Divorce

Do We Need a Separation Agreement in North Carolina?

Published on: January 12, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

Separation is a necessary part of absolute divorce in North Carolina. Before spouses can divorce they must have a separation period of at least a year. The decision to separate and divorce may be a difficult one, but once you make the choice to end your marriage, you need to follow the law regarding how to go about dissolving your marriage. An experienced North Carolina family law attorney understands the many issues that arise during the process and will assist you through the process.

What are the Considerations of Divorce in North Carolina?

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

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

The decision to end your marriage can be a difficult one. Once you know that your marriage is over, you will need to take steps to legally end the union. In North Carolina, a divorce is also called “absolute divorce.” North Carolina allows for no-fault divorce. This means that spouses are no longer able to remain married and the marriage cannot be repaired. Divorce can be complex, especially when you have children or when you have been married a long time. It is helpful to seek guidance from a knowledgeable family law attorney to assist with the process from start to finish.

Who Will Keep the Family Home in a Divorce?

Published on: December 29, 2021 | 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?”

Your home is your place of comfort and it is where you relax and enjoy life. It is also probably the most expensive asset you own, which can make it an area of contention during a divorce. In North Carolina, property is to be distributed in an equitable manner when a marriage dissolves. You cannot simply split the home in half, so what will happen to it once a divorce is finalized? Even couples who are getting along often find that the home causes some disagreement between parties. An experienced divorce attorney in North Carolina can assist you in resolving disputes and help you obtain an equitable settlement distribution.

Can I Relocate With My Child?

Published on: December 15, 2021 | 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?”

Parenting following a divorce can be complicated. While both parents may share legal custody of their children, they usually live primarily with one parent. The non-custodial parent usually has visitation with their children on a regular basis. Most often, children live relatively close to both parents, so visitation is not an issue. However, what happens when a parent with primary residential custody wants to move away? There are many factors that can come up when a parent wants to move with a child. A knowledgeable family law attorney will assist you and provide guidance for handling a move with a child following divorce.

Will I Get Alimony in a Divorce in North Carolina?

Published on: December 1, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

When couples in North Carolina seek to end their marriages, they determine how to distribute their assets and debts in an equitable manner. In some cases, alimony is necessary for one or the other spouse. Alimony is also called spousal support. Alimony is money that is paid from one spouse to the other as decided during the divorce process. It may be a permanent order that is put into place by a judge in family court. An experienced divorce attorney will review the details of your case and help you get spousal support if it is warranted.

Can I Get an Emergency Child Custody Order?

Published on: November 24, 2021 | 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?”

Divorce is never easy, but when you have children, divorce can be much more complicated. There are many issues that involve the kids, and parents must work to resolve them as best they can. Of all the many matters that pertain to children in divorce, one of the most important and the most urgent is the issue of where the children will reside. Usually, children will remain with one parent while parents work out the divorce. This is generally an acceptable solution for the short-term. However, there are some instances in which a parent may want to make sure that they obtain an immediate custody order. This is called an emergency child custody order or an ex-parte request.

What is Arbitration in Divorce Conflict?

Published on: November 17, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can you guarantee I will get the resolution I want?”

Divorce can be complicated, and many times couples find themselves embroiled in a battle. The settlement in a divorce includes details regarding how to divide property and assets, matters concerning child custody and support, and other issues such as alimony. North Carolina is not a community property state. Instead, it uses the principle of equitable distribution to divide property and assets. This can lead to some conflicts that can delay the divorce process and make the situation more stressful. An experienced North Carolina divorce attorney will help you resolve settlement distribution conflicts and ensure that you get your fair share in a divorce.

What is an Annulment?

Published on: November 10, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina. Topics discussed include: How to choose a divorce lawyer? How long does a divorce take? How much does a divorce cost? When can a person get an annulment?

When two people decide they want to end their marriage, they usually file for divorce. Divorce, also known as divorce from bed and board, is the most common way to dissolve a marriage. You may have heard of annulment and wonder what it is and whether it is a viable alternative for you instead of divorce. Annulment is a legal end to a marriage that is available only in a limited number of circumstances. Annulment not only ends the marriage but essentially voids it as if it did not exist.

Parenting Plans in North Carolina

Published on: November 3, 2021 | 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?”

Divorce can be a stressful time in your life and in the lives of your whole family. When parents end a marriage it can create a chaotic and difficult period of adjustment. In order to ensure that both parents spend time with their children they can agree to a parenting plan. A plan is the ideal way to handle the many issues that come up while parenting your child following a separation and divorce. It is usually best to consult with an experienced family law attorney to prepare a document that meets your needs and protects your rights.

Do We Need a Prenuptial Agreement?

Published on: October 27, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Your wedding is approaching and you are focusing on the many arrangements that you must make for your special day. One thing you might not be thinking about is a prenuptial agreement. While you may feel that a prenup is an admission that the marriage could end, it is actually more like an insurance policy that can protect both parties in case the union results in divorce. Nobody likes to think about divorce, especially at the start of your marriage, but it is something that could happen down the road and it is good to be prepared.