionate team at Spidell Family Law!]]> Spidell Family Law<![CDATA[Best Ways to Manage Your Child Visitation: Plus 3 Things Not to Do]]>https://www.spidellfamilylaw.com/?p=463642024-05-17T13:37:09Z2024-04-26T05:00:00Zchild visitation in NC.
How Does Supervised Visitation Work?
Supervised visitation allows a noncustodial parent or other court-appointed party (grandparent, stepparent, etc.) or a visitation facility to spend time with a child in a neutral environment under the watchful eye of a trained supervisor. Judges may order supervised visitation for various reasons, like concerns about the child's safety, substance abuse issues, or lack of stable housing. Rulings may include summer visitation guidelines and access for grandparents, stepparents, or other caregivers as well.
Supervisors can also include qualified social workers, therapists, or trained volunteers who ensure the child's safety throughout the visit. They also ensure adherence to court-ordered supervised visitation guidelines, which may include the following:
● Duration of visits
● Communication restrictions
● Activities permitted
● Prohibited substances or behaviors
If visits go smoothly, the court may gradually reduce or eliminate supervision to pave the way for unsupervised access.
Do you have questions about supervised visitation?Call Spidell Family Law TODAY at [nap_phone id="LOCAL-CT-NUMBER-1"]!
Tips For Non-Custodial Parents To Ensure Smooth Visits
● Embrace positive communication: Treat your former partner respectfully and courteously. Remember, your child benefits from positive interactions between you both.
● Adhere to court rulings: Follow court orders regarding visitation schedules and guidelines meticulously. Consistency and reliability are crucial to build trust and avoid legal complications.
● Punctuality matters: Arrive on time for every visit. When you demonstrate respect for the other parent’s time and routine, it sets a positive example for your child.
● Be fully present: Engage actively with your child during visits.
3 Things Not to Do if You Have Noncustodial Visitation Rights
● Cancel on short notice or become a no-show: Unreliable visitation patterns disrupt your child's schedule and emotional well-being. They can also reflect negatively on you in the court's eyes.
● Engage in negativity: Gossip or criticism of the other parent in front of your child harms their relationship with both parents and may violate a court order.
● Use drugs or alcohol before or during a visit: Never show up for visits under the influence of drugs or alcohol. Your child's safety should always be your top priority.
For Custodial Parents: How to Foster Positive Visitation Interactions
Child visitation can be complex, but as the custodial parent, you play a crucial role in shaping these experiences for your child. So, here are a few tips to keep in mind.
Do:
● Respect court rulings: Uphold the visitation schedule and terms outlined in court orders. Consistent access to both parents is crucial for your child's emotional and social development.
● Educate yourself about your rights: Consult an attorney with knowledge of supervised visitation in North Carolina if you have concerns or questions about visitation arrangements.
● Document objectively: When you have issues or concerns, document them objectively and factually without emotional bias. This can be valuable if you seek legal guidance or court intervention.
Don't:
● Use visitation as a weapon: When you withhold visitation as punishment for the other parent, it only hurts your child. Prioritize their best interests and maintain open communication about any concerns.
● Fuel negativity: Avoid disparaging remarks about the other parent in front of your child. Foster a neutral environment where they can maintain positive relationships with both parents.
● Be unreliable: Use timely communication, adhere to agreed-upon arrangements, respect the other parent, and demonstrate stability for your child. While holiday visitation can be emotionally charged, it's essential to follow the court's guidelines.
Spidell Family Law Can Guide You through Child Visitation Rights
While the complexities of child visitation and custody can take an emotional toll, it’s critical to prioritize your child's well-being, practice mutual respect, and rely on clear communication. By doing so, both visiting and custodial parents can create positive experiences for their child(ren). Remember, you are both integral parts of your child's life and your efforts today will shape their future happiness and healthy relationships.
Contact Us Today to Schedule Your Consultation!]]> Spidell Family Law<![CDATA[Tax Credit Changes and Child Support: What You Need to Know]]>https://www.spidellfamilylaw.com/?p=463312024-06-12T14:49:45Z2024-04-23T05:00:00Zmaximize your deductions and file with confidence.
