Divorce

A Guide to Alimony in North Carolina

Published on: October 10, 2018 | On behalf of Arnold & Smith, PLLC

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

Not every marriage ends in a lifetime of happiness with your spouse. Unfortunately, spouses have irreconcilable differences that lead them to file for divorce and legally end their marriage. For some spouses, divorce results in each spouse continuing to work and live his or her separate life, just separate from the former spouse. For others, though, a divorce can cause them to wonder how they will continue in their previous lifestyle. In some instances, one spouse works and makes money to provide for the family, while the other spouse stays home or works at a lesser paying job. A divorce does not have to devastate one, or both, spouses financially. There is a potential for one spouse to receive alimony payments from the other spouse.

What Happens to a Personal Injury Award in Divorce?

Published on: September 19, 2018 | 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?”

When couples are considering, or pursuing a divorce, there is a lot of discussion on the distribution of property between the couple. Is everything split down the middle? Is one spouse entitled to more of the assets than the other? What exactly are the property or assets that need to be divided? The assets and property that people most think of in divorce are homes, cars, and monetary assets. However, for some couples there are other types of property that must be considered. Personal injury settlements can become a contentious point in a divorce. To determine what happens to those settlements, you must first look at the way that property is classified by family law.

Thinking About Divorce? Here is What You Need to Know

Published on: August 8, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Thinking about ending a marriage can be hard. When one starts to think that he or she might want a divorce, it can be overwhelming; there are many considerations and actions to be taken. If you are contemplating a divorce, here are some things to do to help you through the process.

The Impact of Divorce on Retirement Accounts

Published on: August 1, 2018 | 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?”

For most individuals facing a divorce, their concern is what will happen to the children (if any) from the marriage and how the assets of the couple will be divided and assigned. A divorce can have many consequences to the present situation of the parties involved, but there are future considerations and consequences that must be considered by the parties when entering into a divorce agreement, as well. One of these future considerations is what will happen to any retirement accounts that the couple has.

Social Media can Have Unintended Consequences on Divorce

Published on: July 25, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Going through a divorce is a major transition in life. Suddenly, your assets are being divided, custody arrangements are being set, and you are left negotiating with a soon-to-be-ex spouse over assets and issues you never thought would be the subject of a legal battle. We see divorce on television or witnesses our close friends and families go through divorce, but we do not often consider the impact that our actions might have on the outcome of a divorce.

Reasons to Consider a Prenup Before Marriage

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Prenuptial agreements often have a bad reputation. Marriage is “supposed” to be the union of two people who are in love and want to be married forever. When a prenuptial agreement is discussed, people often think of one spouse who is financially better off protecting his or her money in the event that the marriage ends in divorce. They think that it is a sign that the marriage will not last or be successful. This is not true. A prenuptial agreement (“prenup”) is a contract entered into before marriage that will serve as a guide in the event that a divorce happens. While people do not want to think that their marriage will end someday, it is smart to plan for all contingencies and possibilities.

An Explanation of Collaborative Divorce in North Carolina

Published on: July 11, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Going through a divorce can be tough. You are ending a relationship and declaring that you wish your legal marriage be terminated. The very nature of a relationship ending can lead to heightened emotions and turmoil during the divorce process. In an effort to avoid contentious divorces, be mindful of your options; there is an alternative to the traditional contentious divorce proceeding. Couples can decide to engage in a collaborative divorce proceeding.

Cheating and Divorce

Published on: July 4, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

As a former mayor of New York City and attorney to the President, Rudy Giuliani is no stranger to being in the press. Recently, he has made the headlines, not for his political career or attorney work, but for a divorce to his soon to be ex-wife. His ex-wife has recently made allegations that he was having an affair during their marriage, according to the Washington Examiner.

The Impact of Adultery on Divorce

Published on: June 20, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

The act of adultery of one or both spouses is one of the biggest reasons that couples get divorced. North Carolina is a no-fault state in regards to divorce. This means that the spouse who files for divorce is not required to prove that the other spouse is at fault for the divorce. In some states, adultery is one of the “faults” that a spouse can cite as a reason for divorce. This is not true in North Carolina. Nevertheless, adultery can have an impact on a divorce. Alimony payments, child custody, and property distribution can all be affected by adultery.

Can My Ex-Spouse Take Our Children Out of State?

Published on: June 13, 2018 | 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?”

Divorce is difficult. You and your soon-to-be ex-spouse are thrust into figuring out marital assets, spousal or alimony payments, and often coming to child custody agreements. Parents want what is best for their children and tend to be sensitive to their children’s feelings and needs during a divorce. In some cases, one of the spouses might want to move out of state. In those instances, there are special considerations for the children involved, which depend on the custody arrangement and any restrictions set forth by the applicable statute.