marital property

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

What Factors Determine Child Support in North Carolina?

Published on: May 31, 2023 | On behalf of Arnold & Smith, PLLC

What Factors Determine Child Support in North Carolina?

When parents’ divorce, they must still care for their children. Generally, parents share legal custody of their children, and they are both able to make important decisions on behalf of their children. Often, children reside with one parent while they have regularly scheduled visits with the other. When a child lives with one parent most of the time, that parent is said to have primary physical custody. The other parent is the non-custodial parent. Usually, the non-custodial parent pays child support for the care of their child.

What is Child Support?

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

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 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?

What Is Equitable Property Division in North Carolina Divorce?

Published on: March 8, 2023 | On behalf of Arnold & Smith, PLLC

What Is Equitable Property Division in North Carolina Divorce?

When a couple marries, they do not expect that they will get divorced. Unfortunately, many marriages end in divorce. Couples must then divide their property and assets. North Carolina law requires that marital property is divided in an equitable manner in a divorce. This is different from some states that allow for equal distribution. Equitable means that both parties will end up with a fair settlement. An experienced divorce attorney will guide the process and will ensure that you receive a fair distribution.

Marital Property

How Long Does a Contested Divorce Take?

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

How Long Does a Contested Divorce Take?

Going through a divorce can be difficult, but it may be much more challenging when one party contests the divorce. When that happens, the divorce process becomes more lengthy, and it can extend how long it takes to complete the process. In North Carolina, couples must be separated for a period of at least a year before they can move forward with a divorce. Although a couple resides apart, one party may not agree with the divorce or with some of the settlement terms. An experienced North Carolina divorce attorney will help guide the process and assist in resolving disputes.

What is a Contested Divorce?

What Happens to the House in a Divorce?

Published on: February 15, 2023 | On behalf of Arnold & Smith, PLLC

What Happens to the House in a Divorce?

Your home is one of your most important assets and likely the most significant. When you get married, you may dream of buying your home together. Your house holds many memories for you and your family. Your children may not know any other place to live beside your marital home. But what happens when you and your spouse divorce? Which one of you will be able to keep the house?

Certainly, there are many issues that you and your spouse need to resolve during the divorce process and distributing assets, including how to handle the home. A knowledgeable divorce attorney will help guide the process to ensure that you reach an equal settlement.

What You Need to Know About Divorce in North Carolina

Published on: December 21, 2022 | On behalf of Arnold & Smith, PLLC

What You Need to Know About Divorce in North Carolina

The divorce rates have been decreasing, but there is still a significant number of marriages that will end. Although divorce is not easy, it may be the best solution for some families. Divorce does not have to be overly stressful. If you can review the many issues that will be part of a divorce settlement, you can prepare for a more amicable resolution. Understanding divorce settlement issues will help you better work through these important issues. A knowledgeable North Carolina divorce attorney will help you navigate the divorce process.

Divorce From Bed and Board