Equitable Distribution

How are Student Loans Treated in Divorce?

Published on: May 29, 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?”

When a marriage is ending, a judge is tasked with separating the assets and belongings of a married couple. The first thought in most people’s minds is how the assets of the couple are going to be divided. What most people fail to consider are the debts that a couple might be carrying. The debts that a couple incur during marriage also need to be part of the distribution of property; it is not just assets that get divided in divorce.

What Happens to My Bank Account After Divorce?

Published on: March 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?”

It is not uncommon for couples who get married to have a joint bank account. A joint bank account makes paying for shared expenses easier than having to go through two separate accounts. What happens to the funds in this account, however, in the event that a couple gets divorced? When a couple files for divorce, a judge will need to examine the money in the account to determine if it is joint property or the property of the individual.

Searching for Assets During Divorce

Published on: March 6, 2019 | On behalf of Arnold & Smith, PLLC

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

When a marriage is falling apart, one of the first things that might happen is one or both spouses losing trust in one another. While not present in every divorce case, it is likely that divorces resulting from adultery and other misrepresentations of truth during the marriage often see a dissolution of trust between the couple. These trust issues can become an issue during the division of assets during a divorce.

Three Major Issues in Family Law Cases

Published on: February 13, 2019 | On behalf of Arnold & Smith, PLLC

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

Every divorce and family law case is different because every family is different. There are different family dynamics, marital assets, and child custody disputes. While the specific facts of each case are different, there are commonalities among many family law divorce cases. The following are the three of the major issues that commonly arise in a divorce proceedings.

Social Media and Your Divorce

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

Board Certified Family Law Specialist Matt Arnold answers the question: “Should I delete old posts or censor new posts while going through a divorce?”

Divorce is difficult. Suddenly, two people who have spent a portion of their lives, regardless of how long or short of a time, together are deciding to end their marriage and separate. Due to the personal nature of divorce, conflict and emotions can run high. It can be difficult to split up assets, reach a custody agreement, and come to a mutual decision on the best division of property. Each side wants what they want and will present evidence to help them get it. One type of evidence that is commonly used in divorce proceedings that you might not expect is social media posts. Social media can have a negative impact on your divorce. The following are some guidelines to social media to consider during divorce proceedings in North Carolina.

Things to Consider During Separation or Divorce in North Carolina

Published on: December 12, 2018 | 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 process of getting a divorce in North Carolina can be confusing. Not only are the rules complicated, but you are also likely wrestling internally with some heavy emotions and transitioning to a new chapter of your life. No two divorces are identical, but if you are considering separating from you spouse, there are some important things you must consider first.

Financial Issues Unmarried Couples Need to Consider

Published on: November 28, 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?”

We have all heard the fairytales – boy meets girl, boy and girl fall in love, boy and girl get married, boy and girl live happily ever after. Life is not a fairytale, and more and more couples are choosing to postpone marriage and instead live together as if they were a married couple – sharing financial responsibility, purchasing a home together, etc. There is nothing wrong with postponing marriage, but there are some financial considerations that couples must think about to avoid problems in the future. When unmarried couples do not have defined financial plans, or responsibilities, it can often result in financial harm.

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.

Court of Appeals Rules on Distribution of Property in Divorce

Published on: September 12, 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?”

Deciding to file for divorce in North Carolina can be difficult. Not only are you dealing with the emotional ramifications that might come along with ending a marriage, but you are also faced with dividing physical property between you and your soon to be ex-spouse. Recently, the North Carolina Court of Appeals ruled on a divorce case with some issues surrounding the division of marital property.

Trusts and Divorce

Published on: August 16, 2017 | 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?”

No, we are not talking about trust, the bond of confidence between two people, we are instead talking about something a lot more tangible; trust funds, the popular estate planning vehicle used by more and more families every year. The dissolution of a marriage can impact nearly every aspect of your estate plan, including trusts. To understand more about what divorce might mean for your trust fund and how trust funds can prove helpful in the event of a split, keep reading.