Equitable Distribution

Understanding Primary and Secondary Custody in North Carolina

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

Understanding Primary and Secondary Custody in North Carolina

When parents divorce, they are both typically allowed to make legal decisions regarding their children. This is called legal custody. Physical custody is a little more complicated. North Carolina does not define joint custody or shared custody. One parent is given primary custody, while the other is given secondary custody. The child resides primarily with one parent, and the other parent has regular visits.

https://youtu.be/sVNdhPd_5I8

What is a 30-Day Waiver Divorce in North Carolina?

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

What is a 30-Day Waiver Divorce in North Carolina?

When you decide to seek a divorce, you must follow the laws of North Carolina. A couple must live apart for a period of at least a year with the intent to end their marriage. Once the year is over, you may proceed with an absolute divorce. An absolute divorce simply means that the marriage will be over and you will be free to move on.

30-Day Waiting Period

Getting Separated in North Carolina

Published on: June 26, 2024 | On behalf of Arnold & Smith, PLLC

Getting Separated in North Carolina

Nobody gets married with the intention of getting divorced. Sometimes, however, a marriage just does not work out, and the best thing for both parties is to separate. While divorce is a way to end a marriage, a couple may choose to separate instead. A separation may allow you to resolve settlement issues as you prepare to end your union. There are a few things to know about separation in North Carolina. A knowledgeable Charlotte divorce attorney will help you through the process.

Separation

Grandparent Visitation in North Carolina

Published on: June 19, 2024 | On behalf of Arnold & Smith, PLLC

Grandparent Visitation in North Carolina

Grandparents play a special role in the lives of their grandchildren. Children have special memories of their grandparents that last a lifetime. The love and care of a grandparent cannot be replaced. Grandparents form unique bonds with their grandchildren that are essential to kids. While most grandparents are able to see their grandchildren on a regular basis, there are times when a grandparent may be denied visitation. Many people wonder whether grandparents have visitation rights in North Carolina.

Do Grandparents Have Rights?

Who Pays for College After Divorce?

Published on: June 12, 2024 | On behalf of Arnold & Smith, PLLC

Who Pays for College After Divorce?

Divorce involves a lot of compromises, and you must make decisions about how you will divide up your assets and property. Even more important are decisions regarding your children. Typically in North Carolina, both parents are equally responsible for their children, and both are able to make legal decisions such as those regarding school, health care, and religion, among others. Children usually reside primarily with one parent while the other parent has visitation and pays child support. Parents may wonder who will pay for their children’s college costs when they are divorced.

Child Support Guidelines

Summer Co-Parenting Tips for Divorced Parents

Published on: June 5, 2024 | On behalf of Arnold & Smith, PLLC

Summer Co-Parenting Tips for Divorced Parents

Summer is a fun time for kids, but it can be stressful for parents. The daily routine changes and that can leave families feeling off-kilter. You want to make sure that your kids have a great summer, and at the same time, you still want to have control over the schedule. Here are some tips for co-parenting that can help you get through summer vacation.

https://youtu.be/iEvYXykifbE?si=zbu91IElgtVsMFmQ

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