6 Key 2023 Tax Credit Changes Related to Child Support
Since 2019, several tax credit changes have shifted the way child support impacts filing. For divorced parents, changes to child support and tax credits can have a significant impact on our financial obligations and potential benefits. Here's an overview of the critical changes that might impact your child support and tax credits.
4 Updated 2023 Child Support Calculations
1. Vision Insurance: Child support guidelines now cover comprehensive eye care benefits, so vision insurance is a factor in support calculations.
2. Higher Income Threshold: Most child support cases in North Carolina are subject to predetermined Guidelines. However, for families with a certain level of gross income, those rules do not apply. In 2023, off-guideline combined income increased from $30,000 to $40,000 monthly, or $480,000 annually.
3. No More “No Income” Claim: Parents who stay home with children under age 3 can no longer claim zero income, which helps ensure a fairer assessment of financial contributions.
4. Increased Minimum Income: The self-support reserve, which represents the minimum necessary income for basic needs, has climbed to $1,133 monthly to reflect the cost of living.
2 Tax Credit Changes for 2023
1. Deduction Replaces Refund: The Child Tax Credit has shifted to a $2,000 deduction directly applied to your adjusted gross income. This means the benefit is reflected in your tax bill rather than issued as a refund.
2. Enhanced Credit Amounts: Families with children under age 17 are now eligible for a higher credit, which ranges from $2,000 to $3,600, depending on the child’s age.
Don’t Wait until April to Get the Help You Need!
Contact Spidell Family Law TODAY to Discuss Your Child Support Questions
2023 Tax Laws on Claiming Dependents after Divorce
Who gets to claim the child tax credit after a divorce? Typically, this credit goes to the custodial parent or whoever has primary custody of the child for more than 50% of the year. Under the IRS regulations, there is no such thing as dual custody. So, if your custody agreement entails a 50/50 arrangement, the parent with whom the child resides at least 183 nights during that tax year qualifies for the deduction or to the parent with the higher Adjusted Gross Income (AGI).
What Is Considered a Work-Related Childcare Expense for 2023 Tax Purposes?
Work-related tax laws for claiming dependents can provide significant tax benefits, including reduced taxable income. Here are some examples of expenses that qualify.
● Daycare: Costs associated with daycare centers, preschools, and after-school programs
● Nannies and Babysitters: Wages paid to nannies and babysitters who provide childcare services while you work
● Household Employees: Salaries paid to household employees who primarily care for your dependents while you work
● Transportation: Expenses incurred for transportation to and from childcare facilities, which include mileage and bus fares
● Summer Camps: Costs associated with summer camps that offer educational or recreational activities
Qualifying for 2023 Tax Credits Related to Dependent Care
Childcare expenses must meet the following criteria to qualify for a tax deduction.
1. Necessary for Work: The expenses must be incurred for the care of your dependent(s) while you work or actively look for work.
2. Qualified Dependent: The child(ren) must be under age 13 or physically or mentally incapable of self-care.
3. Dependent Care Provider: The care provider must be someone other than your spouse or a dependent that you claim on your tax return.
4. Documentation: You must keep detailed records of your childcare expenses, including
receipts, invoices, and payment confirmations.
Spidell Family Law Is Here to Help You Navigate Child Support Questions
Do you have additional questions about tax laws claiming dependents after divorce? The compassionate, experienced team at Spidell Family Law can help you handle all of the complexities of divorce, custody arrangements, and more.
Do You Need a Trusted Partner to Help You Understand 2023 Tax Credit Changes?
Contact Spidell Family Law TODAY to Schedule Your Consultation!]]> Spidell Family Law<![CDATA[Here Is What You Need to Know about Third-Party Custody in NC]]>https://www.spidellfamilylaw.com/?p=463292024-06-12T14:50:01Z2024-04-04T05:00:00ZWhat Is Third-Party Custody?
Third-party custody is when a non-parent, such as a grandparent, aunt, uncle, sibling, or any other person, has custody of a child. In North Carolina, third-party custodial agreements are uncommon because biological or adoptive parents have superior constitutional rights over third parties as a matter of law.
