How did Miranda Lambert and Blake Shelton get divorced in just 2 weeks?

You may have heard that Blake Shelton and Miranda Lambert are divorced after he filed divorce documents just 2 weeks before it all became final. After  4 years of marriage and allegations of adultery from both sides, the divorce was signed by a judge in Oklahoma earlier this week.* Many are wondering, how can a couple get divorced that quickly? Did they have time to try to fix their problems?

According to Title 43, Section 101 of the Oklahoma Statutes, a divorce is granted only on a basis of fault. While states like North Carolina do not require that either party was at fault to grant a divorce, Oklahoma requires one spouse to show that the other engaged in one of the following:  

1. Abandonment for one year 
2. Adultery
3. Impotency
4. Wife is pregnant by another man while married
5. Extreme cruelty
6. Fraudulent Contract
7. Incompatibility
8. Habitual Drunkenness
9. Gross neglect of duty 
10. Imprisonment for a felony
11. Divorced in another state
12. Spouse insane for 5 years

So, it seems that there is no waiting period of 6 months or one year as there is in other states before a divorce is granted. Just a showing that one person caused the divorce and it, therefore, should be granted.

In North Carolina you must only show that: 

1. You and your spouse have lived separate and apart for one year
2. AND least one of you intended to end the marriage when you left the marital home.

Keep in mind that you must file for alimony, post-separation support, and a distribution of the property before your divorce is finalized otherwise you lose these claims forever. 

There are also issues that may arise if you and your spouse reconciled during the separation, if someone cheated or engaged in "marital fault," or had children during the marriage so be sure to contact an attorney before filing any documents. Calculating alimony and post-separation support will also require the assistance of an attorney so be sure to submit any questions to my email below.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*See www.tmz.com article by TMZ Staff, "Blake Shelton, Miranda Lambert OFFICIALLY SINGLE Judge Signed Off on Divorce," http://www.tmz.com/2015/07/20/blake-shelton-miranda-lambert-divorce-judge-single.

**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Can I still live with my ex after we are separated or divorced like Ben Affleck and Jennifer Garner?

As you may have heard, Ben Affleck and Jennifer Garner have ended their marriage pretty amicably. It is reported that they still wear their wedding rings and live together despite being recently divorced. Some couples may choose to do the same for financial reasons or for the sake of the children. 

In North Carolina, if you are considering living with your ex while separated consider the following: 

1. Remember that you must live "separate and apart" for one year before getting divorced
2. When the parties "reconcile" and move back in together, the clock for the one-year separation requirement before getting divorced starts over
3. Post-separation support also ends if the party receiving it "resumes marital relations" with their spouse

If you are considering living with your ex after divorced consider:

1. In NC, alimony ends if the receiving party engages in "cohabitation" 
2. Arguably, your moving back in with your ex-wife/ex-husband is cohabitation which may terminate alimony payments

***If you have questions about moving back in with your spouse or ex, please contact our office for more information on the potential claims or loss of claims against you or your spouse. Keep in mind that there are negative implications to moving in or out of the marital home at certain phases of the marriage so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

What if my name or my spouse's name is listed on Ashley Madison or AshleyMadison.com?

As you may have heard, there was a recent breach in the online cheating site AshleyMadison.com's security system listing clients who have used the site's services. The site caters to married individuals or those in a relationship hoping to cheat on their mates with like-minded people boasting the slogan, "Life is short. Have an affair." (See the online article "Online Cheating Site AshleyMadison Hacked" by Brian Krebs at www.krebsonsecurity.com)

If you've seen your spouse's name listed or suspect that they might be cheating, you have a few options in North Carolina.

1. Collect Post-Separation Support (PSS)
   
1. PSS is given to the spouse who was not at fault AND depends on the cheating spouse financially
2. PSS ends on the date the divorce is finalized
2. Collect Alimony
   
1. Alimony is given to the spouse who was not at fault AND depends on the cheating spouse financially
2. Alimony will be paid for a length of time after the divorce is finalized but will end if the non-cheating spouse remarries, moves in with someone of the opposite sex or either party dies
3. Begin to split the property
   
1. Even if you do not qualify for PSS or Alimony you can split up the property and begin collecting money from your spouse's pension, 401k or other assets earned during the marriage
2. No cheating or fault is required for this process to begin
4. File a lawsuit of Alienation of Affections and/or Criminal Conversation against their lover(s).  
   
1. If you also know the name(s) of the person(s) your spouse contacted and possibly cheated with, you may have a lawsuit against him/her for Alienation of Affections and/or Criminal Conversation
2. For more information on these potential claims, see my blog post titled My Spouse Cheated How Can I Get A Divorce?
5. Separate from your spouse and wait for the one year time period to get divorced
   

If your name is listed on AshleyMadison.com you have a few options in North Carolina including:

1. Speak to your spouse about what happened in a very open and honest conversation before they hear about from a 3rd party (and they will hear about it)
2. Consult with an attorney about filing a lawsuit for fraud and/or breach of contract against Avid Life Media, the company that owns AshleyMadison.com (See the online article "Online Cheating Site AshleyMadison Hacked" by Brian Krebs at www.krebsonsecurity.com)
3. Consult with an attorney about any claims your spouse may file against you for cheating (listed above) during the marriage to make a plan of action and hopefully proactively reach an agreement before the case ends up in court.

***If you or your spouse were listed on AshleyMadison.com and you live in the areas listed below, please contact our office for more information on the potential claims against you or your spouse. Keep in mind that there are negative implications to moving out of the marital home so always contact an attorney before taking any action.***

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.