Family law lawyer

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?

What Is Equitable Property Division in North Carolina Divorce?

Published on: March 8, 2023 | On behalf of Arnold & Smith, PLLC

What Is Equitable Property Division in North Carolina Divorce?

When a couple marries, they do not expect that they will get divorced. Unfortunately, many marriages end in divorce. Couples must then divide their property and assets. North Carolina law requires that marital property is divided in an equitable manner in a divorce. This is different from some states that allow for equal distribution. Equitable means that both parties will end up with a fair settlement. An experienced divorce attorney will guide the process and will ensure that you receive a fair distribution.

Marital Property

When Does Child Support End?

Published on: March 1, 2023 | On behalf of Arnold & Smith, PLLC

When Does Child Support End?

Going through a divorce can be a difficult event for a family. Parents need to be particularly careful when there are children involved. Parents typically share parenting responsibilities, and the non-custodial parent usually pays child support. Child support is necessary to ensure the health and well-being of young children who are under the age of 18. Both parents have an obligation to provide for the welfare of their children. A child support order is a court document that requires a parent to provide money for a child, often as part of a divorce. A knowledgeable family law attorney will help guide the divorce process.

What is Child Support?

How Long Does a Contested Divorce Take?

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

How Long Does a Contested Divorce Take?

Going through a divorce can be difficult, but it may be much more challenging when one party contests the divorce. When that happens, the divorce process becomes more lengthy, and it can extend how long it takes to complete the process. In North Carolina, couples must be separated for a period of at least a year before they can move forward with a divorce. Although a couple resides apart, one party may not agree with the divorce or with some of the settlement terms. An experienced North Carolina divorce attorney will help guide the process and assist in resolving disputes.

What is a Contested Divorce?

What Happens to the House in a Divorce?

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

What Happens to the House in a Divorce?

Your home is one of your most important assets and likely the most significant. When you get married, you may dream of buying your home together. Your house holds many memories for you and your family. Your children may not know any other place to live beside your marital home. But what happens when you and your spouse divorce? Which one of you will be able to keep the house?

Certainly, there are many issues that you and your spouse need to resolve during the divorce process and distributing assets, including how to handle the home. A knowledgeable divorce attorney will help guide the process to ensure that you reach an equal settlement.

How Do I Establish Paternity in North Carolina?

Published on: November 9, 2022 | On behalf of Arnold & Smith, PLLC

Children are born to two parents, and both parents have rights and responsibilities. Sometimes, paternity is not automatic. In order to ensure parental rights, paternity might need to be established through legal channels. While you may know that you are the biological parent of a child, the law must confirm this in order to be able to make decisions for your child, order child support, and determine custody and visitation. A skilled family law attorney will help you resolve paternity matters and protect your parental rights.

When parents are married when the child is born, the law presumes that the husband is the father in most cases. If the father’s name is on the birth certificate and the parents later marry, no further action is needed to establish paternity. Paternity is the way to make sure that the biological father is the legal father of a child. Although parents may understand who the father is, the law does not assume paternity when the parents are not married.

https://youtu.be/iBTSY6ufZu8

QDRO: The Forgotten Divorce Penalty

Published on: January 24, 2017 | 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?”

A recent article by Bloomberg dived deep into the world of post-divorce finance. It’s a subject that few people understand and even fewer are interested in learning about. Though dull, it can be quite important, especially when fees start to add up. Specifically, the article discussed a common charge that some in the family law world have dubbed the “divorce penalty”. What is it? A QDRO.