Should I get a divorce?

There are several reasons that people consider divorce and the final decision is never an easy one to make. There will be mediation conferences, hearings, exchanging of financial documents and continued stress until the process is over. However, if you are considering divorce in North Carolina, be sure to consider the legal and financial ramifications as well including: 

Child Custody and Child Support

1. If there were children born during the marriage the court will grant physical custody to one parent and the other will pay child support to him/her
2. The parent who is not awarded custody will likely see their children on weekends and alternating holidays
3. See my Custody and Child Support blogs for more info

 Separation of Marital Property and Debt

1. The courts will determine what property was purchased during the marriage and what debt was incurred during the marriage
2. The court will then divide this property and debt equally amongst each spouse (even if you did not incur the debt personally)
3. For more info check out my Marital Property Blog.

 Post-Separation Support and Alimony

1. In NC, the spouse who makes more money during the marriage is considered the supporting spouse 
2. The supporting spouse can be ordered to pay post-separation support to the "dependent spouse" allowing him/her to maintain the lifestyle he/she enjoyed during the marriage
3. Alimony is generally awarded after the divorce which is guaranteed to the dependent spouse if the supporting spouse cheated
4. See my Post Separation Support Blog for more info

 Claims against your Mistress/Paramour

1. Speaking of cheating, your spouse can collect from your mistress/boyfriend in claims for Alienation of Affections, Criminal Conversation, and Loss of Consortium 
2. See my Homewrecker Blog for more info

Unpaid Tax Bills

1. Some couples wait to get divorced after years of separation
2. However, during this separation period, the IRS still views you as married and you are both required to file taxes. 
3. If your spouse has failed to file taxes during this period and back taxes are owed, this could effect you both as it will likely be considered marital debt. Unlike other creditors, the IRS can also put a lien on your marital home even if just one of you has not paid taxes. 

For more detailed questions, contact me at (919)321-6569, Nastasia@KisalaWatkins.com, www.kisalawatkins.com.

What if my husband or wife is infertile?

In NC, there are a few events that allow you to annul a marriage and one of those is an infertile or impotent

spouse. If either spouse is physically impotent at the time of the marriage and/or cannot reproduce, the marriage can be annulled. Generally, the impotence must be medically diagnosed by a doctor and must have existed at the time of marriage. So, if after 20 years of marriage your spouse can no longer "move like they used to," you are not entitled to an annulment. 

What is an annulment?
An annulment is an order from the court stating that your marriage never existed. This is very different from a divorce which simply ends an existing marriage. An annulment does not give the rights to post-separation support, alimony, or a distribution of the property as does a divorce. A major misconception is that the length of the marriage warrants an annulment, however, in NC this is not a factor. However, a marriage that has been followed by the couple living together and the birth of a child cannot be annulled once one of the parties is deceased (unless the marriage is bigamous).

For more information on annulments and divorces in NC, contact me at (919)321-6569, Nastasia@kisalawatkins.com; www.kisalawatkins.com.

What happens if I miss or skip jury duty?

 

What's more exciting than getting a jury summons scheduled for the day of your family vacation?!! Answer: just about Anything else. 

In NC, a jury summons is an official court summons. If you fail to report to jury duty the court could hold you in contempt, order jail time, and/or impose a $50 fine for not responding to a jury summons.

If you have an emergency and cannot attend, you may ask a District Court judge to change your jury service date. You may also ask to be excused if you have a medical reason that prevents your service or if you have served as a juror within the past two years, or are otherwise ineligible to serve. If your jury summons does not tell you how to request a deferral, call the Clerk of Court’s Office in your county.

Remember: It is against the law for your employer to fire or demote you because you served jury duty. However, the law does not require that the employee be paid in full while you are serving.

For more detailed questions, contact me at (919)321-6569, Nastasia@kisalawatkins.com

***The information in this blogpost was taken from www.nccourts.org***

 Picture credit:  http://simpsons.wikia.com/wiki/File:Simpsons_Cast_Jury_on_Family_Guy.PNG

What if my ex doesn't pay child support or alimony?

In NC, if you have been granted a Court Order for child support or alimony then your ex or spouse is in violation of the order if he/she does not pay the amount at the time the order requires. 

To recoup your money, you must file a Motion for Order to Show Cause requiring your ex to explain why he/she did not pay the money as ordered. It is your burden to prove that your ex willfully refused to comply with the order so be sure to include specific instances of missed payments and dates. 

You must also submit an unsigned Order to Show Cause which the judge will sign should they find that your ex did in fact violate the order. Be prepared for a hearing where you must show proof of everything you claimed in your motion. Judges like physical proof so bring bank statements, e-mails, payment ledgers, and any other proof showing that the payments have not been made on time.

If the court finds that your ex did in fact willfully violate the order and refused to pay up, they will be found in Civil Contempt and will receive sanctions, fines, and/or jail time. Your deadbeat ex can also be required to re-pay your attorney's fees since you had to drag them to court to get your alimony or child support payments.

For more specific questions or legal advice about your case, contact me at (919) 321-6569, Nastasia@KisalaWatkins.com, www.kisalawatkins.com.