When Does the Court Grant Custody to Grandparents or Other Third Parties?
In North Carolina, there is a parental preference for natural or adoptive parents to have custody of their child. This means that, in most situations, a parent will be entitled to the exclusive care, custody, and control of their children. However, when a parent is unfit or has otherwise acted inconsistent with their constitutional rights, the court has the authority to award custody consistent with the best interest of the child.
The Criteria Courts Follow to Determine Custody Rights for Grandparents
Under current law, the non-parent must allege and show facts sufficient to prove that the parent is unfit or neglecting their child's welfare in order to obtain custody.
The first requirement for third-party custody in NC is proving a relationship between you and your grandchild. So, a judge will want evidence that you have had regular contact with the child before filing for custody.
Do you need an NC attorney who can answer your questions about visitation for grandparents?Call TODAY at [nap_phone id="LOCAL-CT-NUMBER-1"] to meet with Spidell Family Law today!
Visitation Rights for Grandparents and Other Third Parties
North Carolina law does not provide visitation to third parties in most situations. However, a grandparent or other third party can seek visitation when there is a child custody case between the parents. In these situations, the third party must file a motion to intervene in the custody action and assert their claim for visitation. A grandparent or other third party seeking visitation must prove that the visitation is in the best interest of the child.
Can Grandparents Sue for Visitation?
In North Carolina, grandparents can sue for visitation with their grandchildren in certain limited situations. The court will consider several factors to determine whether or not to grant grandparent visitation rights. Some of the factors that the court will consider include the following:
● The age of the child
● The strength of your relationship with the child/children
● The wishes of the child
● The custody schedule between the parents
How Much Visitation Can Grandparents Get?
The amount of visitation time you receive will depend on the specific situation and your relationship with the child. However, the Court must consider the constitutional rights of the parents in awarding visitation to a third party. An award of visitation to grandparents can include visitation on holidays, during the summer, and on other special occasions such as birthdays.
Do Aunts and Uncles Have Visitation Rights?
Aunts and uncles are also considered third parties under North Carolina law and, by default, have no legal right to visitation with their nieces or nephews. However, they can ask the court for permission to visit with a child in the same manner as a grandparent.
Spidell Family Law Can Answer Your Questions About Third-Party Custody and Visitation for Grandparents
No matter where you are in the custody or visitation process, Spidell Family Law is here to help. Call us if you have any questions. Our compassionate team of professionals is ready to help you navigate what's next for your family.
I’d Like to Know More About Third-Party Custody Arrangements.
Schedule My Appointment Today!]]> Spidell Family Law<![CDATA[How to Prepare for a Custody Evaluation in North Carolina]]>https://www.spidellfamilylaw.com/?p=463372024-06-27T04:37:05Z2023-12-07T06:00:00ZWhat Is a Custody Evaluation?
During a custody evaluation, a neutral party, such as a psychologist, evaluates a parent's fitness to care for their child. The evaluation helps the court decide the child's best interests.
How to Prepare for a Custody Evaluation
Are you getting ready to navigate the custody evaluation process? Here are eight custody evaluation tips to help you prepare for your home visit and what comes next.
#1: Hire a Custody Attorney
A lawyer will help you understand the custody evaluation process and protect your rights. They'll also make sure you best present yourself to the evaluator.
#2: Be Honest and Cooperative with the Evaluator
The evaluator must document a complete picture of your parenting skills, relationship with your child and any mental health concerns. If you’re honest and cooperative, it will make the process go more smoothly. Be honest regarding any prior diagnoses or medication history, and substance abuse issues. Being dishonest to the evaluator can be a major red flag!
#3: Gather Evidence to Support Your Case
Want to make sure the evaluator gets a complete picture of your child and family dynamic? Gather school reports, medical records, and letters from friends and family members who can attest to your parenting skills. Provide documentation when requested by the evaluator of the custody or divorce proceedings, any DSS/ CPS involvement or other requested documentation.
#5: Dress Appropriately and Arrive on Time for Your Appointments
Make an excellent first impression and put your best foot forward. The evaluator will form an image of you based on your appearance and demeanor.
