Legal Question in Family Law in North Carolina
grounds for divorce
m brothers wife is currently abusing her 18 year old daughter. Most of the abuse is verbal. The youngest daughter is 12 and has also been the victim of verbal abuse . THis woman does not work, she goes to school and cleans their local church. How hard would it be for him to divorce her on the grounds of child abuse and not be entitled to pay her alimony. THis woman sounds like she needs mental help but she refuses to see that she has a problem.
2 Answers from Attorneys
Re: grounds for divorce
In North Carolina, there are only two grounds for divorce:
(1) Separation of More Than One Year - After you are separated for 366 days, you can file for a "No Fault" Divorce. The reasons are not important. It is no fault. You just have to prove the separation.
(2) Insanity - This is complex and rarely used and would probably not apply to your situation.
Alimony is a different issue. You first have to determine if the spouse is even entitled to spousal support/alimony. If so, you can defeat it based on marital misconduct.
Always consult with an attorney licensed in your jurisdiction so that he/she can obtain the full facts of your situation and advise you accordingly.
For more information on these topics, visit our website at www.ricefamilylaw.com. We do offer a Virtual Law Office service to help individuals throughout the State of North Carolina at a reduced fee from our full service legal help.
Re: grounds for divorce
In SC, mental abuse is not a ground for divorce, nor is child abuse. However, those factors can (and will) be taken into consideration in determining which parent should be granted custody of children in a divorce.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that your brother consult an experienced family law attorney to find out what options are available to him based on the facts of his particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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