absolute divorce

What is Spousal Abandonment?

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

What is Spousal Abandonment?

Every state in the country now has no-fault divorce in place. No-fault divorce means that neither party needs to blame the other for the end of their marriage. In North Carolina, spouses may decide to seek a no-fault divorce, but what happens when one spouse abandons the other? If a spouse leaves the marital home and does not intend to return, one partner may have abandoned the other. The partner who is left behind may need to take steps to end the union by seeking a divorce. An experienced North Carolina divorce attorney will assist you through the process from start to finish.

What is Abandonment?

Can I Date While Separated in North Carolina?

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

Can I Date While Separated in North Carolina?

You and your spouse have decided to end your marriage. Now, you are in the middle of a divorce, and you are wondering whether you can start dating again. This is a common question, and the answer is not always clear. It is helpful to understand the divorce process in North Carolina and how it will impact your social life. An experienced divorce attorney will guide you through the process to make it easier and less stressful.

Separation Before Divorce

Divorced Parents Guide to Co-Parenting Through the Holidays

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

Divorced Parents Guide to Co-Parenting Through the Holidays

The holidays are times to celebrate with family, but if you are recently divorced or newly separated, this time of year can be extremely stressful. You are learning to navigate parenting from a new perspective, and at the same time, you are trying to provide your kids with stability and traditions. There are some tips you can use to help you get through this challenging time with your family.

Follow Your Parenting Plan

Can Remarriage Impact an Existing Child Support Order?

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

Can Remarriage Impact an Existing Child Support Order?

One of the most important of all divorce settlement terms is the child support order. Generally, when a couple divorces, the children will reside primarily with one parent while the other parent has regular visitation. Child support is payment made by the non-custodial parent for the care of their child. Child support typically becomes part of a court order and is therefore required as per the order. Sometimes, a divorced parent remarries, and they may wonder whether their new marital status will have any impact on their existing child support order.

Child Support Guidelines

Cohabitation in North Carolina: What You Need to Know

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

Cohabitation in North Carolina: What You Need to Know

Many couples choose to live together before they get married. The number of people who cohabitate has been rising steadily over the last 30 years. Many couples try living together as a prerequisite to marriage. It is estimated that as many as 75% of married couples lived together before they tied the knot. However, cohabitation does not always result in marriage. There are some things to consider when you decide to live with someone to whom you are not married.

Cohabitation is Not Legal in North Carolina

What is a Bifurcated Divorce?

Published on: October 25, 2023 | On behalf of Arnold & Smith, PLLC

What is a Bifurcated Divorce?

Bifurcation is the division of something into two parts. Most people have never heard of a bifurcated divorce until hearing it in relation to celebrity divorces in the news. One of the most famous bifurcated divorces was between Kim Kardashian and Kayne West. A bifurcated divorce allows you to split the division of property and assets from the legal end of your marriage. This option allows you to deal with the divorce settlement issues separately after you are already legally divorced. While it is not often utilized, a couple may opt for a bifurcated divorce in some instances.

Reasons for Bifurcated Divorce

Can I Request a Change to a Child Custody Order?

Published on: October 18, 2023 | Matthew R. Arnold, Esq.

Can I Request a Change to a Child Custody Order?

When parents’ divorce, they come to an agreement regarding the custody of the children they have together. The judge makes the custody agreement part of the court order, usually called a permanent custody order, and you and your former spouse are required by law to follow what is in place. Generally, parents share custody with the children living primarily with one parent and having visitation with the other. You may wonder whether you can make changes to the child custody order after it is put in place. A knowledgeable family law attorney will guide you through the process.

Grounds for Child Custody Modification

Can You Renegotiate a Prenuptial Agreement?

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

Can You Renegotiate a Prenuptial Agreement?

Not all marriages survive the test of time. While you never get married with the intent to divorce, it is best to prepare. A prenuptial agreement can protect you and your spouse and make life easier in case your union comes to an end. Prenuptial agreements are not just for the wealthy or for celebrities. They are actually useful legal documents that can make uncoupling easier and less stressful for everyone. If you have a prenuptial agreement in place you may wonder whether you can renegotiate it after you are married.

What is a Prenuptial Agreement?

What Should I Do After I Was Served Divorce Papers?

Published on: October 4, 2023 | On behalf of Arnold & Smith, PLLC

What Should I Do After I Was Served Divorce Papers?

When you get served with divorce papers, it can bring up many emotions. No matter how much you have prepared yourself for this moment, you may still feel upset, angry, or stressed out. You suddenly realize that your marriage is indeed coming to an end. While you knew this was coming, you may not know what to do now that you have been served with official divorce papers. An experienced Charlotte divorce attorney will help guide you through the process.

Divorce Summons and Complaint

Can an Unmarried Father Get Visitation of His Child?

Published on: September 27, 2023 | On behalf of Arnold & Smith, PLLC

Can an Unmarried Father Get Visitation of His Child?

The societal trends of families in the United States have changed quite a bit over the last 50 years. While families in the mid-1900s were composed mainly of married parents, that is not always the case today. The number of unmarried fathers has doubled over the last half-century. About 1 in 5 children are living with their unmarried mother. This means that unmarried fathers must take steps to seek visitation with their children.

Unfortunately, without a legal order, mothers are not required to allow an unmarried father to spend time with their child. A father should seek a court order to ensure that they get regular visits with their child. Before you can take legal action, you must establish that you are the child’s biological father.