Domestic violence

What is the Waiting Period for Divorce in North Carolina for?

Published on: April 19, 2023 | On behalf of Arnold & Smith, PLLC

What is the Waiting Period for Divorce in North Carolina?

Making the decision to divorce is likely one of the most difficult things you will ever do. Once you realize that you cannot make your marriage work, the next step is to begin the divorce process. In North Carolina, divorce is called absolute divorce. North Carolina requires couples to live separately for a period of one year before they can seek a no-fault divorce. The one-year period is required to ensure that you are ready to end your marriage. One partner will then file a petition for absolute divorce.

Waiting Period in North Carolina

Managing Your Credit Score During Divorce

Published on: April 12, 2023 | On behalf of Arnold & Smith, PLLC

Managing Your Credit Score During Divorce

You work hard for years to maintain a good credit history and score. When you are married, you and your spouse are usually responsible for the debts that you incur. Although you may always pay your bills on time and keep a good credit to debt ratio, you could face some credit challenges during and after your divorce. Even when couples agree to end their marriage, they may disagree about finances. In North Carolina, when couples divorce their marital property, including debts are to be divided equally.

Marital Debts

What is a Custody Evaluation?

Published on: April 5, 2023 | On behalf of Arnold & Smith, PLLC

What is a Custody Evaluation?

When couples divorce, they need to resolve many settlement issues. Some divorces are amicable, but often, couples disagree about important matters such as child custody. Parents may both have legal custody of their child, which allows both parents to make important decisions about a child’s health, education, and religion, among other things. Physical custody refers to where a child will live most of the time. Disputes about child custody can be emotional and challenging to resolve.

Resolving Custody Disputes

How Can I Relocate With My Child After Divorce?

Published on: March 29, 2023 | On behalf of Arnold & Smith, PLLC

How Can I Relocate with My Child After Divorce?

Parenting is often difficult after a divorce. When parents go their separate ways, they still have responsibilities to their children. Usually, both parents share legal custody of their child in that they are both able to make important decisions regarding the life of their child. Some of these decisions revolve around the child’s health, education, and religion, among others. Often, children reside primarily with one parent while they enjoy regular visitation with the other parent. The custodial parent may want to move out of the area after a divorce. Before you relocate, you need to make sure that you do so in a way that is legal.

Are There Restrictions on Relocation After Divorce?

Five Common Questions About Divorce in North Carolina

Published on: March 22, 2023 | On behalf of Arnold & Smith, PLLC

Five Common Questions About Divorce in North Carolina

Couples who are considering divorce may be unsure of what to expect. There are many issues to think about, and it can seem daunting. An experienced North Carolina divorce attorney will answer your questions and guide the process to make it easier and as stress-free as possible.

Can We Get a No-Fault Divorce?

How Does Marital Misconduct Affect Divorce?

Published on: March 15, 2023 | On behalf of Arnold & Smith, PLLC

How Does Marital Misconduct Affect Divorce?

The decision to file for divorce is never easy. Sometimes, a marriage does not go as planned, and you and your spouse are no longer able to make your marriage work. You are not alone because according to the Centers for Disease Control and Prevention (CDC), the divorce rate is about 2.5 out of every 1,000 total population. There were more than 689,000 divorces in 2021. In North Carolina, you can obtain a no-fault divorce. This means that you do not need to prove grounds for divorce other than that your marriage is irretrievably broken. But what happens when one spouse has committed some form of marital misconduct?

What is Marital Misconduct?

Current Issues in Family Law

Published on: January 19, 2022 | On behalf of Arnold & Smith, PLLC

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

Each year, millions of spouses across the United States seek the services of experienced local divorce attorneys who focus on not only divorce, but various other areas of family law such as child custody and property distribution. While some aspects of family law remain relatively stable over time and throughout different jurisdictions, others are prone to frequent change based on a number of factors.

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.

Can I Lock My Spouse Out of Our House During a North Carolina Divorce?

Published on: May 12, 2021 | On behalf of Arnold & Smith, PLLC

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

Who Gets the House in My North Carolina Divorce?

Published on: December 16, 2020 | 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?”

Dividing the marital home is one of the most complicated parts of a divorce for two reasons. First, the home is usually the married couple’s most valuable asset. Second, partners may have a hard time splitting the marital residence because of the deep emotional attachment to the home.