Albemarle Alimony Lawyer

The Law Offices of Aimee E. Cain Albemarle Alimony Attorney

The navigation of finances within a divorce or separation can stir up feelings of fear and anxiety. Spousal support or alimony is a legal action that can be taken to provide the financial stability needed in the transitory moments of a divorce. This financial support can be awarded to a spouse if it can be demonstrated that this party was financially reliant on their partner within their marriage. An Albemarle alimony lawyer can assist you in this process.

In general, the spouse that earned less income will, in legal terms, be considered dependent on the other spouse, which can award them spousal support upon divorce or separation. If an alimony claim is filed, the court can require spousal support payments to the dependent party.

The process of determining eligibility and payment amount is determined by several factors. Spousal support attorneys are fluent in navigating alimony claims and can bring a great deal of stability and experience to these proceedings.

Factors Considered in Spousal Support Agreements

In the state of North Carolina, either member of a marriage going through a divorce can be granted spousal support. The “supporting spouse” (the party paying support) can be required by law to pay the “dependent spouse” (the party receiving support) a determined financial amount in a monthly payment or in a lump sum payment.

A judge determines the validity of an alimony claim and will allow both parties the opportunity to state their stance on financial need or lack thereof. Numerous factors are reviewed by the court when determining the terms of alimony, such as payment amount and duration. Factors that the court reviews when considering spousal support can include the following:

• Current expenses and needs of both parties.
• The child custody agreement.
• Marital and non-marital property and assets.
• Both spouses’ earning potential and financial history.
• The length of the marriage.
• If marriage misconduct was involved.
• The mental and physical conditions of both parties.

Receiving the support of an Albemarle, NC, alimony lawyer can provide essential insight and clear direction in determining the validity of your alimony claim.

Benefits of Hiring a Spousal Support Attorney

Hiring a spousal support attorney can offer countless benefits to your claim, including the following:

• The legal experience that a family lawyer offers can include a case assessment, an explanation of your rights, an understanding of spousal support laws, and guidance through the legal complexities of your case.
• An attorney will serve as your advocate, representing your needs and desires in all legal proceedings. They will work to secure the desired results of your spousal support claim.
• Divorce and alimony claims require a lot of paperwork and documentation, which your family lawyer will ensure is accurate and complete.
• An alimony attorney is highly familiar with these types of cases and can offer sound and clear judgment and opinions in situations where emotions can often run high. You can count on decisions being made based on a clear understanding of laws and requirements and not emotions.
• Attorneys offer skilled negotiation experience as well as effective court representation if your claim proceeds before a judge.
• Laws and regulations vary by state and can undergo changes and adjustments. Enlisting the help of a family law attorney will ensure proper adherence to all local requirements.

Albemarle Alimony Law FAQs

Is North Carolina a 50-50 State in Divorce?

North Carolina is not a strict “50-50” state when it comes to divorce settlements. The state follows the principle of fair and equitable distribution of all marital property, which does not always mean equality. The court will consider several factors to determine the allocation of assets and debts between spouses, including the income of each party, duration of marriage, contribution to marriage, and more.

Is NC a No-Fault Divorce State?

Yes, North Carolina is a no-fault divorce state. To apply for a no-fault divorce, spouses can indicate that there were irreconcilable differences or extended separation as grounds for the divorce. A one-year separation is often required for this type of divorce to be accepted by the court. This legal indication states that a specific spouse is not to blame for the deterioration of the marriage. A no-fault divorce signals the mutual agreement to move towards a legal termination of the marriage.

Do You Have to be Separated for a Year to Get Alimony in NC?

Alimony or spousal support is generally not tied to a specific time requirement in the state of North Carolina as it can be for a no-fault divorce. The decision of alimony or spousal support can be determined and influenced by several factors other than the duration of separation. The factors the court will review in order to decide this financial support include:

• The unique financial situation of each spouse.
• Each spouse’s current and future earning potentials and capacities.
• The duration of the marriage.
• The contributions of the marriage.

What Is the Cost of a Divorce in NC?

A North Carolina divorce can vary in cost based on the unique circumstances of each case. Generally speaking, if navigating an amicable, no-fault divorce where all terms such as child support and child custody, asset distribution, and more are all agreed upon, the overall costs can be lower. However, if the divorce involves multiple disputes, court appearances, custody battles, and extensive legal proceedings, the costs will generally increase significantly.

Receiving Assistance Through Spousal Support

The process of seeking spousal support can be a daunting and overwhelming process. There are instances where modifications or enforcement of these legal agreements need to happen. But, the steps to achieve this modifications or enforcement of agreements are unclear. Family law professionals are here for this very reason: to step in and supply information and direction. Allow The Law Offices of Aimee E. Cain to assist.

If you need support from an Albemarle, NC, alimony lawyer, contact The Law Offices of Aimee E. Cain. Our team is experienced and very knowledgeable in navigating the up-to-date laws and mandates that will assist in your spousal support case. Contact our office today to see how we can assist you with your alimony claim.