Ottawa, IL asked in Divorce for North Carolina

Q: Is there any state or federal laws in NC or IL in a divorce for a disabled person?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Cary, NC
  • Licensed in North Carolina

A: Divorce is a state concern, not a federal concern. There are no federal divorce laws. I am not licensed in Illinois so I have no idea about Illinois law. You should direct any questions about Illinois law to an Illinois family lawyer.

I am not sure what you are asking. Just because a person is disabled does not mean that they cannot get a divorce.

If you are asking about entitlement to alimony/spousal support that is a different question. To be entitled to alimony in NC, the person seeking alimony must demonstrate a financial need for it and an ability on the part of the other spouse to pay it. Disability may be relevant to financial need but not really otherwise. A person does not get alimony just because he or she is disabled. There also cannot be any marital misconduct (engaging in adultery) by the person seeking alimony.

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