#6: Be Respectful of the Professional Who Conducts the Custody Psychological Evaluation
Remember, the evaluator is doing their job to help both you and your child. Treat him/her with respect, even if you may disagree with them.
#7: Be Prepared to Discuss Your Mental Health History
If you have a history of mental illness, the evaluator will want to know how it affects your parenting skills. Be honest and open about your mental health history, and be prepared to discuss how you currently manage your mental health, including any therapeutic involvement or medications prescribed.
#8: Be Prepared to Take a Drug Test
Depending on your history, the evaluator (or the court) m request a drug test as part of your custody evaluation process. If you are concerned about drug use, be honest with the evaluator and be prepared to take a drug test.
What Happens after a Custody Evaluation?
After you complete a custody evaluation, the evaluator will submit a report to the court. The information will include the evaluator's findings and recommendations regarding child custody and visitation or other parenting arrangements such as third-party custody. It will also include the evaluator’s concerns regarding parental fitness. The court will then review the report and make a custody decision.
The evaluator's recommendations do not bind the court, but they often carry a lot of weight.
A custody evaluation is just one part of the decision-making process. The parents will be able to review the evaluator's report and provide their input at trial. The court will also consider other factors, the parents' history, the child's wishes, and ultimately make a decision in the child's best interests.
Contact the Custody Lawyers at Spidell Family Law Today
It’s essential to prepare for success and understand the process when facing a custody evaluation in North Carolina. You can increase your chances of getting the outcome you want in court for your child by following the tips outlined in this article.
Call Us Today at [nap_phone id="LOCAL-CT-NUMBER-1"] to Schedule Your Custody Evaluation Consultation]]> Spidell Family Law<![CDATA[How Does a Domestic Violence Protective Order Impact Child Custody?]]>https://www.spidellfamilylaw.com/?p=463242024-06-12T14:50:31Z2023-12-05T06:00:00Zdivorce from a narcissist spouse, the path can be treacherous, with emotions running high and questions mounting. But you don't have to do it alone. This post will cover everything you need to know to navigate your case confidently.
What Is a Domestic Violence Protection Order?
First and foremost, domestic violence protective orders can serve as critical evidence of abuse in child custody cases. When an order is in place against one parent, it often tilts the scales unfavorably for them in the eyes of the court. This legal document attests to the existence of domestic violence; it paints a concerning picture that can heavily influence custody decisions.
Beyond serving as evidence, a domestic violence protective order (DVPO) (also referred to as a 50B) can also act as a protective measure for the children involved. Courts can restrict the parent's access to their child(ren). This may manifest as supervised visitation arrangements or, in severe cases, a complete prohibition of contact between the parent and the children. These measures are designed to ensure the safety and well-being of the children, and prioritize their protection above all else.
What to Do If You’re Considering Filing a DVPO
A domestic violence protective order can be vital to reclaim safety and peace. From consulting with an attorney to gathering critical evidence and navigating the legal process, here are five steps to follow.
Step 1: Consult with an Attorney
If you're considering filing a Domestic Violence Protective Order (DVPO), seek advice from a family law attorney who has experience with both domestic violence and contested child custody. They will guide you throughout this process, help you understand the legal requirements, and ensure you take the correct steps.
Step 2: Gather Evidence
To bolster your case, collect essential evidence that demonstrates the abuse you've endured. This evidence typically includes the following:
● Police reports that detail incidents of abuse
● Medical records that document injuries resulting from violence
● Statements from witnesses who can corroborate your experience
● Photos of any injuries or damage to personal property
● Texts/ emails or recordings of any threats or admission of violence
Step 3: Petition the Court
With the guidance of your attorney, submit a formal petition to the court that outlines your request for a DVPO. This document will serve as the foundation of your case, so it's crucial to ensure accuracy and completeness.
Do you have a domestic violence protective order NC case pending?You don't have to navigate domestic violence and custody alone.Contact Spidell Family Law TODAY to schedule your consultation!
Step 4: Attend the Court Hearing
The court will schedule a hearing to assess the validity of your DVPO request. Your attorney will be pivotal during this hearing. They will present your case persuasively and advocate for your protection.
