Recent Posts in separation Category
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Divorce vs. Legal Separation in NC; which is better?
Posted By Montgomery Family LawContinue Reading
What is the difference between absolute divorce and legal separation in North Carolina ? The former concludes in a final judgment dissolving the marriage. At the same time, the latter can usually be reversed simply by entering into a new agreement with your spouse and/or resuming living together as a married couple. What is Legal Separation in NC? A married couple in North Carolina is considered ...
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Separation in North Carolina
Posted By Montgomery Family LawContinue Reading
Before the court will grant an absolute divorce in North Carolina, one must be legally separated for over one year. The date of legal separation is considered to be the date on which one or both parties move from the marital residence to a separate location with the intention of a permanent separation. One cannot live under the same roof as a spouse and be legally separated, even if a separation ...
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Alienation of Affection in NC
Posted By Attorney Charles MontgomeryContinue Reading
What is Alienation of Affection? North Carolina is one of only a few states recognizing the tort of alienation of affection. Alienation of affection allows a spouse to sue a third party for wrongful acts that deprived them of the love and affection of their spouse. While this tort can sue any third party, including meddling in-laws, it is typically used to sue a spouse’s paramour (extramarital ...
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