divorce lawyer

Is Common Law Marriage Legal in North Carolina?

Published on: September 25, 2024 | On behalf of Arnold & Smith, PLLC

Is Common Law Marriage Legal in North Carolina?

Marriage is less common than it used to be. Today, many more couples decide to live together without getting married. Some people live together as a trial before they wed, while others simply choose to cohabitate. Couples who live together generally do not have any of the benefits of marriage. However, in some states, if you live together as a couple long enough, you will automatically have a common law marriage. Not all states recognize common law marriage.

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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

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?

What is Supervised Visitation?

Published on: January 25, 2023 | On behalf of Arnold & Smith, PLLC

What is Supervised Visitation?

Parents typically have the right to spend time with their children, even after they get divorced. Both parents generally share legal custody and parenting responsibilities. Often, children reside primarily with one parent while the other parent has visitation. Children can have time with each parent. A visitation order is usually part of the divorce process, along with a parenting plan that provides guidance for visitation.

Visitation

Alimony FAQ

Published on: November 23, 2022 | On behalf of Arnold & Smith, PLLC

Alimony FAQ

When you and your spouse divorce, one partner may need to pay money to the other for living costs and other expenses. The word alimony originates from the Latin word “alimonia” which means sustenance or nourishment. In North Carolina, alimony is also called spousal support. When couples divorce, alimony may or may not be appropriate. There are many questions people have regarding spousal support. An experienced North Carolina divorce attorney will help you through the process and answer your questions about alimony.

What are the Different Kinds of Alimony?

Tips for Parenting Through the Holidays After Divorce

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

Tips for Parenting Through the Holidays After Divorce

Parenting can be challenging, especially for those who are divorced. Whether you are going through a separation, are recently divorced, or have been apart for a while, it can be difficult to navigate the schedule with your children around the holidays. While you would like to have your children with you throughout this special time, they also need to spend time with their other parent. Grandparents also want to spend time with their grandchildren. Here are some tips to help you get through the holidays without unnecessary stress.

Plan Ahead

Is Common Law Marriage Legal?

Published on: November 2, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

Marriage may be less popular today than it was decades ago. Back then, cohabitation was frowned upon and people were not likely to have children outside of marriage. Over the last 40 years, societal norms and conventions have changed and it is perfectly acceptable for couples to live together and even become parents outside of marriage. Many times, couples live together for a period of time before they get married. Other times, couples continue to cohabitate without ever taking marriage vows. While living together without formally getting married may suit a couple, it can make it more difficult if they decide to part ways.

How Do We Divide Property in a North Carolina Divorce?

Published on: October 5, 2022 | On behalf of Arnold & Smith, PLLC

How Do We Divide Property in a North Carolina Divorce?

The decision to end your marriage is the beginning of many more choices you will need to make. You and your spouse may have accumulated many assets over the years and must determine the best way to divide them. Couples often disagree as to how to handle the division of property in a divorce, and it can be a challenging issue to resolve. An experienced divorce attorney will help guide the process and work on your behalf to try to come to a fair settlement agreement.

What is Equitable Distribution?

Serving Divorce Papers: What You Need to Know

Published on: September 28, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How much does it cost to get divorced, and how does the billing process work?”

Serving Divorce Papers: What You Need to Know

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.