Equitable Distribution

Distributing Property in a North Carolina Divorce

Published on: July 14, 2021 | On behalf of Arnold & Smith, PLLC

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

In North Carolina, residents take pride in their work. The money they earn in exchange for their time and skill allows them to build capital and make purchases and investments that can greatly enhance their quality of life, as well as that of their families. When couples decide to marry, joining finances allows them to build wealth on a greater scale. However, when these couples elect to file for divorce, questions about this wealth are certain to arise.

Can Spouses Reconcile After Separation in North Carolina?

Published on: March 17, 2021 | 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?”

It is not uncommon for spouses who become “legally separated” to reconcile instead of filing for divorce. Under North Carolina law, a couple must be separated for one year and a day before they can seek a divorce.

How Does the Equitable Distribution Process Work in North Carolina?

Published on: July 1, 2020 | On behalf of Arnold & Smith, PLLC

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

In North Carolina, equitable distribution generally involves three main steps. The court conducts the three-step process when spouses file for divorce and cannot reach consensus on property division through negotiations.

COVID-19: 6 Unintended Consequences of Getting a DIY Divorce in North Carolina

Published on: May 6, 2020 | On behalf of Arnold & Smith, PLLC

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

As court proceedings in North Carolina were postponed until June 1, 2020, many North Carolinians are becoming increasingly frustrated about the inability to get divorced during the COVID-19 pandemic.

Filing Taxes After Divorce in 2020: Alimony, Child Support, and Equitable Distribution

Published on: January 8, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Taxes should be considered when dealing with any family law-related issues such as alimony, child support, or equitable distribution. Getting divorced in 2020 can cause many tax surprising consequences.

How are Marital Debts (and Student Loans) Split in North Carolina Divorce?

Published on: November 20, 2019 | On behalf of Arnold & Smith, PLLC

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

Family courts in North Carolina have a duty to categorize assets and debts and determine their value to distribute these assets and debts in a fair and equitable manner. The process is referred to as Equitable Distribution.

What Happens to Cryptocurrencies During a North Carolina Divorce?

Published on: November 13, 2019 | 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?”

Since Bitcoin and a plethora of other cryptocurrencies have become a crucial – and rather sizeable – investment and currency in many people’s lives, you may be wondering about the legality of cryptocurrencies and their role in North Carolina divorce settlements.

North Carolina’s ‘Self-Help Packet’ for Divorced Without an Attorney: Does it Really Work?

Published on: October 30, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

If you cannot afford a Charlotte divorce attorney, North Carolina’s court system has another option that does not require you to pay for legal representation. The North Carolina Judicial Branch has introduced the first-ever statewide “self-help packet” for those who cannot afford a lawyer or do not want to deal with attorneys. The packet provides an easier method for getting divorced by offering general guidance, according to The News-Herald.

Pet Ownership and ‘Custody’ After a North Carolina Divorce

Published on: October 16, 2019 | 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?”

Dividing property during a divorce – also known as distribution in North Carolina – is a grueling experience. Fighting over child custody is often a disheartening and painful experience. But what about pets?

Financial Considerations During a Divorce in North Carolina

Published on: June 26, 2019 | 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?”

Going through a divorce can be stressful. You are suddenly tasked with splitting up a life that you built with another person and dividing all of your possessions, assets, and debts between you. In North Carolina, marital property is distributed under the premise of equitable distribution. This means that property is split according to what is fair, not necessarily equal, for each of the individuals. After the property distribution is settled and your divorce agreement is in place, there are additional financial considerations that will impact all divorced individuals.