Iredell County

Can I Contest a Prenuptial Agreement?

Published on: July 8, 2022 | 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?”

Many couples want to use a safety net to protect themselves in case their marriage ends. A prenup is a useful tool that can make uncoupling easier and less contentious in the event the marriage comes to an end. Once in place, the prenup is legally binding and both parties must adhere to the document if they divorce. Sometimes, however, a prenup is unfair and in some instances, it may be possible to contest the validity of the document.

What Can I Do if My Former Spouse Stops Paying Child Support?

Published on: June 29, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

When parents divorce, they are still required to provide for their children’s regular and ongoing needs. Typically, children reside primarily with one parent while the other parent has visitation and is required to pay support. Children are entitled to support from their parents in order to lead a happy and healthy life. Unfortunately, sometimes a former spouse gets behind on child support payments or stops paying altogether. When this occurs, there are some things that the primary custodial parent can do to resolve the matter.

How Often Can I Have Visitation With My Child?

Published on: June 22, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

Divorce changes the family dynamic and requires adjustments from all family members. Children are especially important when considering the new way that a family will interact. Generally, both parents are allowed to spend time with their child following a divorce. Typically, parents share custody, but a child resides primarily with one parent and has regular visitation with the other. The parent in the home where the child resides is often called the primary custodial parent. It is essential to ensure that a child spends time with the non-custodial parent following a divorce.

Making Shared Physical Custody Work

Published on: June 15, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

When parents divorce, their main concern is usually the welfare of their children. In North Carolina, both parents should generally share custody of their children. Shared physical custody allows both parents to spend quality time with their children on a regular basis. Parents who are able to put their differences aside can provide a stable and loving environment for their children after divorce. A divorce attorney will help you establish the type of custody arrangement that will work best for your family.

Emergency Child Custody in North Carolina

Published on: May 18, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Your child’s health and welfare are likely your biggest concern. When a child is in danger it is essential to take immediate action. When a child is in danger, you may file for emergency child custody. Emergency child custody is a request through the court system. The courts take child endangerment seriously and therefore they have a process in place to protect a child from harm. If you believe that the child is in danger you may file for emergency child custody. A child custody attorney will assist you with the request and will guide the process to protect the minor from any potential harm.

What are the Rights of Unmarried Parents?

Published on: May 11, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

The family dynamic has been changing over the last several decades. Today it is much more acceptable to give birth to children out of wedlock. According to the Centers for Disease Control and Prevention, CDC, approximately 40.5% of all live births in the United States in 2020 were to unmarried women. While there are many children born to single parents, there are many issues that may arise in regards to child care, custody, support, and visitation. Both parents need to understand their obligations, responsibilities and rights when it comes to their biological children.

What is Spousal Abandonment?

Published on: April 6, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

The decision to end your marriage is one that most couples take seriously. It can take some time to work through disputes and ultimately determine that it is best to seek a divorce. For most couples, the decision is a mutual one. Sometimes, however, one spouse leaves the other behind. When that happens, you may want to obtain a divorce but are unsure of how to go about ending the union. Spousal abandonment is a circumstance that may allow you to get a divorce. To file for absolute divorce in North Carolina, a couple must be separated for a period of at least one year.

When Does Alimony End?

Published on: March 30, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

As in other states, North Carolina allows for alimony in divorces unders some circumstances. Alimony, also called spousal support or maintenance, is money that one spouse pays to another as part of a divorce order. Alimony is not automatic and is determined on a case-by-case basis using a variety of factors. Alimony may be permanent and might be paid in regular monthly payments or in a lump sum. Post-separation alimony is money that is provided from one spouse to another on an interim basis until the divorce is final.

What is Parental Kidnapping?

Published on: March 23, 2022 | 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?”

As a parent, you want to do everything you can to protect your child and keep them safe from all types of harm. Parents keep watch over their children in all circumstances to ensure their safety. The word “kidnapping” brings terrifying thoughts of a child being torn away from a parent without hope of reuniting. While kidnapping by a stranger can happen, it is a rare occurrence. The most frequent type of child kidnapping happens when a non-custodial parent takes the child or refuses to return a child after visitation. Parental kidnapping is a serious concern for many parents. When a parent takes their own child away from a custodial parent, the situation can best be described as parental kidnapping.

Absolute Divorce in North Carolina

Published on: March 16, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

Couples marry each other with the hope that the union will last forever. Unfortunately, that does not always happen. In many cases, couples grow apart and no longer wish to remain together. When spouses face irreconcilable differences, they may wish to seek a no-fault divorce. In North Carolina, there are two legal avenues that allow for separation or divorce from a spouse. Absolute divorce gives couples the opportunity to end a marriage in North Carolina. An experienced divorce attorney will answer your questions and help guide the process.