file divorce papers

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

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?

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

Types of Marital Contracts

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

Types of Marital Contracts

Whether you are planning your marriage or have made the decision to separate and divorce, you need to put the terms into a formal agreement. Marital agreements are contracts between a married couple. In North Carolina, there are four main types of marital agreements or contracts. These include prenuptial, postnuptial, separation, and settlement agreements. Each type of agreement has a specific use and is best made with help from a knowledgeable family law attorney.

Prenuptial Agreement

Child Abandonment in North Carolina

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

Child Abandonment in North Carolina

About 18.3 million children are living in families without their fathers, according to the U.S. Census Bureau. That equates to about one in four children in the United States. Most often, it is a father who abandons a child, but a child could also be abandoned by a mother. Abandonment can occur in cases where parents are married, separated, divorced, or unmarried.

What is Child Abandonment?

What is a Financial Disclosure in a North Carolina Divorce?

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

What is a Financial Disclosure in a North Carolina Divorce?

When a couple decides to end their marriage, they begin the divorce process. In North Carolina, a couple must live apart for at least a year before they may seek a no-fault divorce. A no-fault divorce is based on the fact that both parties agree that the marriage is over and cannot be saved. The next step is for couples to divide their assets and debts in a fair and equitable manner. Marital property is property that the couple has obtained during their marriage.

Financial Disclosure of Assets and Debts

What You Need to Know About Marital Property in North Carolina

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

What You Need to Know About Marital Property in North Carolina

North Carolina is a no-fault divorce state. This means that a couple may seek to end their marriage due to irreconcilable differences. A no-fault divorce is easier and less complicated than divorces that require grounds. While a no-fault divorce is likely less difficult, couples must still work to properly divide their property as well as their assets. North Carolina laws provide that couples divide marital property in an equitable manner when they divorce.

What is Marital Property?

Why is January Known as National Divorce Month?

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

Why is January Known as National Divorce Month?

A new year is here, and with it comes changes, resolutions, and, in some cases, divorce. Many people refer to January as an unofficial divorce month. Certainly, January seems to be a month when more couples make the decision to end their marriages. Divorce is not something that couples take lightly. Most couples contemplate divorce for some time before they decide to move forward with the process. If you are ready to end your union, you may want to discuss the matter with a qualified divorce attorney in North Carolina.

Why is January a Popular Month for Divorce?