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I have been married for almost 3 years, and we have been…

Customer Question
Hello I have been...

Hello I have been married for almost 3 years, and we have been together 10. My husband recently left home, I am sure he is cheating around. The house is in his name because he had better credit. He also has several rental properties he has purchase since we have been together. I asked him can I get house financed in my name now and he said no. I want to know my options. I have three children and one with him who is four.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I have not taken any steps because he just left Saturday. I actually did not know what steps to take.

Lawyer's Assistant: Family law varies by state. What state are you in?

North Carolina

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to See if alimony is a option ? I would like to stay in home if possible also.

Submitted: 5 months ago.Category: Family Law
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Answered in 5 minutes by:
4/2/2018
Family Lawyer: RayAnswers, Lawyer replied 5 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 49,634
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 5 months ago

You are going to need lawyer here to get you the residence and spousal support/alimony.You have good claim to both as well as child support.The lawyer can get a hearing on temporary orders so you have spousal, child support and residence during the pendency of the divorce.

The fact that title is in his name doesn't matter these are all marital properties.

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I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 5 months ago

In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action.

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Family Lawyer: RayAnswers, Lawyer replied 5 months ago

Alimony in North Carolina is payment for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the “supporting spouse” to the “dependent spouse.” ... The North Carolina alimony statutes contain sixteen factors which guide the court in making an alimony determination.

Will You Owe Your Spouse Alimony After a Divorce? - Rosen Law Firm

https://www.rosen.com/alimony/alimonyarticles/alimony-details/

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Family Lawyer: RayAnswers, Lawyer replied 5 months ago

In North Carolina, there are two types of spousal support. Post-separation support is a form of temporary financial support paid while the divorce is in process; alimony is the financial support one spouse pays to the other after the divorce is finalized. Either spouse can request post-separation support while the divorce is being resolved. The judge will look at each spouse’s income, earning abilities, financial need, and the marital standard of living.

Post-separation support ends when the final judgment is entered; at that point the judge will either make an order that support is no longer necessary, or establish an order for permanent alimony. If the couple has signed a separation agreement or a prenuptial agreement waiving or agreeing to a certain amount of alimony, the court order will be consistent with those agreements .

Determining The Amount of Alimony

To determine the amount of alimony and how long it will last, the judge will look at a variety of factors. The court evaluates a number of factors:

  • each spouse's relative earnings and earning capacity
  • any marital misconduct
  • each spouse's physical, mental, and emotional conditions
  • the duration of the marriage
  • the standard of living during marriage
  • contributions by one spouse to the other’s education, training, or increased earning power, and
  • the ability of each spouse to acquire education or training to become self-supporting.

If a North Carolina court finds that the dependent spouse was involved in “illicit sexual behavior” during marriage, then the court will not award alimony, even if there is a financial need. On the other hand, if the court finds that the supporting spouse was engaged in “illicit sexual behavior” during marriage, then it will automatically award alimony. North Carolina law defines “illicit sexual behavior” as “acts of sexual or deviate sexual intercourse… voluntarily engaged in by a spouse with someone other than the other spouse.” If there’s evidence that one spouse engaged in illicit sexual behavior after the date of separation, the court will assume that there was similar behavior during the marriage, and the same rules will apply.

Once the court decides that alimony is appropriate, there are different ways for the support to change hands. Alimony can be paid in one lump sum, in monthly or quarterly payments, or even through a transfer of title to property.

Thanks again and thanks for rating 5 stars.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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