Divorce

What is a Custody Evaluation?

Published on: April 5, 2023 | On behalf of Arnold & Smith, PLLC

What is a Custody Evaluation?

When couples divorce, they need to resolve many settlement issues. Some divorces are amicable, but often, couples disagree about important matters such as child custody. Parents may both have legal custody of their child, which allows both parents to make important decisions about a child’s health, education, and religion, among other things. Physical custody refers to where a child will live most of the time. Disputes about child custody can be emotional and challenging to resolve.

Resolving Custody Disputes

How Can I Relocate With My Child After Divorce?

Published on: March 29, 2023 | On behalf of Arnold & Smith, PLLC

How Can I Relocate with My Child After Divorce?

Parenting is often difficult after a divorce. When parents go their separate ways, they still have responsibilities to their children. Usually, both parents share legal custody of their child in that they are both able to make important decisions regarding the life of their child. Some of these decisions revolve around the child’s health, education, and religion, among others. Often, children reside primarily with one parent while they enjoy regular visitation with the other parent. The custodial parent may want to move out of the area after a divorce. Before you relocate, you need to make sure that you do so in a way that is legal.

Are There Restrictions on Relocation After Divorce?

Five Common Questions About Divorce in North Carolina

Published on: March 22, 2023 | On behalf of Arnold & Smith, PLLC

Five Common Questions About Divorce in North Carolina

Couples who are considering divorce may be unsure of what to expect. There are many issues to think about, and it can seem daunting. An experienced North Carolina divorce attorney will answer your questions and guide the process to make it easier and as stress-free as possible.

Can We Get a No-Fault Divorce?

How Does Marital Misconduct Affect Divorce?

Published on: March 15, 2023 | On behalf of Arnold & Smith, PLLC

How Does Marital Misconduct Affect Divorce?

The decision to file for divorce is never easy. Sometimes, a marriage does not go as planned, and you and your spouse are no longer able to make your marriage work. You are not alone because according to the Centers for Disease Control and Prevention (CDC), the divorce rate is about 2.5 out of every 1,000 total population. There were more than 689,000 divorces in 2021. In North Carolina, you can obtain a no-fault divorce. This means that you do not need to prove grounds for divorce other than that your marriage is irretrievably broken. But what happens when one spouse has committed some form of marital misconduct?

What is Marital Misconduct?

What Is Equitable Property Division in North Carolina Divorce?

Published on: March 8, 2023 | On behalf of Arnold & Smith, PLLC

What Is Equitable Property Division in North Carolina Divorce?

When a couple marries, they do not expect that they will get divorced. Unfortunately, many marriages end in divorce. Couples must then divide their property and assets. North Carolina law requires that marital property is divided in an equitable manner in a divorce. This is different from some states that allow for equal distribution. Equitable means that both parties will end up with a fair settlement. An experienced divorce attorney will guide the process and will ensure that you receive a fair distribution.

Marital Property

When Does Child Support End?

Published on: March 1, 2023 | On behalf of Arnold & Smith, PLLC

When Does Child Support End?

Going through a divorce can be a difficult event for a family. Parents need to be particularly careful when there are children involved. Parents typically share parenting responsibilities, and the non-custodial parent usually pays child support. Child support is necessary to ensure the health and well-being of young children who are under the age of 18. Both parents have an obligation to provide for the welfare of their children. A child support order is a court document that requires a parent to provide money for a child, often as part of a divorce. A knowledgeable family law attorney will help guide the divorce process.

What is Child Support?

How Long Does a Contested Divorce Take?

Published on: February 22, 2023 | On behalf of Arnold & Smith, PLLC

How Long Does a Contested Divorce Take?

Going through a divorce can be difficult, but it may be much more challenging when one party contests the divorce. When that happens, the divorce process becomes more lengthy, and it can extend how long it takes to complete the process. In North Carolina, couples must be separated for a period of at least a year before they can move forward with a divorce. Although a couple resides apart, one party may not agree with the divorce or with some of the settlement terms. An experienced North Carolina divorce attorney will help guide the process and assist in resolving disputes.

What is a Contested Divorce?

What Happens to the House in a Divorce?

Published on: February 15, 2023 | On behalf of Arnold & Smith, PLLC

What Happens to the House in a Divorce?

Your home is one of your most important assets and likely the most significant. When you get married, you may dream of buying your home together. Your house holds many memories for you and your family. Your children may not know any other place to live beside your marital home. But what happens when you and your spouse divorce? Which one of you will be able to keep the house?

Certainly, there are many issues that you and your spouse need to resolve during the divorce process and distributing assets, including how to handle the home. A knowledgeable divorce attorney will help guide the process to ensure that you reach an equal settlement.

What are the Requirements for Divorce in North Carolina?

Published on: February 1, 2023 | On behalf of Arnold & Smith, PLLC

What are the Requirements for Divorce in North Carolina?

Marriages do not always last forever. Although you and your spouse began your marriage with the intention of a lifelong union, people and circumstances change, and you may decide to end your marriage. There are many issues that you must settle as part of a divorce. Before you can begin the process, you need to understand the requirements and make sure that you meet the criteria set forth by North Carolina law to dissolve your marriage.

Absolute Divorce in North Carolina

Which Parent Claims a Child on Taxes After Divorce?

Published on: January 18, 2023 | On behalf of Arnold & Smith, PLLC

Which Parent Claims a Child on Taxes After Divorce?

Many legal issues will inevitably arise when a couple divorces, especially when they have children. When tax time comes around, both parents may wonder whether they can rightfully claim their child as a dependent on their income tax return. The answer may not always be simple, and it may vary from couple to couple. If you are unsure about how to file your taxes, it can be helpful to seek answers from a qualified family law attorney.

Custodial Parent Typically Claims Dependent