Equitable Distribution

What is the Difference Between Assets and Income?

Published on: March 26, 2025 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Assets and Income?

Divorce requires you and your spouse to identify and divide all your property and assets. In North Carolina, the law provides for an equal or equitable distribution of marital property in divorce. Both spouses must provide their financial information that details their assets. You must identify your marital and separate property as well as disclose your income as part of the divorce proceedings. An experienced divorce attorney will assist you through the divorce process from start to finish.

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Do I Have to Share My Inheritance in a Divorce?

Published on: September 20, 2023 | On behalf of Arnold & Smith, PLLC

Do I Have to Share My Inheritance in a Divorce?

When you divorce, you know that you will need to share your property and divide it between each of you. While you hoped your marriage would last forever, you are now facing the fact that your union is coming to an end. Both you and your spouse need to abide by the law while also making sure that you each receive the property that you are entitled to from your marriage, including any inheritance. An experienced North Carolina divorce attorney will help guide the process and assist you through a fair uncoupling.

Division of Property in North Carolina

What are the Three Most Important Issues in a Divorce?

Published on: August 30, 2023 | On behalf of Arnold & Smith, PLLC

What are the Three Most Important Issues in a Divorce?

Absolute divorce means the dissolution of your marriage. North Carolina allows no-fault divorce. This can make the process somewhat easier, however, you will still need to work to resolve the important settlement terms of your divorce. Couples must fulfill the requirement to live separately for a period of one year before they can divorce. You can utilize this time to work through the various matters that deal with uncoupling. Here are the three most important issues that most couples will face during divorce.

Division of Property

Asset and Property Division in North Carolina Divorce

Published on: May 3, 2023 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

When a couple divorces, they must review their assets, property, and debts and agree on how they will divide them. This can be a very complex undertaking, especially in marriages that lasted a long time or in a high-asset divorce. Couples need to determine all their assets and decide exactly how to distribute them in an equal and fair manner. A knowledgeable North Carolina divorce attorney will help you through the process.

Types of Property

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

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.

How Do I Divorce a Spouse Who Lives in Another State?

Published on: January 11, 2023 | On behalf of Arnold & Smith, PLLC

How Do I Divorce a Spouse Who Lives in Another State?

The decision to divorce often comes after a long period of discord or discontent. In North Carolina, couples can file for a no-fault divorce based on irreconcilable differences. Couples are required to live apart for a period of at least one year before they can seek an absolute divorce in North Carolina. In some cases, one or both parties may move out of the area where they originally resided. When this happens, it can complicate the divorce process. If you are seeking a divorce from a partner who lives out of state, it is helpful to seek guidance from an experienced North Carolina divorce attorney.

Residency and Jurisdiction

What You Need to Know About Divorce in North Carolina

Published on: December 21, 2022 | On behalf of Arnold & Smith, PLLC

What You Need to Know About Divorce in North Carolina

The divorce rates have been decreasing, but there is still a significant number of marriages that will end. Although divorce is not easy, it may be the best solution for some families. Divorce does not have to be overly stressful. If you can review the many issues that will be part of a divorce settlement, you can prepare for a more amicable resolution. Understanding divorce settlement issues will help you better work through these important issues. A knowledgeable North Carolina divorce attorney will help you navigate the divorce process.

Divorce From Bed and Board

Alimony FAQ

Published on: November 23, 2022 | On behalf of Arnold & Smith, PLLC

Alimony FAQ

When you and your spouse divorce, one partner may need to pay money to the other for living costs and other expenses. The word alimony originates from the Latin word “alimonia” which means sustenance or nourishment. In North Carolina, alimony is also called spousal support. When couples divorce, alimony may or may not be appropriate. There are many questions people have regarding spousal support. An experienced North Carolina divorce attorney will help you through the process and answer your questions about alimony.

What are the Different Kinds of Alimony?

What is Financial Infidelity?

Published on: March 2, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

Couples often have some secrets from each other. When they divorce, spouses may find that the other person has hidden funds or has kept purchases hidden. Financial infidelity can impact a marriage and subsequently, a divorce. Couples who are divorcing often disagree about the settlement terms and most often, about finances. If your spouse is hiding assets from you it is essential that you know about it during the divorce. In North Carolina, assets that a couple accumulates during the marriage belong to both parties and must be equitably distributed. An experienced North Carolina divorce attorney will help ensure that you receive a fair and equitable settlement.