marital misconduct

What is the Waiting Period for Divorce in North Carolina for?

Published on: April 19, 2023 | On behalf of Arnold & Smith, PLLC

What is the Waiting Period for Divorce in North Carolina?

Making the decision to divorce is likely one of the most difficult things you will ever do. Once you realize that you cannot make your marriage work, the next step is to begin the divorce process. In North Carolina, divorce is called absolute divorce. North Carolina requires couples to live separately for a period of one year before they can seek a no-fault divorce. The one-year period is required to ensure that you are ready to end your marriage. One partner will then file a petition for absolute divorce.

Waiting Period in North Carolina

Managing Your Credit Score During Divorce

Published on: April 12, 2023 | On behalf of Arnold & Smith, PLLC

Managing Your Credit Score During Divorce

You work hard for years to maintain a good credit history and score. When you are married, you and your spouse are usually responsible for the debts that you incur. Although you may always pay your bills on time and keep a good credit to debt ratio, you could face some credit challenges during and after your divorce. Even when couples agree to end their marriage, they may disagree about finances. In North Carolina, when couples divorce their marital property, including debts are to be divided equally.

Marital Debts

What is a Custody Evaluation?

Published on: April 5, 2023 | On behalf of Arnold & Smith, PLLC

What is a Custody Evaluation?

When couples divorce, they need to resolve many settlement issues. Some divorces are amicable, but often, couples disagree about important matters such as child custody. Parents may both have legal custody of their child, which allows both parents to make important decisions about a child’s health, education, and religion, among other things. Physical custody refers to where a child will live most of the time. Disputes about child custody can be emotional and challenging to resolve.

Resolving Custody Disputes

How Can I Relocate With My Child After Divorce?

Published on: March 29, 2023 | On behalf of Arnold & Smith, PLLC

How Can I Relocate with My Child After Divorce?

Parenting is often difficult after a divorce. When parents go their separate ways, they still have responsibilities to their children. Usually, both parents share legal custody of their child in that they are both able to make important decisions regarding the life of their child. Some of these decisions revolve around the child’s health, education, and religion, among others. Often, children reside primarily with one parent while they enjoy regular visitation with the other parent. The custodial parent may want to move out of the area after a divorce. Before you relocate, you need to make sure that you do so in a way that is legal.

Are There Restrictions on Relocation After Divorce?

Five Common Questions About Divorce in North Carolina

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

Five Common Questions About Divorce in North Carolina

Couples who are considering divorce may be unsure of what to expect. There are many issues to think about, and it can seem daunting. An experienced North Carolina divorce attorney will answer your questions and guide the process to make it easier and as stress-free as possible.

Can We Get a No-Fault Divorce?

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?

Alimony FAQ

Published on: November 23, 2022 | On behalf of Arnold & Smith, PLLC

Alimony FAQ

When you and your spouse divorce, one partner may need to pay money to the other for living costs and other expenses. The word alimony originates from the Latin word “alimonia” which means sustenance or nourishment. In North Carolina, alimony is also called spousal support. When couples divorce, alimony may or may not be appropriate. There are many questions people have regarding spousal support. An experienced North Carolina divorce attorney will help you through the process and answer your questions about alimony.

What are the Different Kinds of Alimony?

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.

How Do Courts Determine Alimony in North Carolina?

Published on: August 18, 2021 | On behalf of Arnold & Smith, PLLC

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

Throughout the course of human history, risk assessment has always been something ingrained within us. We look at our options before making choices, and we evaluate the potential consequences of those options. For many of us, the choice to get married is the end result of lots of thinking and planning for the future. However, even marriages that start with the best of intentions can sometimes turn toward divorce.

Can Spouses Reconcile After Separation in North Carolina?

Published on: March 17, 2021 | 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?”

It is not uncommon for spouses who become “legally separated” to reconcile instead of filing for divorce. Under North Carolina law, a couple must be separated for one year and a day before they can seek a divorce.