Do Same-Sex Marriages Qualify Spouse for Immigration Rights?

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As of July 1, 2013 the following Statement was released by the Secretary of Homeland Security allowing same-sex spouses to be treated in the same manner as opposite-sex spouses for immigration purposes. Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of …

Can I change my ex’s visitation with our child if he fails to pay support?

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No!  While it may be very tempting to alter or terminate your former spouse’s visits with your child because you are frustrated that he or she isn’t paying the child support owed, you are not legally justified in withholding visitation. In the eyes of the law, child support and visitation are two separate considerations. The right to visitation is not …

Will my spouse’s cheating affect the division of our property during divorce?

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No, adultery is not typically a factor in the division of marital property through equitable distribution.  The exception to this general rule is when the marital misconduct has an adverse effect on the economic health of the marital estate.  The presumption of a 50/50 split is viewed as the most fair and equitable means of distributing marital property at divorce. …

How do courts determine who gets custody of children in a divorce?

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If the parents cannot agree on custody and visitation arrangements for their child, the courts decide custody based on “the best interests of the child.”  Focusing on the child’s best interests means that all custody and visitation decisions are made with the ultimate goal of fostering the child’s happiness, safety and security, mental and physical health, and emotional development through …

Can I date during my separation?

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While there is nothing illegal or wrong about dating once you are formally separated from your spouse, there are several problems that may arise and you should take precautions before dating during your separation.   You must be separated from your spouse before you start dating. North Carolina law does not require that you file anything to be legally separated. …