Mecklenburg County

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

Types of Marital Contracts

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

Types of Marital Contracts

Whether you are planning your marriage or have made the decision to separate and divorce, you need to put the terms into a formal agreement. Marital agreements are contracts between a married couple. In North Carolina, there are four main types of marital agreements or contracts. These include prenuptial, postnuptial, separation, and settlement agreements. Each type of agreement has a specific use and is best made with help from a knowledgeable family law attorney.

Prenuptial Agreement

Can You Renegotiate a Prenuptial Agreement?

Published on: October 11, 2023 | On behalf of Arnold & Smith, PLLC

Can You Renegotiate a Prenuptial Agreement?

Not all marriages survive the test of time. While you never get married with the intent to divorce, it is best to prepare. A prenuptial agreement can protect you and your spouse and make life easier in case your union comes to an end. Prenuptial agreements are not just for the wealthy or for celebrities. They are actually useful legal documents that can make uncoupling easier and less stressful for everyone. If you have a prenuptial agreement in place you may wonder whether you can renegotiate it after you are married.

What is a Prenuptial Agreement?

What Should I Include in a Prenuptial Agreement?

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

What Should I Include in a Prenuptial Agreement?

Prenuptial agreements are becoming more popular. While many people think that only the rich or famous can benefit from a prenup, it is a helpful document for most couples. The prenup is an excellent way to provide guidance for how to handle the many issues that occur if a couple parts ways. In North Carolina, marital property is divided in an equal manner in a divorce. The prenup can define precisely how to divvy up your property. The prenup has value for both parties, but only if it is made in an enforceable way. A knowledgeable attorney will help you with a prenup that fits your needs.

Benefits of a Prenuptial Agreement

Is Common Law Marriage Legal?

Published on: November 2, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

Marriage may be less popular today than it was decades ago. Back then, cohabitation was frowned upon and people were not likely to have children outside of marriage. Over the last 40 years, societal norms and conventions have changed and it is perfectly acceptable for couples to live together and even become parents outside of marriage. Many times, couples live together for a period of time before they get married. Other times, couples continue to cohabitate without ever taking marriage vows. While living together without formally getting married may suit a couple, it can make it more difficult if they decide to part ways.

Co-Parenting School-Age Children

Published on: August 10, 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?”

https://youtu.be/u7xF07u5008

The new school year is upon us, and it is time to start thinking about how to provide the best parenting possible for your kids. Divorced parents likely share custody and need to shift gears out of summer vacation mode and back into school-year mode. Co-parenting takes a lot of good coordination and communication to ensure that your kids are happy and healthy. Having children in school presents additional concerns; you want to ensure that your kids get a good education and balance their time for a contented life.

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.

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.

Do We Need a Separation Agreement in North Carolina?

Published on: January 12, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

Separation is a necessary part of absolute divorce in North Carolina. Before spouses can divorce they must have a separation period of at least a year. The decision to separate and divorce may be a difficult one, but once you make the choice to end your marriage, you need to follow the law regarding how to go about dissolving your marriage. An experienced North Carolina family law attorney understands the many issues that arise during the process and will assist you through the process.