Also currently he does not make a lot, would that affect her chances of getting alimony?
I hope everything goes well for your friend; According to the NC laws pertaining divorce, alimony will not be awarded if it proven that co-habition has and is existing. I suggest that he speak with an attorney and use this site. They have a ton of information about the General Statute governing the decisions of Post-S-support and alimony. Also, have him do some independent research of his own; go to the library if he does not have a computer; he will be surpised at what he finds. Also, he may be able to stop those extensions; visit www.nccourts.org and see if there is a form there that he can submit to the courts that will force the attorney’s hand and get the show on the road.
Thank you for the information.
Does the cohabitation have to be his wife and her boyfriend living together, or could he also say that he cohabits with someone (which he does, me) and not have to pay her alimony?
Thank you for the website, I’m going there right now. Appreciate it greatly.
We’re trying to find out an answer to our question because seemingly the lawyers tell you nothing!
Story: My man has filed divorce papers and they have been served to his estranged wife. Her lawyer in turn filed an extension of time and advised her not to sign it. He told her to let him handle it. Well, months later, apparently he still is filing time extensions. So this divorce is going nowhere, which is ridiculous because everyone wishes to move on. Well, we think that the reason why she and the lawyer are filing extensions is because she wishes to get alimony and his property, which apparently you can’t do once the divorce is final. A letter was delivered to his home from the library in which he discovered she had checked out a book on Alimony, so… it’s rather obvious.
Anyhow, apparently she doesn’t work, but reportedly she has some sort of income coming in from random work efforts. She and her boyfriend, who does work, live together with a friend, prior to that they lived together in a house. Can she get alimony even though she has a boyfriend who supports her? On what grounds could she gain alimony?
Would there be any other reason why her lawyer would advise her not to sign the papers, and keeps filing time extensions?
By the way- they have to go to court over custody over their 3 year old child, who is under the temporary custody of his mother. Both were required to complete certain things (getting evaluated by a LCSW and taking parenting classes) and he has done all of those things, plus more, and she has not. Her mother is against her and says she will speak against her in court, plus she and her boyfriend are strung out on drugs.
Obviously that will affect her chances of gaining custody, but would that affect her chances of gaining alimony/spousal support?