Property division

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

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

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.

Who Will Keep the Family Home in a Divorce?

Published on: December 29, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

Your home is your place of comfort and it is where you relax and enjoy life. It is also probably the most expensive asset you own, which can make it an area of contention during a divorce. In North Carolina, property is to be distributed in an equitable manner when a marriage dissolves. You cannot simply split the home in half, so what will happen to it once a divorce is finalized? Even couples who are getting along often find that the home causes some disagreement between parties. An experienced divorce attorney in North Carolina can assist you in resolving disputes and help you obtain an equitable settlement distribution.

Separation vs. Divorce in North Carolina

Published on: October 13, 2021 | 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?”

When two people decide to get married, there is often a “honeymoon period” that extends past the actual honeymoon trip. This period of new married life is filled with firsts, as many couples begin to navigate and adjust to married life, which sometimes means living with their partner for the first time. While for some couples this period extends into a happy life together, for others it can be the start of a tumultuous time that ultimately leads to discussion of divorce.

Prepping for Property Division in a North Carolina Divorce

Published on: October 6, 2021 | On behalf of Arnold & Smith, PLLC

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

Although there is a degree of nobility involved in pursuing a minimalist lifestyle that attempts to obtain as little debt and unnecessary living items as possible, the reality is that for many Americans, building wealth and accumulating different types of property is a lifelong goal. When two people decide to get married, this decision often results in the combination of wealth and assets as they forge a path together. When the relationship sours and the couple decides to explore divorce, it can call into question what each spouse’s property ownership will look like in the future.