Articles in regional publications that pertain to a wide range of North Carolina-related topics.
for Divorce--Laws and legislation
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The General Assembly changed the alimony law effective October 1, 1995. Marital fault is now considered one of several factors in determining the award of alimony instead of the primary one.
Domestic relations bills in the 1959 North Carolina General Assembly focused on the logistics of divorce in the state.
New legislation in 1987 brings some changes to family law in North Carolina. The Uniform Premarital Agreement Act does away with the limitations on non-property rights for pre-marital agreements, while the procedure for equitable distribution was altered to allow parties to file an action any time after separation. Two acts became effective this year to require income withholding for those delinquent in child support. Judges are also required to consider joint custody if either parent requests it. Several laws also affect the consent for adoption and placement of children under the age of six months. Lastly, legislation now provides a concrete definition for what constitutes domestic violence and how law enforcement makes arrests in these situations.
Two recent decisions by the North Carolina court of appeals have illustrated the principles of equitable distribution. Lockamy v. Lockamy and Gilbert v. Gilbert show that equitable distribution is barred unless asserted before divorce and the doctrine of equitable estoppel for preventing injustice in court.