Tiger's Tale, Part 3: Absolute Divorce
Under North Carolina law, Tiger and Elin would be entitled to an absolute divorce after one year of separation. Absolute divorce dissolves the matrimonial bonds. A lawsuit must be filed for absolute divorce, and either Tiger or Elin may bring the action. While waiting for a full year of separation, Tiger and Elin may address equitable distribution, postseparation support, alimony, temporary and permanent child custody and child support, and attorney’s fees. Based upon reports, I believe a property settlement was reached and alimony likely waived in Tiger’s pre-nup. [1]
Absolute divorce terminates certain rights of the parties under North Carolina family law. Let’s assume Tiger and Elin do not have a pre-nup. Elin’s claims for alimony and equitable distribution must be pending before the court prior to absolute divorce; otherwise, Elin would be barred from suing Tiger for alimony and equitable distribution. Hey Elin, be sure you sue Tiger for alimony and equitable distribution before absolute divorce! Other rights are affected by absolute divorce, and Elin should consult with a North Carolina family law attorney (Tharrington Smith, for instance). For example, Elin may become ineligible to remain covered on Tiger’s medical insurance policy, and she should investigate private insurance options and COBRA coverage, if available.
In Part 4 of Tiger’s Tale, equitable distribution will be discussed.
by Steve Mansbery
0 Comment(s)
There are no comments yet. Be the first to create one!
Comments are disabled for this post.