Divorce

Can I Appeal a Family Law Case in North Carolina?

Published on: May 29, 2024 | On behalf of Arnold & Smith, PLLC

Can I Appeal a Family Law Case in North Carolina?

Family law cases can often be complex, and the situation can be extremely emotional for both parties. There is no doubt that there are times when one party may feel that the decisions made by the judge are unjust or simply wrong. Disputes are common in divorce cases and parties may disagree regarding issues such as child custody, visitation, support, and division of property. You may wonder whether there is an option that will allow the court to review or reconsider the outcome. As with most legal procedures, there is an appellate process for family law cases.

Grounds for Appeal

How is Child Custody Determined in North Carolina?

Published on: May 22, 2024 | On behalf of Arnold & Smith, PLLC

How is Child Custody Determined in North Carolina?

When parents divorce, many of their main concerns are for their children. In general, North Carolina provides for both parents to have time with their children. Parents sometimes disagree about child custody matters. There are two types of child custody, including legal and physical. Legal custody is the ability of a parent to make decisions on behalf of their kids such as those regarding education, religion, and health matters, for example. Physical custody refers to where a child resides.

What are the Custody Rights of Parents?

What Questions Should I Ask a Divorce Attorney?

Published on: May 15, 2024 | On behalf of Arnold & Smith, PLLC

What Questions Should I Ask a Divorce Attorney?

When you and your spouse have decided to end your marriage, you will need to start the divorce process. North Carolina has specific rules that you must follow when you seek a legal separation or divorce. One of the first steps you will want to take is to hire an attorney to handle the legal details and guide you through the North Carolina divorce process. While it is not mandatory to have an attorney, it often makes divorce easier and less stressful.

Before you hire an attorney it is a good idea to have an initial consultation. You can often accomplish this through a video call or in person. The purpose of the consultation is to learn more about the attorney and to find out some of the basic issues that will be present in your divorce proceedings.

Uncoupling After Cohabitation

Published on: May 8, 2024 | On behalf of Arnold & Smith, PLLC

Uncoupling After Cohabitation

Many couples make the decision to live together. Whether they plan to marry in the future or simply want to enjoy a relationship without the commitment of marriage, living together is a common occurrence. While living together can be joyful, it can make parting ways more difficult. Unlike married couples who divorce, the law does not have a specific process in place for those who live together. In fact, cohabitation is illegal in North Carolina, although it is not something that is prosecuted. Therefore, couples need to understand how to divide their assets and property if they decide to end their relationship.

Property Division

Overnight Guests for Parents After Divorce

Published on: May 1, 2024 | On behalf of Arnold & Smith, PLLC

Overnight Guests for Parents After Divorce

Child custody and visitation matters are of top priority for parents when they divorce. There are many issues that are of concern. After divorce, parents must abide by the legal court order put in place. In many cases, one parent has primary physical custody while the other parent has regular visitation. Parents often wonder whether they are allowed to have overnight, romantic guests when their child is in their care. The answer may depend on the specific details included in the court order.

Is There a Restriction for Overnight Guests?

What Can I Do if My Former Spouse Does Not Follow the Child Custody Order?

Published on: April 24, 2024 | On behalf of Arnold & Smith, PLLC

What Can I Do if My Former Spouse Does Not Follow the Child Custody Order?

Not all divorces are amicable. Some of the most contentious areas of divorce are those that revolve around the children. Child custody matters can be quite difficult to live with after divorce. Once the judge puts a custody order in place, both parents must abide by it. Sometimes, a parent does not follow custody or visitation orders. When this happens, it can be frustrating for everyone involved. If your former spouse violates a child custody order, do not take matters into your own hands. Call an experienced family law attorney to help guide you through the proper legal process.

What are Violations of a Custody or Visitation Order?

Divorce Settlements in North Carolina

Published on: April 17, 2024 | On behalf of Arnold & Smith, PLLC

Divorce Settlements in North Carolina

Divorce is known as absolute divorce in North Carolina. Couples who wish to end their marriages must live apart for a period of at least one year prior to the divorce. While couples need to iron out quite a few details, some of the most contentious issues revolve around the distribution of property. North Carolina provides for an equal distribution of marital property, which means that both parties should end up with an equitable portion of their wealth and assets.

Distribution of Finances

Parenting Styles and How They Affect Co-Parenting After Divorce

Published on: April 10, 2024 | On behalf of Arnold & Smith, PLLC

Parenting Styles and How They Affect Co-Parenting After Divorce

Parenting after divorce can be challenging. Parents are often expected to co-parent even when they have an acrimonious relationship. Parents each have the same rights and responsibilities after they divorce. They must provide for their children’s needs and they each can spend time with their children. Sometimes, different parenting styles can make it hard to provide a stable environment for your kids.

https://youtu.be/h0_Z8oEDJf0?si=T86Wn18Dz86JwHax

Can a Child Choose Which Parent They Want to Live With After Divorce?

Published on: April 3, 2024 | On behalf of Arnold & Smith, PLLC

Can a Child Choose Which Parent They Want to Live With After Divorce?

When parents decide to divorce, one of the most difficult decisions they need to make is where the children will reside. In North Carolina, both parents have rights and responsibilities when it comes to their children. Generally, children reside primarily with one parent while the other parent has regular visits. Many people wonder whether a child has any say-so as to which parent they will live with after the divorce.

How Does a Judge Decide Where a Child Should Live?

What is Walkaway Wife Syndrome?

Published on: March 27, 2024 | On behalf of Arnold & Smith, PLLC

What is Walkaway Wife Syndrome?

Most times, when a marriage begins to deteriorate, both people are aware of the situation and may take steps to save their union. Sometimes, however, this does not happen. In some cases, one party, often the wife, decides to leave the marriage without even discussing it with her partner. Statistically, the wife is more often the one to initiate divorce. Relationship experts call this phenomenon the “walkaway wife syndrome.”

What is Walkaway Wife Syndrome?