My wife was charged with simple assault against me

Her court date is in a few weeks. How would
this charge factor in to a divorce as far as
child support, alimony and custody of my child
goes ?

Asked on March 27, 2018 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Acts of domestic violence is but one of the factors that a court will indeed consider in child custody and visitation matters. The court will generally not deny visitation but can order that the child or children reside with the non-abusive parent, can order supervised visitation or whatever the court deems appropriate. Now, alimony is not automatically awarded in North Carolina and "marital misconduct" is a factor that will be taken in to account.  This is a fact specific circumstance.  Please seek legal help. Good luck.


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