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Wilmington, North Carolina 28403


Frequent Asked Questions

In North Carolina, "absolute divorce" refers to the termination of the marriage bond that was created by your wedding ceremony and marriage certificate. Divorce permanently ends that marital relationship. Because the marital relationship is terminated, the spouses no longer owe each other any further marital obligations or duties, and they are free to remarry.

Usually, a parent with primary physical custody is eligible for Child support from the non-custodial parent. Child support can be initiated through consent of the parties, or through the court process where a Judge orders a reasonable amount of child support based on both parties’ incomes and the needs of the child or children. Parents of a child do not need to have been married in order to have a child support order.

There are many ways to defend against an alimony claim. One of the most effective methods is to have a full grasp of the true expenses and financial needs of both parties. This may require appraisals on real property, businesses owned by the parties, and even on certain items of personal property. Another common defense is to present evidence of marital conduct, such as adultery, committed by the spouse seeking the alimony.

No, not in North Carolina. States that have “fault” divorce laws allow “innocent” spouses to obtain a divorce on the basis of emotional, physical, or financial injuries caused by the “guilty” spouse (the one who has committed some kind of marital misconduct). Obtaining a divorce on the basis of fault can be time-consuming and difficult, so North Carolina abolished all its fault laws in 1983.

Unlike the Alienation of Affection claim, Criminal Conversation refers to adultery only. The only element required to prevail in this type of action, is proof (or the greater weight of the evidence) that the defendant engaged in sexual intercourse with your spouse while you were still living together as a married couple.

You can always modify a child custody order by consent. However, if you and the other parent are unable to agree on the terms, then you will have to file a motion to modify custody and be prepared to show the Court that there has been a substantial change of circumstances since the entry of the prior order, affecting the welfare of the minor child.

No, you do not have to go to court. Parties are often able to agree upon the specific terms of an order and enter what is called a consent order for child custody.


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