A Few Facts About Divorce In North Carolina

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Absolute divorce in North Carolina is "no fault" meaning you do not have to show any fault or wrongdoing by your spouse for the court to grant a divorce. If you're from out of state, residency for 6 months will make you eligible for divorce in this state. North Carolina state law also dictates that there be a separation period of one year before a divorce will be granted. This separation period requires that you and your spouse live in separate residences continuously during the one year period. Living in the same house but having separate bedrooms is not enough to meet the state requirement. Also, it is worth mentioning if you reconcile during any point of the separation, then the one year clock starts over again before you can file for divorce. Once you complete the one year separation period, you can file the paperwork asking the court for a divorce. 

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8 Reasons To Hire A Private Investigator For Your Divorce Case?

 

1) Cheating Spouse Investigations

Since most people have sex in private places with closed doors and blinds, it is rare for a cheating spouse to get “caught in the act”. The courts realize this but proof of adultery is still required. This circumstantial proof is called evidence of “Opportunity and Inclination”.

 

The evidence needs to prove that there was Opportunity for adultery. This Opportunity can be photos or video of your spouse seen in the back seat of a vehicle with the other person, entering a home or hotel together and then emerging some time later. There can always be innocent explanations for such sightings but that is why Inclination is required.

 

Evidence of Inclination means there was an inclination or desire to commit adultery. This can be proven by photos or video of a passionate hug, kiss, holding hands, physical affection during a romantic dinner or touching each other in private places such as the butt, breast or genital areas. In lieu of the aforementioned photos or videos, phone calls, emails or credit card receipts for gifts such as jewelry or flowers may also help prove inclination. If you put these phone calls, emails and gift receipts together with Evidence of Opportunity, then a judge might find that you have enough proof for an adultery claim.

 

Not only does Opportunity and Inclination evidence need to be gathered, but it needs to be gathered legally so it will be admissible in court. If your spouse's rights are violated or the law is broken in the gathering of the evidence, then it will not be allowed in court. Investigate NC Private Investigators are trained to gather evidence legally and in a manner which will allow it to be used in court proceedings. 

 

2) Alimony Claims

In North Carolina, alimony is based primarily on financial need. The court tries to ensure that each party in the divorce can survive financially after separating. However, if a spouse is found to have committed adultery, in most cases, they are no longer entitled to alimony (unless the other party also committed adultery which would allow alimony to be granted). Depending on your case, a Private Investigator can be hired to assist in defending against an alimony claim. 

 

3) Child Custody Issues

Private Investigators are often hired to assist with Child Custody issues during family law cases. PI’s can gather evidence that the child is not safe with your spouse. Evidence can be gathered that proves your spouse has a drinking or drug problem, violent tendencies, irresponsible habits, improper housing or associates with people that may have a bad influence on your child. These findings can be submitted as evidence during your case to assist you in gaining additional time or custody with your child.

 

4) Asset Search for Equitable Distribution

Equitable Distribution is the process of dividing assets and debts that were acquired during the marriage. The theory behind equitable distribution is that marriage is a shared partnership and therefore each spouse has equal rights to the marital property.

 

But what if your spouse has acquired things during your marriage that you do not know about? Are you sure you know all the businesses, properties and bank accounts your spouse owns? A Private Investigator can perform an asset search and discover all these hidden gems prior to divorce proceedings which means they may be included in the equitable distribution. Your spouse is probably praying you don’t hire a PI.

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5) Alienation Of Affection & Criminal Conversation (AACC) Lawsuits

If your divorce was caused by an act of adultery or interference by another person, you might be able to file a civil lawsuit for Alienation of Affection or Criminal Conversation. Chapter 52 of the North Carolina General Statutes discusses both of these filings.

 

For Criminal Conversation You Must Prove The Following:

• You were legally married to your spouse

• Your spouse and the defendant engaged in a sexual act

• The sex occurred during the marriage (not after separation)

• The adulterous act(s) took place within the state statute of limitations (3 years in NC)

 

For Alienation Of Affection You Must Prove The Following:

• You and your spouse shared a happy marriage, with genuine affection and love

• The affection and love was destroyed (alienated)

• The other person's wrongful behavior directly caused the alienation of love and affection

 

Text messages, social media posts, phone records and hotel receipts are all evidence that can assist in these types of cases but for Criminal Conversation, there must be solid proof your spouse engaged in sexual relations. A Private Investigator can perform surveillance and gather the photography and video evidence needed for court.

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6) Compliance With A Court Order

Private Investigators often are hired to ensure that all items on court orders are being complied with. A common example is a Child Custody Right of First Refusal agreement. This means if one parent has the children and cannot care for them on a particular day, that parent must offer the other parent the opportunity to look after their children before contacting a babysitter or another family member to care for the kids. A Private Investigator can be hired if you feel this agreement is being broken. Time and date stamped video evidence can be gathered of the violation for future court proceedings.

 

Another example is when an alimony ruling has been made. Alimony is payable for a court specified time or until the dependent spouse cohabitates with another person. A Private Investigator can gather evidence that your ex is living with another person. This may not guarantee that alimony payments will end but it is the basis for a review before a judge.

 

7) We Complement Your Attorney

Attorneys are an extremely valuable asset in obtaining successful divorce outcomes. Their knowledge of law and court proceeding make them a necessary component in divorce especially if you have a complex case involving valuable assets, child custody issues, child support, adultery allegations or alimony. However, attorneys can only work with the evidence they have at their disposal. Without quality court-admissible evidence, attorneys are handicapped in their defense of your case. This is where Private Investigators come in. PI’s are experts at gathering evidence needed by attorneys for court. Talk to your attorney about hiring a Private Detective to give you the advantage to win your case. 

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8) Peace Of Mind

Sometimes we get hired by clients during divorce because the client just wants to know the truth. You have your suspicions about certain matters and you think you're being lied to. Hire a Private Investigator and let us perform surveillance on your spouse. We can get you the answers you’ve been looking for and the closure that leads to Peace of Mind!

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A Private Investigator Can Be The Determining Factor In Winning Your Case  

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Private Investigators can be extremely valuable during the many stages of divorce. Before separation to determine if adultery has occurred, after a separation agreement is in place to make sure all components of the agreement are being obeyed, during divorce to gather evidence for your attorney and even after divorce to see if child custody orders or alimony payments need to by modified. Hiring a Private Investigator is not cheap, but not hiring one my cost you thousands through a judgment thats not in your favor because you did not supply the evidence needed for your case.