Equitable Distribution

Cryptocurrency and Divorce: What You Need to Know

Published on: June 12, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Are overtime, bonuses, and commissions included in calculating child support?”

We live in a digital age in which practically everything can be done online, including exchanging money via cryptocurrency. Cryptocurrency has been in the news recently, but many people do not understand what that is. Cryptocurrency is changing the way that people around the world invest, store, and exchange money. It is also a way spouses might be hiding assets during a divorce. Additional information about asset division during divorce can be found here.

How are Student Loans Treated in Divorce?

Published on: May 29, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

When a marriage is ending, a judge is tasked with separating the assets and belongings of a married couple. The first thought in most people’s minds is how the assets of the couple are going to be divided. What most people fail to consider are the debts that a couple might be carrying. The debts that a couple incur during marriage also need to be part of the distribution of property; it is not just assets that get divided in divorce.

What Happens to My Bank Account After Divorce?

Published on: March 20, 2019 | On behalf of Arnold & Smith, PLLC

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

It is not uncommon for couples who get married to have a joint bank account. A joint bank account makes paying for shared expenses easier than having to go through two separate accounts. What happens to the funds in this account, however, in the event that a couple gets divorced? When a couple files for divorce, a judge will need to examine the money in the account to determine if it is joint property or the property of the individual.

Searching for Assets During Divorce

Published on: March 6, 2019 | On behalf of Arnold & Smith, PLLC

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

When a marriage is falling apart, one of the first things that might happen is one or both spouses losing trust in one another. While not present in every divorce case, it is likely that divorces resulting from adultery and other misrepresentations of truth during the marriage often see a dissolution of trust between the couple. These trust issues can become an issue during the division of assets during a divorce.

Three Major Issues in Family Law Cases

Published on: February 13, 2019 | On behalf of Arnold & Smith, PLLC

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

Every divorce and family law case is different because every family is different. There are different family dynamics, marital assets, and child custody disputes. While the specific facts of each case are different, there are commonalities among many family law divorce cases. The following are the three of the major issues that commonly arise in a divorce proceedings.

Do I Need a Postnuptial Agreement?

Published on: January 16, 2019 | On behalf of Arnold & Smith, PLLC

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

You have probably heard of a prenuptial agreement (“prenup”) – an agreement entered into by soon-to-be married couples to protect their assets. Prenuptial agreements are not the only agreements that couples have that can protect their assets. A postnuptial agreement (“postnup”) is entered into after a couple has already gotten married. A postnup can be just as important as a prenup. There are many reasons that a couple might want to enter into a postnuptial agreement.

Things to Consider During Separation or Divorce in North Carolina

Published on: December 12, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

The process of getting a divorce in North Carolina can be confusing. Not only are the rules complicated, but you are also likely wrestling internally with some heavy emotions and transitioning to a new chapter of your life. No two divorces are identical, but if you are considering separating from you spouse, there are some important things you must consider first.

Financial Issues Unmarried Couples Need to Consider

Published on: November 28, 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?”

We have all heard the fairytales – boy meets girl, boy and girl fall in love, boy and girl get married, boy and girl live happily ever after. Life is not a fairytale, and more and more couples are choosing to postpone marriage and instead live together as if they were a married couple – sharing financial responsibility, purchasing a home together, etc. There is nothing wrong with postponing marriage, but there are some financial considerations that couples must think about to avoid problems in the future. When unmarried couples do not have defined financial plans, or responsibilities, it can often result in financial harm.

Can a Spouse be Forced Out of the Marital Home?

Published on: October 3, 2018 | On behalf of Arnold & Smith, PLLC

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

Imagine this situation: You are separating from your spouse. For the duration of your marriage, you have shared the same marital home. Both of you want to stay in the home; neither of you are willing to move out, even though you have separated and initiated a divorce proceeding. What do you do in this situation? Can one spouse be forced from the marital home and leave the other with the sole possession of the home? In North Carolina, the answer to those questions are “it depends.” There are certain circumstances and situations in which a spouse can be forced out of the marital home. However, there are requirements that must be met in order to succeed.

What Happens to a Personal Injury Award in Divorce?

Published on: September 19, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

When couples are considering, or pursuing a divorce, there is a lot of discussion on the distribution of property between the couple. Is everything split down the middle? Is one spouse entitled to more of the assets than the other? What exactly are the property or assets that need to be divided? The assets and property that people most think of in divorce are homes, cars, and monetary assets. However, for some couples there are other types of property that must be considered. Personal injury settlements can become a contentious point in a divorce. To determine what happens to those settlements, you must first look at the way that property is classified by family law.