Step 5: Receive the DVPO
You will be issued a Domestic Violence Protection Order if the court grants your request. This order outlines the specific terms and restrictions the other parent must abide by. It becomes a legally binding document to ensure both your safety and the safety of your children.
What to Do if You Are the Subject of a DVPO
Being the subject of a Domestic Violence Protection Order (DVPO) doesn't mean you have to surrender your rights. You have the right to legal representation and a hearing to present your case. Often, there may be a separate custody case from the DVPO, which can grant you additional time with your children, despite the DVPO being in place.
Note that it's crucial to respect the terms of the DVPO. You can face severe consequences, including legal penalties and incarceration, if you violate it.
If you believe the DVPO is unjust, or the circumstances change, you can take action. You may be able to file a motion to modify or vacate the DVPO, and seek a fair resolution in light of new information or changed circumstances. It’s vital to understand your rights and legal options as you navigate this challenging situation.
Domestic Violence Protective Order? Spidell Family Law Can Help
If you’re facing a domestic violence protection order, the attorneys at Spidell Family Law are here to help you throughout the journey. We will answer all of your questions about domestic violence in custody cases and guide you through the restraining order and custody process. Our compassionate, skilled team knows the ins and outs of DVPOs in North Carolina.
Don't wait to get the domestic violence protective orders guidance you need!
Call Spidell Family Law TODAY at [nap_phone id="LOCAL-CT-NUMBER-1"] discuss your domestic violence protective order.]]> Spidell Family Law<![CDATA[5 Ways to Be Safe During a Divorce or Domestic Dispute]]>https://www.spidellfamilylaw.com/?p=463232024-06-12T14:47:23Z2023-11-03T05:00:00Znarcissist spouse? If so, you may feel scared, lonely, and uncertain about staying safe during a divorce. Unfortunately, domestic violence and divorce too often go hand in hand, and the risk of domestic violence is especially high during the divorce process.
But there is hope, and you can protect yourself. Keep reading for five tips to stay safe during a high-conflict divorce.
Tip #1: Create a Safety Plan
A safety plan for domestic violence victims can help those who have been abused to quickly navigate an escalating situation. So, before you do anything else, create a safety plan that includes the following:
● a list of safe places to go,
● people you can call for help, and
● steps you can take to protect yourself and your children.
Visit the National Domestic Violence Hotline's website for free templates, tools, and information to help create your safety plan.
You can also call them at 1-[nap_phone id="LOCAL-CT-NUMBER-1"] or text START to 88788.
Tip #2: Secure Your Home to Stay Safe During a Divorce
With your safety plan in hand, it's time to take action. Here are five steps you can take to feel safe in your home.
1. Install a security system. Deter your abuser from coming to your home and provide yourself with peace of mind. This may include audio or video recording.
2. Change the locks on your doors and windows — even sheds and other outbuildings. Add an extra security bar to any sliding glass doors. This will make it more difficult for your abuser to get into your home without your permission. Reprogram your garage door opener.
3. Let your neighbors know you are in danger. They can be on the lookout for your abuser and help you if needed. If you are in an apartment, make your landlord or property management office aware.
4. Keep a copy of your safety plan with you at all times. Make sure you have it handy during an emergency. This may include a copy of a Domestic Violence Protective Order.
5. Stay aware of your surroundings. If you feel unsafe, trust your gut and leave the situation. And if you need one, don’t be afraid to file a restraining order.
Whether you plan to file a Domestic Violence Protective Order (also known as a restraining order or 50B) — or you need to build a case for divorce court — it's essential to document everything! Here are a few tips to consider.
● Keep a journal of any incidents of abuse. Include dates, times, and descriptions of what happened. You should also include descriptions of any injuries you sustained and any witnesses to the abuse. Take photos/ videos of any injuries or damage to property.
● Take pictures or videos of any injuries or damage to your property. Evidence like this is beneficial in court.
● Keep copies of medical records, police reports, or restraining orders. These documents also count as evidence in court. If you have one, keep your 50B on you at all times.
● Tell someone you trust about the abuse. If someone else knows about the abuse, they can serve as a witness in court. Call 911 in the event of domestic violence.
