WaItInG

North Carolina Divorce Law Divorce and Separation Answers
1

Dear sickAtired:

Greetings. In Wake County there are local rules that define how long attorneys can take to draft, review, and submit orders, but generally judges are given great deference in completeing their orders. Attorneys may sometimes check in with the judge and ask them how the order is going or if they require further information, but judges have a lot of information to review from a trial. I have had an order take even longer than 3 months, but I agree that it is nerve racking when that happens.

If there is adultery by a dependent spouse, that is a bar to alimony. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

Are there guidelines pertaining to how long a judge can wait before making a decision concerning a divorce? It has been almost three months and he hasn’t made a decision yet. This whole thing is making me nervous; my attorney did a really good job proving my ex was a deceitful person, however in the orginal divorce decreed my ex claimed I was having an affair that I wasn’t.
During the hearing my attorney presented evidence that my ex is co-habiting and that this person gives my ex large sum a money each month fpr living expenses.
So, in the event the judge says well I believe you were having an affair, even though there is no prove mind you; can alimony still be awarded? I was under the impression that co-habiting meant no alimony.