Divorce

Divorcing Military Personnel: Special Considerations for Children

Published on: September 11, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

Whether you are in the military, or you have a spouse who is in the military, you experience particular strains to your marriage that not every couple does. Dealing with the high-pressure work and the extreme separations can take a toll. Unfortunately, sometimes the strain results in divorce. In fact, in any given year, there can be as many as 30,000 military divorces. As in any divorce, taking care of the physical, emotional, and mental needs of children can be complicated. Some might say that children’s issues are even more complicated in military divorces. If you are part of a military couple seeking to terminate their marriage, an experienced divorce attorney can help.

Is a Collaborative Divorce Right for You?

Published on: July 31, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Divorcing couples in North Carolina can choose to go through the collaborative process to get a divorce rather than going through litigation. This is a good option for some couples, but not everyone will find it a suitable arrangement. So, what is a collaborative divorce? How does a couple know if it is an option they want to pursue?

Different Types of Divorces in North Carolina

Published on: July 10, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

The decision to get a divorce can be difficult to make. Whether there was infidelity in your marriage, irreconcilable differences, or you and your partner simply fell out of love, the divorce process can be taxing and difficult. Couples starting the divorce process might not know that there are different types of divorces they can pursue in North Carolina. Each couple is unique and certain divorces might be better for certain situations. The following are the types of divorces available to couples in North Carolina.

Financial Considerations During a Divorce in North Carolina

Published on: June 26, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How much does it cost to get divorced, and how does the billing process work?”

Going through a divorce can be stressful. You are suddenly tasked with splitting up a life that you built with another person and dividing all of your possessions, assets, and debts between you. In North Carolina, marital property is distributed under the premise of equitable distribution. This means that property is split according to what is fair, not necessarily equal, for each of the individuals. After the property distribution is settled and your divorce agreement is in place, there are additional financial considerations that will impact all divorced individuals.

Who Pays Legal Fees in a Divorce?

Published on: June 19, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

Divorce can take its toll on a person emotionally, mentally, and even financially. The financial cost of a divorce depends on the amount of time and work that must be put into it. Couples that are splitting amicably might have a divorce that costs less because there are fewer issues that need to be discussed or litigated. On the other hand, if a couple has a contentious divorce, then there are likely a multitude of issues that need to be discussed and will take longer to resolve. Depending on the financial situation of each individual spouse, it might seem daunting to pay the legal costs associated with divorce. This brings about the question of who is responsible for legal costs during a divorce?

False Allegations Made During Divorce: Here is What You Need to Know

Published on: May 22, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Stressful situations can make people do unthinkable things, things that you would never expect an individual could be capable of based off of your experiences with them. During a contentious divorce, you might see a side of your former spouse come out that you never expected. There have been instances in which one spouse makes up stories about the other in an attempt to sway opinion. Lies are told in an attempt to receive more of the marital assets, receive the child custody agreement they want, or even to increase the amount of alimony received. You might think that false allegations will not affect you, but there are real consequences that come with certain allegations. If you are facing the challenge of a false allegation during divorce proceedings, here is what you need to know.

Do I Need My Spouse’s Consent for a Divorce?

Published on: April 24, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

We live in a society in which nearly 50% of all marriages end in divorce. Sometimes two people choose to end their marriage amicably after realizing that the marriage is no longer working. The couple then files for divorce and parts ways without a lot of drama. The divorce process turns much more contentious when one spouse is not cooperative or on board with the divorce proceedings. In North Carolina, you do not need the consent of your spouse to move forward with divorce proceedings. Only one person’s consent is required to file for divorce. While one person can move forward with a divorce, there are often other questions and concerns that can pop up during a divorce when only one spouse has consented.

Tips for Going to Family Court

Published on: April 17, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

The day you have anxiously anticipated and prepared for is here: It is finally your day in court to settle your divorce. You have likely been waiting many months for this day and your attorney has prepared for hours and hours for every contingency. It can be scary to finally set foot in a courtroom; you have endured hours of interviews, depositions, settlement negotiations, and other proceedings to prepare for a judge to make a determination. Below are tips to keep in mind before going into family court to ensure the best possible outcome.

Setting Boundaries in Your Divorce

Published on: March 27, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Going through a divorce or separation in North Carolina can be extremely difficult. It can be hard to come to terms with the fact that your marriage is ending and you are starting a new chapter of your life. Regardless of whether the divorce is filled with contention or you and your ex have come to a mutual decision to amicably end the marriage, there will likely be some issues. Divorce does not just end your marriage; it also changes your entire life. Even if you are on the best of terms with your soon to be ex-spouse, it is important to set boundaries with him or her as you transition to life after divorce.

Can I Appeal a Family Law Order?

Published on: December 26, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

The reality of court cases is that there is likely to be one side that is happy with the result and one that is not as pleased with the result. We all know that criminal convictions are often appealed and even some civil suits are changed in appeal, but what about family law cases? Are there legal grounds of appeal in North Carolina family law cases? Yes, there are legal avenues for people to try to bring a family law case to the North Carolina Court of Appeals.