Tip #4: Establish a Support System
Talk to friends, family, or a therapist about what you're going through. A strong support system can help you stay safe and cope with the stress of a divorce or domestic dispute.
Let those closest to you know about the divorce and any potential risks or concerns you may have about your safety. Share essential details, such as any restraining orders, divorce motions, or court orders in place to keep you safe during a divorce.
Tip #5: Get Legal Help
A family lawyer can help you understand your legal rights and options, and they can represent you in court if necessary. If you need a restraining order, divorce protections, or have questions about a domestic dispute vs. domestic violence, it’s essential that you work with a skilled attorney who can help you navigate the process.
From filing your protective order to determining custody agreements and every step in between, your caring team at Spidell Family Law is here to help you.
Don't leave your safety and future to chance.
Spidell Family Law Is Here to Help Keep You Safe During a Divorce
Schedule Your Appointment TODAY.]]> Spidell Family Law<![CDATA[The Top 5 Things You Need to Know about Alimony in NC]]>https://www.spidellfamilylaw.com/?p=463622024-06-11T17:11:02Z2023-11-02T05:00:00ZYour most common questions answered
Navigating a divorce can feel like a rollercoaster ride, and alimony can profoundly impact your life after divorce and shape your financial future. That’s why understanding the ins and outs of alimony in NC is essential. Here, we answer the top questions about alimony in North Carolina. Keep reading to empower yourself with the knowledge you need to secure a brighter post-divorce financial future.
1. What Is Alimony?
Alimony, also known as spousal support, is a legal obligation that requires one spouse to provide financial support for the other after a divorce. Its purpose is to ensure the recipient spouse can maintain a comparable standard of living to what they had during the marriage.
However, it's crucial to understand that not all divorce cases automatically qualify for alimony. The law regarding alimony in NC sets specific factors the court considers before it will award alimony. So, let's delve into these and gain a clearer picture of how it works.
2. Do You Qualify for Alimony in North Carolina?
The court considers several factors to determine who qualifies for NC alimony:
● Length of the marriage
● Financial resources of each spouse
● Standard of living during the marriage
● Contributions made by each spouse
● Age and health of both parties
● Earning capacities of both parties
● Instances of marital misconduct
These factors also help determine the amount of alimony the judge may grant. Overall, the process aims to ensure fairness and appropriately support the financially disadvantaged spouse.
Do you have questions about NC spousal support?
Speak with a family lawyer.
Call Spidell Family Law TODAY!
3. What Are the Different Types of Alimony in North Carolina?
In North Carolina, alimony can take various forms:
● Post-Separation Support — This temporary alimony provides financial assistance during the separation period. It aims to help the recipient spouse maintain financial stability during the divorce proceedings.
● Permanent Alimony — When there is a substantial difference in the spouses' earning capacities, the court may award permanent alimony. It continues until the recipient's spouse remarries, cohabitates, passes away or another set time period. The aim is to ensure the recipient spouse can maintain a similar standard of living they had during the marriage.
The type of alimony awarded will depend on the case's specific circumstances, including both parties' financial needs and earning potentials.
4. What Disqualifies You from Alimony?
While alimony is intended to support the financially disadvantaged spouse, certain factors may disqualify you from receiving it.
1. If you've been found guilty of marital misconduct, such as adultery or abandonment, it may affect your eligibility for alimony.
2. Purposefully hiding assets or depleting your income can also impact your chances of receiving alimony.
5. When Should You Consult with an Expert?
It can be overwhelming to navigate the complexities of alimony laws in North Carolina. Therefore, it’s crucial to seek reliable assistance. Consulting with an family law attorney is highly recommended for anyone who needs to know more about NC spousal support. They can evaluate your unique situation, explain the intricacies of the law in a way you can understand, and provide personalized advice based on your circumstances.
Looking for an Attorney Who’s Knowledgeable About Alimony in NC? Call Spidell Family Law
It’s vital to understand alimony in North Carolina when going through a divorce. Be empowered to know the qualifications, types, and potential disqualifications for alimony so that you can make informed decisions. Remember, it’s critical to your rights to seek the guidance of a knowledgeable alimony attorney.
