Attorney

How Do We Prove Separation in an Absolute Divorce in North Carolina?

Published on: July 26, 2023 | On behalf of Arnold & Smith, PLLC

How Do We Prove Separation in an Absolute Divorce in North Carolina?

Divorce laws vary from state to state. The criteria and requirements for divorce are based on the state laws of North Carolina. North Carolina allows for a no-fault divorce, but it comes with a specific requirement that you and your spouse must be separated for one year. This means that before you can get a divorce, you and your spouse have to reside in different places for at least one year. Additionally, at least one of the parties must intend to end the marriage. You must be able to prove that you and your spouse were indeed living in separate residences in order to comply with the law.

Divorce Laws in North Carolina

Divorce Laws in North Carolina

Published on: July 19, 2023 | On behalf of Arnold & Smith, PLLC

Divorce Laws in North Carolina

In North Carolina, the law allows for two types of divorce. These include divorce from bed and board and absolute divorce. Divorce from bed and board allows you to legally separate from your spouse but does not dissolve your marriage. Absolute divorce is the way to legally end your marriage. There are rules and laws that you must follow when you wish to end your marriage.

Grounds for Divorce

Tips for Communicating During Divorce

Published on: July 12, 2023 | On behalf of Arnold & Smith, PLLC

Tips for Communicating During Divorce

Navigating a divorce can be tricky and complicated. You and your spouse are going through some of the most emotional times of your lives, which can make communication difficult. It is likely that you have already had some communication challenges in your relationship. Even if you have a good relationship with your spouse, the stress of divorce can cause a breakdown in communication. It is helpful to learn some tips for communicating during a divorce to make the process easier and less stressful.

Learn to Listen

Child Guardianship

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

Child Guardianship

There is nothing more important than ensuring the health, safety, and happiness of your children. You are there to provide for them and keep them from harm. But what happens when a parent is unable to care for their child? A legal guardian will need to be established in situations where the child’s parents are not able to continue caring for their child. An experienced attorney will help you with guardianship matters.

Why Might I Need a Guardian for My Child?

Six Things to Do to Prepare for Divorce

Published on: June 28, 2023 | On behalf of Arnold & Smith, PLLC

Six Things to Do to Prepare for Divorce

The decision to divorce can be a difficult one. When you get married, you do not expect the union to end. Unfortunately, many marriages come to an end with divorce. The end of a marriage often comes slowly, and both parties may realize that they have grown apart and the marriage is no longer working. North Carolina allows for no-fault divorce, so neither party needs to place blame for the breakup. There are some things you can do to prepare for divorce.

Gather Financial Documents

Can a Child Choose Which Parent to Live With in a Divorce?

Published on: June 21, 2023 | On behalf of Arnold & Smith, PLLC

Can a Child Choose Which Parent to Live With in a Divorce?

Divorcing while having children can be challenging and stressful, not just for the parents, but also for the kids. Generally, parents share legal custody of their children after divorce. Legal custody allows a parent to make important decisions on behalf of the child. When it comes to physical custody, where the child resides, one parent is typically the primary custodial parent, and the other parent has regular visitation. Parents and courts will decide where children will live after their parents’ divorce, but many wonder whether the child has the option to choose his or her preference.

Child Custody: The Best Interest of the Child

What are the Most Common Divorce Mistakes?

Published on: June 14, 2023 | On behalf of Arnold & Smith, PLLC

What are the Most Common Divorce Mistakes?

Divorce is one of the most difficult and emotionally draining times in your life. When you say “I do,” you do not expect the marriage to end. Yet almost half of all first marriages end in divorce. The decision to divorce starts a process that can be stressful. It can be even harder if you make mistakes along the way. There are some common mistakes that you can avoid to make your divorce easier, faster, and less tense. An experienced divorce attorney will answer your questions and help you through the process.

Failure to Communicate

Resolving Summer Custody Issues

Published on: June 7, 2023 | On behalf of Arnold & Smith, PLLC

Resolving Summer Custody Issues

The summer is a time for kids to enjoy being away from the classroom to have fun, take vacations, and enjoy life. The visitation schedule during the school year is typically set to provide consistency. But what happens to visitation during the summer months? It is helpful to set up a detailed visitation or parenting plan as part of your divorce. A knowledgeable family law attorney will help you with child custody and visitation issues.

Summer Custody Concerns

What Factors Determine Child Support in North Carolina?

Published on: May 31, 2023 | On behalf of Arnold & Smith, PLLC

What Factors Determine Child Support in North Carolina?

When parents’ divorce, they must still care for their children. Generally, parents share legal custody of their children, and they are both able to make important decisions on behalf of their children. Often, children reside with one parent while they have regularly scheduled visits with the other. When a child lives with one parent most of the time, that parent is said to have primary physical custody. The other parent is the non-custodial parent. Usually, the non-custodial parent pays child support for the care of their child.

What is Child Support?

The Engagement is Off – Do I Need to Return the Engagement Ring?

Published on: May 24, 2023 | On behalf of Arnold & Smith, PLLC

The Engagement is Off – Do I Need to Return the Engagement Ring?

The day you get engaged is only eclipsed by your wedding day. Your engagement is the beginning of your new life together and the start of planning for the big day. The engagement ring is one of the most well-known symbols of love in our society. The engagement ring is a way to show that you are betrothed and that you are in a committed relationship. Unfortunately, if you end your engagement, the wedding will not take place. If that happens, do you need to return the engagement ring?

Gift in Contemplation of Marriage