Does behavior during separation influence custody or alimony rulings? Specifically:
Tricking the other to leave the home under the guise of marital counseling and a temporary cooling off period to then be prevented from returning to the home (changing locks, etc.).
Excessive spending significantly above the prior marital standard while the other spouse has acted in good faith to continue paying all living expenses. Requiring pulling significant funds from savings to cover said spending.
Actively working to alienate the children from the other spouse. Not providing medical/counseling information for the children after asking repeatedly. Refusing equal parenting time and significantly limiting access of the supporting parent to the children.
Are there specific guidelines or statutes that address the above? Any recommendations?
Attempting to alienate a parent from the minor children, not providing major medical or educational information to the other parent, making decisions involving the minor children without the input of the other parent can affect a custody ruling, or withholding the minor children or preventing a parent’s access to the minor children, without good cause, can affect a later custody ruling.
Tricking the other spouse to leave the home and preventing their return will likely not affect custody or alimony.
Excessive spending will not affect custody. It may affect alimony or more likely, equitable distribution.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I do not have statutes, laws, or guidelines to support my above statements. This comes from years of experience with different judges in different counties.
Divorce from bed and board requires at least one fault ground, and malicious turning of doors is one of six fault grounds.
For more detailed information on the claim for divorce from bed and board and each of the fault grounds, check out our article What is a Divorce from Bed and Board?
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.