Custody

How is Spousal Support Determined in North Carolina?

Published on: May 10, 2023 | On behalf of Arnold & Smith, PLLC

How is Spousal Support Determined in North Carolina?

When a couple divorces, they must divide their marital property in half. Each party walks away with half of their assets. In some cases, one spouse needs money from the other for their ongoing living expenses. This money is called spousal support, maintenance, or alimony. Spousal support is not automatic. In order to obtain support, the judge must have evidence to prove that the spouse needs the money. It is helpful to understand how the courts determine spousal support in North Carolina.

Is Spousal Support Necessary?

Asset and Property Division in North Carolina Divorce

Published on: May 3, 2023 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

When a couple divorces, they must review their assets, property, and debts and agree on how they will divide them. This can be a very complex undertaking, especially in marriages that lasted a long time or in a high-asset divorce. Couples need to determine all their assets and decide exactly how to distribute them in an equal and fair manner. A knowledgeable North Carolina divorce attorney will help you through the process.

Types of Property

How Do I Prepare for a Custody Case?

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

How Do I Prepare for a Custody Case?

When parents divorce, they often disagree about some of the fundamental settlement terms. Disputes regarding the children are among the most common arguments between divorcing couples. In North Carolina, both parents often share legal custody of their children. This is called shared parenting or co-parenting. The children typically live primarily with one parent and have regular visits with the other parent. Sometimes, parents cannot agree on child custody. When that happens, it can make the divorce process more difficult and stressful.

Child Custody

What is the Waiting Period for Divorce in North Carolina for?

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

What is the Waiting Period for Divorce in North Carolina?

Making the decision to divorce is likely one of the most difficult things you will ever do. Once you realize that you cannot make your marriage work, the next step is to begin the divorce process. In North Carolina, divorce is called absolute divorce. North Carolina requires couples to live separately for a period of one year before they can seek a no-fault divorce. The one-year period is required to ensure that you are ready to end your marriage. One partner will then file a petition for absolute divorce.

Waiting Period in North Carolina

Managing Your Credit Score During Divorce

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

Managing Your Credit Score During Divorce

You work hard for years to maintain a good credit history and score. When you are married, you and your spouse are usually responsible for the debts that you incur. Although you may always pay your bills on time and keep a good credit to debt ratio, you could face some credit challenges during and after your divorce. Even when couples agree to end their marriage, they may disagree about finances. In North Carolina, when couples divorce their marital property, including debts are to be divided equally.

Marital Debts

What is a Custody Evaluation?

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

What is a Custody Evaluation?

When couples divorce, they need to resolve many settlement issues. Some divorces are amicable, but often, couples disagree about important matters such as child custody. Parents may both have legal custody of their child, which allows both parents to make important decisions about a child’s health, education, and religion, among other things. Physical custody refers to where a child will live most of the time. Disputes about child custody can be emotional and challenging to resolve.

Resolving Custody Disputes

How Can I Relocate With My Child After Divorce?

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

How Can I Relocate with My Child After Divorce?

Parenting is often difficult after a divorce. When parents go their separate ways, they still have responsibilities to their children. Usually, both parents share legal custody of their child in that they are both able to make important decisions regarding the life of their child. Some of these decisions revolve around the child’s health, education, and religion, among others. Often, children reside primarily with one parent while they enjoy regular visitation with the other parent. The custodial parent may want to move out of the area after a divorce. Before you relocate, you need to make sure that you do so in a way that is legal.

Are There Restrictions on Relocation After Divorce?

Five Common Questions About Divorce in North Carolina

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

Five Common Questions About Divorce in North Carolina

Couples who are considering divorce may be unsure of what to expect. There are many issues to think about, and it can seem daunting. An experienced North Carolina divorce attorney will answer your questions and guide the process to make it easier and as stress-free as possible.

Can We Get a No-Fault Divorce?

What are a Father’s Rights in North Carolina?

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

What are a Father’s Rights in North Carolina?

A child has two biological parents, and both often play important roles in their life. Although a mother gives birth, both the mother and father have rights and responsibilities. Generally, both parents are allowed to spend time with their children. One parent typically has physical custody of the child, while the other has regular visitation. Both parents often share legal custody that allows them to make important decisions for their child regarding health, education, religion, and more. An experienced family law attorney will help protect your parental rights.

Can a Father Get Custody?

Five Reasons Why You Should Establish Paternity as an Unmarried Father

Published on: April 14, 2021 | 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?”

A child born during a marriage is automatically considered an heir to both parties of the marriage. However, when a child is born to unmarried parents, the father should establish paternity (the unmarried mother is legally considered the parent).