marital property

Asset and Property Division in North Carolina Divorce

Published on: January 15, 2025 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

Going through a divorce is not always easy. It can be one of the most stressful times in your life. As you go through the divorce process, you and your spouse will need to discuss how to divide your property. Finances are often the most divisive part of a divorce. Even amicable splits can turn acrimonious when it comes to asset and property division. A knowledgeable divorce attorney will guide you through the divorce process and help make things easier and less stressful.

Types of Property

What to Include in a Prenuptial Agreement

Published on: December 25, 2024 | On behalf of Arnold & Smith, PLLC

What to Include in a Prenuptial Agreement

Nobody likes to think that their marriage is going to end in divorce, especially before they even say their vows. However, the truth is that more than a third of all marriages will result in divorce, so it is best to address the issues ahead of time. You may feel afraid to discuss a prenup with your future spouse, but it can actually be a way to ensure that you reduce the possibility of a contentious divorce.

What is a Prenuptial Agreement?

Separate Property in Divorce in North Carolina

Published on: October 16, 2024 | On behalf of Arnold & Smith, PLLC

Separate Property in Divorce in North Carolina

Going through a divorce can be a daunting experience, both emotionally and financially. One of the most difficult parts of the process can be dividing your assets. In North Carolina, assets are to be distributed in an equal manner between spouses. While that may sound like an easy thing to do, in practice, dividing property can be quite difficult. One of the first things you will need to do is determine which assets are marital and which are considered separate, or nonmarital.

How Assets are Distributed in a Divorce

Divorced Parent Guide to Preparing for the School Year

Published on: October 9, 2024 | On behalf of Arnold & Smith, PLLC

Divorced Parent Guide to Preparing for the School Year

Summer is quickly coming to a close, and school will start soon. Whether you are separated, newly divorced, or have been divorced for some time, you and your former spouse will need to work together to prepare for the upcoming school year. It is essential to establish routines and make the school year as easy and stress-free for your child as possible.

Implement a New Routine

Is Common Law Marriage Legal in North Carolina?

Published on: September 25, 2024 | On behalf of Arnold & Smith, PLLC

Is Common Law Marriage Legal in North Carolina?

Marriage is less common than it used to be. Today, many more couples decide to live together without getting married. Some people live together as a trial before they wed, while others simply choose to cohabitate. Couples who live together generally do not have any of the benefits of marriage. However, in some states, if you live together as a couple long enough, you will automatically have a common law marriage. Not all states recognize common law marriage.

https://youtu.be/CM1ST8JOk7I

Tips for Navigating Divorce

Published on: September 11, 2024 | On behalf of Arnold & Smith, PLLC

Tips for Navigating Divorce

Divorce can be one of the most stressful times in your life. Unless you have been divorced before, you may not know what to expect from the process. You might be feeling scared and unsure of how to navigate the process in a way that will be best for you and your family. A knowledgeable divorce attorney will help guide you through the procedure. Here are some tips for getting through the end of your marriage.

https://youtu.be/tnLTRpboTAw?si=UVXsEEP2wAstqK80

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

Can I Make Changes to a Divorce Decree in North Carolina?

Published on: August 28, 2024 | On behalf of Arnold & Smith, PLLC

Can I Make Changes to a Divorce Decree in North Carolina?

Divorce happens in at least a third of marriages. When you go through the divorce process, you and your spouse will agree on the major issues, called settlement terms. Once the divorce is final, the judge issues a divorce decree. The order provides for how to divide marital property, matters regarding child custody and visitation, and alimony, among others. When a divorce is final, both parties must abide by the order. If you violate the order, you could suffer legal consequences. So, what happens if you feel you need to make changes to the divorce order?

https://youtu.be/HJxjxQDbq-8?si=NGHZsIanHXI8Z7gw

Can a Parent Move Out of State With Their Child After Divorce?

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

Can a Parent Move Out of State With Their Child After Divorce?

Divorcing with children brings many complications. One of the most important considerations is where your children will reside. While the law assumes both mothers and fathers are equally able to care for their children, in most instances, the children will reside primarily with one parent while the other parent will have regular visits. In today’s fluid society, many people move around the country, whether for work or personal reasons. What happens when one parent wants to move out of state with their children?

https://youtu.be/Li7s3lKCflA?si=U0MRrIbMtVGwz6GI

Five Common Questions About Divorce in North Carolina

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

Five Common Questions About Divorce in North Carolina

Divorce can be complex and overwhelming. The decision to end your marriage is one of the most difficult decisions you will make, and it will have a long-term impact on you and your family. The best place to start the process is to learn as much as you can about what to expect with divorce in North Carolina.

What is No-Fault Divorce in North Carolina?