Attorney

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.

What is Parental Kidnapping?

Published on: April 10, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

Hearing the word kidnapping in relation to your child can be utterly terrifying. When most people hear the term kidnapping, they probably think of a stranger abducting a child. Most people do not think of a kidnapping happening by one of the child’s own parents. They might think that a parent cannot kidnap his or her own child. However, parental kidnapping happens more frequently than one might think. In fact, parental kidnappings are not uncommon. Studies estimate that over the course of a year, 200,000 children were kidnapped by their own family members. An average of 800,000 children go missing each year. This breaks down to an average of about 2,000 children a day going missing.

Domestic Violence vs. Civil Harassment: What is the Difference?

Published on: April 3, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

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.

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.

Adoption by Stepparents in North Carolina

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

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Adoption is beautiful. Whether a family is adopting a child from foster care or a stepparent is adopting a child from the blended family, adoption is usually a process filled with happiness and love. However, the process of adopting another individual can also be difficult and confusing, especially for those step-parents who want to adopt a child. With the number of divorces occurring all across the United States, it is not surprising that there are more stepparents than ever who want to adopt the children they have helped in raising.

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.

What is an Emergency Child Custody Order?

Published on: February 27, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Determining child custody during a divorce can be a difficult process for every party involved. Tension might be filling the air and emotions are likely running high. Child custody orders are usually done in conjunction with both parties and looking out for the best interest of the child. However, there are instances in which an emergency child custody order might be entered. An emergency child custody order is a request by one party for immediate custody of the child that does not provide notice to the other party before the order is entered. Usually, emergency child custody orders are for the custody of minor children.

Debunking Myths Surrounding Prenuptial Agreements

Published on: February 20, 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?”

Prenuptial agreements are more than a plot point in a movie, a line in a song, or the butt of jokes about those marrying above or below their financial status. Prenuptial agreements, often just called “prenups,” are a useful tool that couples preparing for marriage should seriously consider. However, some perceive prenups in a negative light and believe the myths about them permeating pop culture. It is important to gather all of the facts before believing everything you hear about prenups.