Articles Tagged with alienation of affection

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

The decision to get divorced is a tough one. When one spouse wants to get a divorce, that does not necessarily mean that the other spouse wants to end the marriage, too.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

Although couples can obtain a no-fault divorce in North Carolina, marital misconduct may play a prominent role in divorce proceedings. Specifically, any acts that constitute marital misconduct may affect such aspects of divorce as alimony and even child custody.

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

When you told your friends about your plans to seek a divorce, you may have heard from them something along the lines of, “There are plenty of fish, you should start seeing new people ASAP.”

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

You might want to read this one if your husband or wife is cheating on you, or you filed for divorce because of your spouse’s infidelity. North Carolina is one of only a few states that allow cheated-on spouses to sue their spouse’s lover for “alienation of affections,” or, in other words, for destroying their marriage.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect who gets custody?”

Being hurt by the one you love is devastating, especially when it is in the form of an extra-marital affair. If your spouse has had an affair during your marriage, he or she is not the only one at fault. There is a third party that is also involved in the situation. North Carolina is one of the six states that will prosecute another person for alienation of affection. Alienation of affection is a tort action against the third party who has engaged in the affair with your spouse. Essentially, you are suing the third party for depriving you of the love and affection of your spouse.

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

In many places, if a marriage ends due to an affair, the innocent spouse may be left with anger and hurt feelings, but will otherwise have no recourse. That is not the case here in North Carolina, one of the few remaining states to recognize the right of an innocent spouse to bring claims for alienation of affection or criminal conversation. Though the cases are relatively rare, they still occur each and every year, with some, like a recent case out of Winston-Salem, grabbing headlines.

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

Many people have skewed views of what happens in a courtroom. Television and movies have done a disservice to our understanding of what really goes in when you’re in front of a judge. We expect fireworks, tears, shocking revelations, audible gasps from the jury and if we don’t get it we’re disappointed. The reality is that in the vast (and I mean vast) majority of cases, you’re simply trying to hold people’s attention. Just as one example, discovery obligations and rules of evidence make it unlikely that surprises will occur, both sides usually see any “surprise” coming long before it’s ever presented in court.

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