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How Do I File for Divorce in North Carolina?

Published on: July 13, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

Divorce is not the answer for every problematic marriage, but when a couple is no longer able to continue with the union, it may be the best solution. When you have made the tough decision to divorce, you need to focus on the legal process of ending your marriage. There are various steps that you must follow in order to obtain a divorce in North Carolina. You must make sure that you abide by the law in order to ensure a smooth process. An experienced divorce attorney will help guide the process to make it easier and less stressful for you and your family.

Can I Contest a Prenuptial Agreement?

Published on: July 8, 2022 | 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?”

Many couples want to use a safety net to protect themselves in case their marriage ends. A prenup is a useful tool that can make uncoupling easier and less contentious in the event the marriage comes to an end. Once in place, the prenup is legally binding and both parties must adhere to the document if they divorce. Sometimes, however, a prenup is unfair and in some instances, it may be possible to contest the validity of the document.

Making Shared Physical Custody Work

Published on: June 15, 2022 | 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?”

When parents divorce, their main concern is usually the welfare of their children. In North Carolina, both parents should generally share custody of their children. Shared physical custody allows both parents to spend quality time with their children on a regular basis. Parents who are able to put their differences aside can provide a stable and loving environment for their children after divorce. A divorce attorney will help you establish the type of custody arrangement that will work best for your family.

Emergency Child Custody in North Carolina

Published on: May 18, 2022 | 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?”

Your child’s health and welfare are likely your biggest concern. When a child is in danger it is essential to take immediate action. When a child is in danger, you may file for emergency child custody. Emergency child custody is a request through the court system. The courts take child endangerment seriously and therefore they have a process in place to protect a child from harm. If you believe that the child is in danger you may file for emergency child custody. A child custody attorney will assist you with the request and will guide the process to protect the minor from any potential harm.

What are the Rights of Unmarried Parents?

Published on: May 11, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

The family dynamic has been changing over the last several decades. Today it is much more acceptable to give birth to children out of wedlock. According to the Centers for Disease Control and Prevention, CDC, approximately 40.5% of all live births in the United States in 2020 were to unmarried women. While there are many children born to single parents, there are many issues that may arise in regards to child care, custody, support, and visitation. Both parents need to understand their obligations, responsibilities and rights when it comes to their biological children.

How Much Child Support Will I Pay in North Carolina?

Published on: May 4, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

When parents divorce, they are generally both responsible for providing care for their children. Both parents have rights and responsibilities for their children until they become adults. There are a number of criteria that are used to calculate the amount of child support that each parent is to provide. North Carolina uses guidelines that calculate the amount of payments that parents must pay towards their child’s care. A helpful worksheet on the North Carolina Division of Social Services Child Support Services website can give you a better understanding of how calculations will be made.

What are the Grounds for Divorce in North Carolina?

Published on: April 27, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

The decision to end your marriage is one that is not taken lightly. In most cases, you and your spouse have been experiencing problems for some time and have been working unsuccessfully to resolve them. When you finally decide to divorce, you likely have many questions and concerns about the process and what to expect.

Who Pays For College After a Divorce?

Published on: April 20, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are not covered by child support?”

Parents want the best for their children. A divorce should not mean that the kids will not get the college education they deserve. Regardless of the age of your children when you end your marriage, you want to make arrangements to provide for their college education when the time comes. Generally, divorced parents are both equally responsible for their children’s care. However, support typically ends when a child graduates from high school and does not usually include the costs of higher education. You and your spouse should plan for higher education costs at the time you end your marriage.

What is Divorce From Bed and Board in North Carolina?

Published on: April 16, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

When you wed you believe that you will have a happy married life. Unfortunately, that is not the case for everyone. Some couples grow apart, and when that happens, you may want to end your union. In North Carolina, there are two main types of divorce. These include divorce from bed and board, and absolute divorce. When you think of divorce, you usually consider the marriage will end, however, that is not always true. Depending on your needs and your beliefs, you may want to obtain a divorce from bed and board. It is helpful to speak to an experienced divorce attorney to ensure that you seek the proper route to end your union.

What is Spousal Abandonment?

Published on: April 6, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

The decision to end your marriage is one that most couples take seriously. It can take some time to work through disputes and ultimately determine that it is best to seek a divorce. For most couples, the decision is a mutual one. Sometimes, however, one spouse leaves the other behind. When that happens, you may want to obtain a divorce but are unsure of how to go about ending the union. Spousal abandonment is a circumstance that may allow you to get a divorce. To file for absolute divorce in North Carolina, a couple must be separated for a period of at least one year.