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What Is Alienation of Affection?
Alienation of affection is a tort only a few states recognize, including North Carolina. This claim is available when a third party intentionally causes your spouse to lose affection or love for you, resulting in a damaged marriage and, in most cases, separation and divorce.
In most cases, the defendant in an alienation of affection lawsuit is the person who had a romantic relationship with your spouse while you were still married.
Is Alienation of Affection a Crime?
No, alienation of affection is not a crime. However, a civil tort allows an innocent spouse to sue a third party for damages if they lose their spouse's affection.
Can You Sue for Alienation of Affection in North Carolina?
Yes, you can sue for alienation of affection in North Carolina. It is one of the few states that still recognize this claim. The offended spouse can bring an action against a third party who is allegedly responsible for damage to the marriage. Typically, this third party is the lover of the other spouse, but in rare cases has extended to in-laws or other family members who have interfered in the marriage.
What Does Alienation of Affection Mean and Is Alienation of Affection Grounds for Divorce?
Alienation of affection means a third party intentionally caused your spouse to lose affection or love for you and damaged the marriage. In an alienation of affection North Carolina lawsuit, you must prove the defendant's malicious conduct contributed to or caused the loss of affection in your marriage. You must also prove that there was at least some degree of love and affection in the marriage. This is not a high burden to typically prove. Examples of evidence to show love and affection are family vacations, Valentine’s Day cards, etc.
Alienation of affection is not one of the statutory grounds for divorce in North Carolina.
What Constitutes Alienation of Affection?
Alienation of affection constitutes intentionally causing a married person to lose affection or love for their spouse. This can include the following:
Seducing or pursuing a married person
Providing emotional support the spouse should give
Engaging in any intentional conduct that damages the marriage
Defendants in alienation of affection suits are often the adulterous spouse's paramour (or lover), but family members, counselors, therapists, or clergy who advised divorce can also be sued.
Do you have a case for alienation of affection?Do you need a North Carolina alienation of affection attorney?Contact Spidell Family Law TODAY to schedule your consultation!
What Are the Defenses for Alienation of Affection?
Defenses for alienation of affection include:
Not knowing the person they were involved with was married
The guilty spouse was the aggressive seducer
It is NOT a defense that:
The defendant did not intend to ruin the marriage
There were prior problems in the marriage unless those problems destroyed the love between the spouses.
How to Fight Alienation of Affection
If you're facing a lawsuit for alienation of affection, consult a family law attorney who can help prepare a strong defense. It's not a defense if the guilty spouse consented to the conduct, but it may be a defense if the defendant wasn't the aggressive seducer.
Marital problems alone aren't a defense unless they negate love. Criminal conversation lawsuits require proof of sex between the non-spouse and one of the spouses and knowledge of the marriage.
Here are three tips to consider if you're preparing a defense against alienation of affection:
Gather evidence to support your defense, such as emails or texts.
Stay calm and avoid retaliatory behavior, as this could be used against you in court.
Make a list of witnesses who may be able to corroborate your case.
Consider hiring a Private Investigator prior to separation to establish your claims,
How to Prove Alienation of Affection
To succeed in an alienation claim, the plaintiff has to show the following elements:
The marriage entailed love between the spouses to some degree.
The spousal love was alienated.
The defendant's malicious conduct contributed to or caused the loss of affection.
What Is Criminal Conversation?
While alienation of affection doesn’t require proof that your spouse and their paramour engaged in sexual activity, criminal conversation lawsuits do require proof of sex between the spouse and non-spouse as well as knowledge of the marriage. The requirements are as follows:
1) The non-spouse knew there was an actual marriage between the husband and wife.
AND
2) The non-spouse had sex with one of the spouses.
Are You Looking for an Alienation of Affection Lawyer?
Don't let the complexities of this emotionally charged area of family law overwhelm you. Instead, turn to Spidell Family Law for guidance and support.
Don't wait any longer to get the help you need!
Call Spidell Family Law TODAY at [nap_phone id="LOCAL-CT-NUMBER-1"] to take the first step toward resolving your alienation of affection case.]]>