marital misconduct

What to Know About No-Fault Divorce in North Carolina

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

What to Know About No-Fault Divorce in North Carolina

When you and your partner tie the knot, you do not expect it to end in divorce. The last thing you think about is going through life without your partner. Unfortunately, sometimes marriages do not work out. If you have explored your options and tried to resolve your issues, you may still come to the conclusion that you wish to go your separate ways. The decision to divorce is not an easy one, but it is made easier with the ability to seek a no-fault divorce in North Carolina.

What is No-Fault Divorce?

Can a Child Choose Which Parent to Live With After a Divorce?

Published on: December 13, 2023 | On behalf of Arnold & Smith, PLLC

Can a Child Choose Which Parent to Live With After a Divorce?

Divorce can create a difficult situation for families. Generally, parents both have legal custody of their children and can make important decisions regarding their health, education, and more. Typically, a child will reside with one parent and have regular visitation with the other. The parent where the child resides is often called the primary custodial parent. Many parents wonder whether their child is allowed to choose which parent they wish to live with when they get divorced.

Where Will a Child Reside After Divorce?

Can I Date While Separated in North Carolina?

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

Can I Date While Separated in North Carolina?

You and your spouse have decided to end your marriage. Now, you are in the middle of a divorce, and you are wondering whether you can start dating again. This is a common question, and the answer is not always clear. It is helpful to understand the divorce process in North Carolina and how it will impact your social life. An experienced divorce attorney will guide you through the process to make it easier and less stressful.

Separation Before Divorce

Can a Child Choose Which Parent to Live With in a Divorce?

Published on: June 21, 2023 | On behalf of Arnold & Smith, PLLC

Can a Child Choose Which Parent to Live With in a Divorce?

Divorcing while having children can be challenging and stressful, not just for the parents, but also for the kids. Generally, parents share legal custody of their children after divorce. Legal custody allows a parent to make important decisions on behalf of the child. When it comes to physical custody, where the child resides, one parent is typically the primary custodial parent, and the other parent has regular visitation. Parents and courts will decide where children will live after their parents’ divorce, but many wonder whether the child has the option to choose his or her preference.

Child Custody: The Best Interest of the Child

What are the Most Common Divorce Mistakes?

Published on: June 14, 2023 | On behalf of Arnold & Smith, PLLC

What are the Most Common Divorce Mistakes?

Divorce is one of the most difficult and emotionally draining times in your life. When you say “I do,” you do not expect the marriage to end. Yet almost half of all first marriages end in divorce. The decision to divorce starts a process that can be stressful. It can be even harder if you make mistakes along the way. There are some common mistakes that you can avoid to make your divorce easier, faster, and less tense. An experienced divorce attorney will answer your questions and help you through the process.

Failure to Communicate

The Engagement is Off – Do I Need to Return the Engagement Ring?

Published on: May 24, 2023 | On behalf of Arnold & Smith, PLLC

The Engagement is Off – Do I Need to Return the Engagement Ring?

The day you get engaged is only eclipsed by your wedding day. Your engagement is the beginning of your new life together and the start of planning for the big day. The engagement ring is one of the most well-known symbols of love in our society. The engagement ring is a way to show that you are betrothed and that you are in a committed relationship. Unfortunately, if you end your engagement, the wedding will not take place. If that happens, do you need to return the engagement ring?

Gift in Contemplation of Marriage

What is the Difference Between Joint and Sole Child Custody?

Published on: May 17, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Joint and Sole Child Custody?

When parents’ divorce, they still have the responsibility of raising their children. Divorce can make parenting more challenging. Both parents are still part of their children’s lives and must still provide for them. Both parents generally have legal custody of their children. Legal custody means that you are allowed to make decisions on behalf of your child, such as those regarding education, religion, and medical needs. Parents may have joint or sole physical custody of their child.

Physical Child Custody

How is Spousal Support Determined in North Carolina?

Published on: May 10, 2023 | On behalf of Arnold & Smith, PLLC

How is Spousal Support Determined in North Carolina?

When a couple divorces, they must divide their marital property in half. Each party walks away with half of their assets. In some cases, one spouse needs money from the other for their ongoing living expenses. This money is called spousal support, maintenance, or alimony. Spousal support is not automatic. In order to obtain support, the judge must have evidence to prove that the spouse needs the money. It is helpful to understand how the courts determine spousal support in North Carolina.

Is Spousal Support Necessary?

Asset and Property Division in North Carolina Divorce

Published on: May 3, 2023 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

When a couple divorces, they must review their assets, property, and debts and agree on how they will divide them. This can be a very complex undertaking, especially in marriages that lasted a long time or in a high-asset divorce. Couples need to determine all their assets and decide exactly how to distribute them in an equal and fair manner. A knowledgeable North Carolina divorce attorney will help you through the process.

Types of Property

How Do I Prepare for a Custody Case?

Published on: April 26, 2023 | On behalf of Arnold & Smith, PLLC

How Do I Prepare for a Custody Case?

When parents divorce, they often disagree about some of the fundamental settlement terms. Disputes regarding the children are among the most common arguments between divorcing couples. In North Carolina, both parents often share legal custody of their children. This is called shared parenting or co-parenting. The children typically live primarily with one parent and have regular visits with the other parent. Sometimes, parents cannot agree on child custody. When that happens, it can make the divorce process more difficult and stressful.

Child Custody