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Law Dictionary: D

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damages

DATE OF SEPARATION
debt
deceptive
deceptive trade practice
declaration against interest
declaratory judgment action
deed
deed of trust
defamation
default judgment
defined benefit plan
defined contribution plan
de minimis
de novo

dependent spouse

A “dependent spouse” is one “who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse.” N.C. Gen. Stat. § 50-16.1A(2) (2019).

A spouse is ‘actually substantially dependent’ if he or she is currently unable to meet his or her own maintenance and support. A spouse is ‘substantially in need of maintenance’ if he or she will be unable to meet his or her needs in the future, even if he or she is currently meeting those needs. Barrett v. Barrett, 140 N.C. App. 369, 371, 536 S.E.2d 642, 644-45 (2000).

“[T]o properly find a spouse dependent[,] the court need only find that the spouse’s reasonable monthly expenses exceed her monthly income and that the party has no other means with which to meet those expenses.” Beaman v. Beaman, 77N.C. App. 717, 723, 336 S.E.2d 129, 132 (1985).

DEPOSITION

DIRECT EXAMINATION

disabled
discovery

DISMISSAL WITH PREJUDICE

DISMISSAL WITHOUT PREJUDICE

DISPOSITIVE

DISTRICT COURT
domicile

DOMESTIC VIOLENCE
due diligence

DURESS

“Duress exists where one, by the unlawful act of another, is induced to make a contract or perform or forego some act under circumstances which deprive him of the exercise of free will.” Stegall v. Stegall, 100 N.C. App. 398, 397 S.E.2d 306 (1990)

duty

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