Family Law

Is Common Law Marriage Legal in North Carolina?

Published on: September 25, 2024 | On behalf of Arnold & Smith, PLLC

Is Common Law Marriage Legal in North Carolina?

Marriage is less common than it used to be. Today, many more couples decide to live together without getting married. Some people live together as a trial before they wed, while others simply choose to cohabitate. Couples who live together generally do not have any of the benefits of marriage. However, in some states, if you live together as a couple long enough, you will automatically have a common law marriage. Not all states recognize common law marriage.

https://youtu.be/CM1ST8JOk7I

Tips for Navigating Divorce

Published on: September 11, 2024 | On behalf of Arnold & Smith, PLLC

Tips for Navigating Divorce

Divorce can be one of the most stressful times in your life. Unless you have been divorced before, you may not know what to expect from the process. You might be feeling scared and unsure of how to navigate the process in a way that will be best for you and your family. A knowledgeable divorce attorney will help guide you through the procedure. Here are some tips for getting through the end of your marriage.

https://youtu.be/tnLTRpboTAw?si=UVXsEEP2wAstqK80

Which Spouse Should File for Divorce First?

Published on: September 4, 2024 | On behalf of Arnold & Smith, PLLC

Which Spouse Should File for Divorce First?

When you decide to end your marriage, it is not always a choice that you and your partner make at the same time. If your marriage has been heading toward divorce, you are probably aware of the decline. But which person should file for divorce first, and are there any advantages or disadvantages to doing so? North Carolina is a “no-fault” divorce state, which means that regardless of who files first, the marriage is ending because it is irretrievably broken.

How the Divorce Process Works

Can I Make Changes to a Divorce Decree in North Carolina?

Published on: August 28, 2024 | On behalf of Arnold & Smith, PLLC

Can I Make Changes to a Divorce Decree in North Carolina?

Divorce happens in at least a third of marriages. When you go through the divorce process, you and your spouse will agree on the major issues, called settlement terms. Once the divorce is final, the judge issues a divorce decree. The order provides for how to divide marital property, matters regarding child custody and visitation, and alimony, among others. When a divorce is final, both parties must abide by the order. If you violate the order, you could suffer legal consequences. So, what happens if you feel you need to make changes to the divorce order?

https://youtu.be/HJxjxQDbq-8?si=NGHZsIanHXI8Z7gw

Can a Parent Move Out of State With Their Child After Divorce?

Published on: August 21, 2024 | On behalf of Arnold & Smith, PLLC

Can a Parent Move Out of State With Their Child After Divorce?

Divorcing with children brings many complications. One of the most important considerations is where your children will reside. While the law assumes both mothers and fathers are equally able to care for their children, in most instances, the children will reside primarily with one parent while the other parent will have regular visits. In today’s fluid society, many people move around the country, whether for work or personal reasons. What happens when one parent wants to move out of state with their children?

https://youtu.be/Li7s3lKCflA?si=U0MRrIbMtVGwz6GI

Five Common Questions About Divorce in North Carolina

Published on: August 14, 2024 | On behalf of Arnold & Smith, PLLC

Five Common Questions About Divorce in North Carolina

Divorce can be complex and overwhelming. The decision to end your marriage is one of the most difficult decisions you will make, and it will have a long-term impact on you and your family. The best place to start the process is to learn as much as you can about what to expect with divorce in North Carolina.

What is No-Fault Divorce in North Carolina?

What is the Difference Between a Contested and Uncontested Divorce?

Published on: August 7, 2024 | On behalf of Arnold & Smith, PLLC

What is the Difference Between a Contested and Uncontested Divorce?

When you say “I do,” you don’t expect the marriage to end in divorce. Unfortunately, many unions do not last forever. When you have made the difficult decision to end your marriage, it is time to begin the divorce process. The most important requirement to get a divorce in North Carolina is to live separately for a year. Many people wonder what the difference is between a contested and uncontested divorce.

Uncontested Divorce

Dividing Marital Debt in North Carolina

Published on: July 31, 2024 | On behalf of Arnold & Smith, PLLC

Dividing Marital Debt in North Carolina

Going through a divorce can be one of the most challenging things you will ever do. Sometimes, even the most harmonious divorces can turn ugly. This is especially true when it comes to financial matters such as the distribution of assets and distribution of assets. Most couples have at least some debt. When a couple divorces, it can be difficult for them to handle debt alone. It is best to address marital debt concerns as soon as possible. An experienced divorce attorney will guide you through the process.

https://youtu.be/rh-6brVop4E?si=uA8iGIYnutHKWsKG

What is a High-Conflict Divorce?

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

What is a High-Conflict Divorce?

In North Carolina, as in other states, married couples may request a divorce based on irreconcilable differences. No other grounds for divorce generally apply to those who seek to end their marriages in North Carolina. Sometimes, couples are engaged in a contentious divorce. This is also sometimes called a high-conflict divorce. It happens when couples are having more difficulty than usual coming to an agreement regarding the terms of a divorce settlement.

https://youtu.be/j6RI3gGwm8I

What is a Parenting Coordinator?

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

What is a Parenting Coordinator?

Going through a divorce when you have children can cause a number of conflicts to arise between parents. Parents typically need to resolve the major issues concerning their kids, such as primary residence, visitation, and sharing parenting responsibilities. In some cases, parents have difficulty trying to come to an agreement about co-parenting. That is not hard to understand because many parents have different parenting styles and expectations. In these instances, a parenting coordinator may be helpful in resolving parenting conflicts.

What is a Parenting Coordinator?