Commingling Property

Which Spouse Should File for Divorce First?

Published on: September 4, 2024 | On behalf of Arnold & Smith, PLLC

Which Spouse Should File for Divorce First?

When you decide to end your marriage, it is not always a choice that you and your partner make at the same time. If your marriage has been heading toward divorce, you are probably aware of the decline. But which person should file for divorce first, and are there any advantages or disadvantages to doing so? North Carolina is a “no-fault” divorce state, which means that regardless of who files first, the marriage is ending because it is irretrievably broken.

How the Divorce Process Works

Types of Marital Contracts

Published on: February 21, 2024 | On behalf of Arnold & Smith, PLLC

Types of Marital Contracts

Whether you are planning your marriage or have made the decision to separate and divorce, you need to put the terms into a formal agreement. Marital agreements are contracts between a married couple. In North Carolina, there are four main types of marital agreements or contracts. These include prenuptial, postnuptial, separation, and settlement agreements. Each type of agreement has a specific use and is best made with help from a knowledgeable family law attorney.

Prenuptial Agreement

Child Abandonment in North Carolina

Published on: February 14, 2024 | On behalf of Arnold & Smith, PLLC

Child Abandonment in North Carolina

About 18.3 million children are living in families without their fathers, according to the U.S. Census Bureau. That equates to about one in four children in the United States. Most often, it is a father who abandons a child, but a child could also be abandoned by a mother. Abandonment can occur in cases where parents are married, separated, divorced, or unmarried.

What is Child Abandonment?

Why is January Known as National Divorce Month?

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

Why is January Known as National Divorce Month?

A new year is here, and with it comes changes, resolutions, and, in some cases, divorce. Many people refer to January as an unofficial divorce month. Certainly, January seems to be a month when more couples make the decision to end their marriages. Divorce is not something that couples take lightly. Most couples contemplate divorce for some time before they decide to move forward with the process. If you are ready to end your union, you may want to discuss the matter with a qualified divorce attorney in North Carolina.

Why is January a Popular Month for Divorce?

Who Keeps the Dog in a Divorce?

Published on: January 3, 2024 | On behalf of Arnold & Smith, PLLC

Who Keeps the Dog in a Divorce?

Your pets are part of your family. Often, couples have pets before they have children, and sometimes they have pets instead of kids. Most households own some type of pet. In fact, pet ownership has increased significantly over the last 30 years. As of 2023, about 66% of households in the United States are home to a pet. That equates to about almost 90 million homes. When couples divorce, they need to decide which one will keep the family pet.

Pets are Property

How Do I Change My Name Back When I Get Divorced?

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

How Do I Change My Name Back When I Get Divorced?

When you get married, it is customary to take your husband’s last name. In some cases, you may even choose to hyphenate your new and old names to form your new surname. If you later divorce, you may wish to return to using your original last name. If you want to return to the last name you had prior to getting married, you will need to know the steps to take to achieve this change.

Resumption of Pre-Marital Surname

Military Divorce FAQ

Published on: December 6, 2023 | On behalf of Arnold & Smith, PLLC

Military Divorce FAQ

The decision to end your marriage is a difficult one, and that holds true whether you are in the military or not. When one or both of you are serving in the military, it can bring up some questions. You may wonder about the steps to divorce and how being in the military will impact your separation and ultimate divorce. Here are answers to some of the most common military divorce questions. If you are considering divorce, you will want to seek legal guidance from an experienced divorce attorney.

Is Military Divorce More Complicated Than Typical Divorces?

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?

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 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?