Divorce

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.

Thinking About Divorce? Here is What You Need to Know

Published on: August 8, 2018 | 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?”

Thinking about ending a marriage can be hard. When one starts to think that he or she might want a divorce, it can be overwhelming; there are many considerations and actions to be taken. If you are contemplating a divorce, here are some things to do to help you through the process.

An Explanation of Collaborative Divorce in North Carolina

Published on: July 11, 2018 | On behalf of Arnold & Smith, PLLC

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

Going through a divorce can be tough. You are ending a relationship and declaring that you wish your legal marriage be terminated. The very nature of a relationship ending can lead to heightened emotions and turmoil during the divorce process. In an effort to avoid contentious divorces, be mindful of your options; there is an alternative to the traditional contentious divorce proceeding. Couples can decide to engage in a collaborative divorce proceeding.

The Impact of Adultery on Divorce

Published on: June 20, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

The act of adultery of one or both spouses is one of the biggest reasons that couples get divorced. North Carolina is a no-fault state in regards to divorce. This means that the spouse who files for divorce is not required to prove that the other spouse is at fault for the divorce. In some states, adultery is one of the “faults” that a spouse can cite as a reason for divorce. This is not true in North Carolina. Nevertheless, adultery can have an impact on a divorce. Alimony payments, child custody, and property distribution can all be affected by adultery.