divide marital property

Cohabitation in North Carolina: What You Need to Know

Published on: November 1, 2023 | On behalf of Arnold & Smith, PLLC

Cohabitation in North Carolina: What You Need to Know

Many couples choose to live together before they get married. The number of people who cohabitate has been rising steadily over the last 30 years. Many couples try living together as a prerequisite to marriage. It is estimated that as many as 75% of married couples lived together before they tied the knot. However, cohabitation does not always result in marriage. There are some things to consider when you decide to live with someone to whom you are not married.

Cohabitation is Not Legal in North Carolina

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 I Request a Change to a Child Custody Order?

Published on: October 18, 2023 | Matthew R. Arnold, Esq.

Can I Request a Change to a Child Custody Order?

When parents’ divorce, they come to an agreement regarding the custody of the children they have together. The judge makes the custody agreement part of the court order, usually called a permanent custody order, and you and your former spouse are required by law to follow what is in place. Generally, parents share custody with the children living primarily with one parent and having visitation with the other. You may wonder whether you can make changes to the child custody order after it is put in place. A knowledgeable family law attorney will guide you through the process.

Grounds for Child Custody Modification

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?

What Should I Do After I Was Served Divorce Papers?

Published on: October 4, 2023 | On behalf of Arnold & Smith, PLLC

What Should I Do After I Was Served Divorce Papers?

When you get served with divorce papers, it can bring up many emotions. No matter how much you have prepared yourself for this moment, you may still feel upset, angry, or stressed out. You suddenly realize that your marriage is indeed coming to an end. While you knew this was coming, you may not know what to do now that you have been served with official divorce papers. An experienced Charlotte divorce attorney will help guide you through the process.

Divorce Summons and Complaint

Can an Unmarried Father Get Visitation of His Child?

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

Can an Unmarried Father Get Visitation of His Child?

The societal trends of families in the United States have changed quite a bit over the last 50 years. While families in the mid-1900s were composed mainly of married parents, that is not always the case today. The number of unmarried fathers has doubled over the last half-century. About 1 in 5 children are living with their unmarried mother. This means that unmarried fathers must take steps to seek visitation with their children.

Unfortunately, without a legal order, mothers are not required to allow an unmarried father to spend time with their child. A father should seek a court order to ensure that they get regular visits with their child. Before you can take legal action, you must establish that you are the child’s biological father.

Do I Have to Share My Inheritance in a Divorce?

Published on: September 20, 2023 | On behalf of Arnold & Smith, PLLC

Do I Have to Share My Inheritance in a Divorce?

When you divorce, you know that you will need to share your property and divide it between each of you. While you hoped your marriage would last forever, you are now facing the fact that your union is coming to an end. Both you and your spouse need to abide by the law while also making sure that you each receive the property that you are entitled to from your marriage, including any inheritance. An experienced North Carolina divorce attorney will help guide the process and assist you through a fair uncoupling.

Division of Property in North Carolina

Child Custody Agreements

Published on: September 13, 2023 | On behalf of Arnold & Smith, PLLC

Child Custody Agreements

When couples divorce, they have many issues that they need to resolve. When the spouses have children, there are additional concerns that involve caring for their children following their breakup. Both parents have rights and responsibilities regarding their kids. Parents must come to an agreement about where the children will reside and when and how visitation will take place. It is often best for parents to come to a custody agreement before they go to court.

Types of Custody Arrangements

Can I Get a Divorce if My Spouse Lives in a Different State?

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

Can I Get a Divorce if My Spouse Lives in a Different State?

If you make the decision to end your marriage, there are a few procedural issues that you may need to resolve. One of the most important matters is to determine how to seek a divorce when your spouse lives out of state. It is important to note that you do not need to get a divorce in the state where you were married, but you can generally get a divorce in the state where you currently reside. If you live in North Carolina and your spouse lives in a different state, you can initiate the process as long as you meet the criteria. A North Carolina divorce attorney will help you through your divorce from start to finish.

What are the Requirements to Get a Divorce in North Carolina?

What are the Three Most Important Issues in a Divorce?

Published on: August 30, 2023 | On behalf of Arnold & Smith, PLLC

What are the Three Most Important Issues in a Divorce?

Absolute divorce means the dissolution of your marriage. North Carolina allows no-fault divorce. This can make the process somewhat easier, however, you will still need to work to resolve the important settlement terms of your divorce. Couples must fulfill the requirement to live separately for a period of one year before they can divorce. You can utilize this time to work through the various matters that deal with uncoupling. Here are the three most important issues that most couples will face during divorce.

Division of Property