CHANGE OF NAME

A wife may wish to resume her maiden name after a divorce. This can be done at any time and it is not essential that the name change be a part of the divorce judgment.  If the wife requests the name change in the absolute divorce complaint or counterclaim, the name change will become part of the absolute divorce judgment.

DATING RELATIONSHIPS

Although post-separation adultery may not be a basis for awarding or declining to award alimony, it can be used as corroborating evidence to support an allegation that adultery occurred prior to the separation.   In North Carolina, it is possible for a spouse to bring a lawsuit against someone who has alienated the affections of and/or had sexual relations with a spouse's husband or wife.  The adultery cause of action is called criminal conversation.  Any extramarital affairs or dating relationships on the part of either party should be brought to the attention of your attorney so that he or she may advise you of the law in this area.

CONFIDENTIALITY

Your attorney must have all of the facts to represent you properly.  Anything you tell to your attorney is strictly confidential and will not be disclosed without your permission.

SECURITY OF DOCUMENTS, CASH, INVESTMENT
AND CREDIT ACCOUNTS

It is important that you discuss the issues of document security and control of cash,  investment and credit accounts with your attorney at your initial consultation.  Early decisions about your case can have an impact on the ultimate result.

WILLS

North Carolina's Probate Code invalidates certain portions of wills which are made prior to a divorce.  Following the signing of a separation agreement or divorce, you will probably need a new will.  If you wish to pursue this issue, please discuss it with your attorney.  You may want to revise your will prior to your absolute divorce.

ALTERNATIVE DISPUTE RESOLUTION

There are non-litigation means available to resolve matrimonial disputes.  Trials can be expensive, time-consuming and extremely stressful to the parties involved.  Mediation and arbitration are two common alternatives to litigation in resolving these types of disputes.  As your case unfolds, your attorney will evaluate the appropriateness of proposing an alternative means for addressing these issues.

 No. 106730 (Rev. 01/2/01)