Divorce

Can a Child Choose Which Parent to Live With After a Divorce?

Published on: December 13, 2023 | On behalf of Arnold & Smith, PLLC

Can a Child Choose Which Parent to Live With After a Divorce?

Divorce can create a difficult situation for families. Generally, parents both have legal custody of their children and can make important decisions regarding their health, education, and more. Typically, a child will reside with one parent and have regular visitation with the other. The parent where the child resides is often called the primary custodial parent. Many parents wonder whether their child is allowed to choose which parent they wish to live with when they get divorced.

Where Will a Child Reside After Divorce?

Military Divorce FAQ

Published on: December 6, 2023 | On behalf of Arnold & Smith, PLLC

Military Divorce FAQ

The decision to end your marriage is a difficult one, and that holds true whether you are in the military or not. When one or both of you are serving in the military, it can bring up some questions. You may wonder about the steps to divorce and how being in the military will impact your separation and ultimate divorce. Here are answers to some of the most common military divorce questions. If you are considering divorce, you will want to seek legal guidance from an experienced divorce attorney.

Is Military Divorce More Complicated Than Typical Divorces?

What is Spousal Abandonment?

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

What is Spousal Abandonment?

Every state in the country now has no-fault divorce in place. No-fault divorce means that neither party needs to blame the other for the end of their marriage. In North Carolina, spouses may decide to seek a no-fault divorce, but what happens when one spouse abandons the other? If a spouse leaves the marital home and does not intend to return, one partner may have abandoned the other. The partner who is left behind may need to take steps to end the union by seeking a divorce. An experienced North Carolina divorce attorney will assist you through the process from start to finish.

What is Abandonment?

Arnold & Smith, PLLC Wins Gold for 2023

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

Arnold & Smith, PLLC Wins Gold for Charlotte’s Best in Family Law 2023

Family law is one of the most personal and emotionally charged areas of legal practice. That’s why receiving Gold for Charlotte’s Best in Family Law 2023 is such an incredible honor for our firm. It reflects not only our legal skill but also the deep trust that families across Charlotte place in us during some of life’s most difficult transitions.

The Charlotte’s Best Awards are uniquely meaningful because the winners are chosen by the public—not judges, not committees, not industry organizations. Every nomination and every vote comes from the people we serve.

What is a Bifurcated Divorce?

Published on: October 25, 2023 | On behalf of Arnold & Smith, PLLC

What is a Bifurcated Divorce?

Bifurcation is the division of something into two parts. Most people have never heard of a bifurcated divorce until hearing it in relation to celebrity divorces in the news. One of the most famous bifurcated divorces was between Kim Kardashian and Kayne West. A bifurcated divorce allows you to split the division of property and assets from the legal end of your marriage. This option allows you to deal with the divorce settlement issues separately after you are already legally divorced. While it is not often utilized, a couple may opt for a bifurcated divorce in some instances.

Reasons for Bifurcated Divorce

Can I Request a Change to a Child Custody Order?

Published on: October 18, 2023 | Matthew R. Arnold, Esq.

Can I Request a Change to a Child Custody Order?

When parents’ divorce, they come to an agreement regarding the custody of the children they have together. The judge makes the custody agreement part of the court order, usually called a permanent custody order, and you and your former spouse are required by law to follow what is in place. Generally, parents share custody with the children living primarily with one parent and having visitation with the other. You may wonder whether you can make changes to the child custody order after it is put in place. A knowledgeable family law attorney will guide you through the process.

Grounds for Child Custody Modification

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 Do After I Was Served Divorce Papers?

Published on: October 4, 2023 | On behalf of Arnold & Smith, PLLC

What Should I Do After I Was Served Divorce Papers?

When you get served with divorce papers, it can bring up many emotions. No matter how much you have prepared yourself for this moment, you may still feel upset, angry, or stressed out. You suddenly realize that your marriage is indeed coming to an end. While you knew this was coming, you may not know what to do now that you have been served with official divorce papers. An experienced Charlotte divorce attorney will help guide you through the process.

Divorce Summons and Complaint

Do I Have to Share My Inheritance in a Divorce?

Published on: September 20, 2023 | On behalf of Arnold & Smith, PLLC

Do I Have to Share My Inheritance in a Divorce?

When you divorce, you know that you will need to share your property and divide it between each of you. While you hoped your marriage would last forever, you are now facing the fact that your union is coming to an end. Both you and your spouse need to abide by the law while also making sure that you each receive the property that you are entitled to from your marriage, including any inheritance. An experienced North Carolina divorce attorney will help guide the process and assist you through a fair uncoupling.

Division of Property in North Carolina

Can I Get a Divorce if My Spouse Lives in a Different State?

Published on: September 6, 2023 | On behalf of Arnold & Smith, PLLC

Can I Get a Divorce if My Spouse Lives in a Different State?

If you make the decision to end your marriage, there are a few procedural issues that you may need to resolve. One of the most important matters is to determine how to seek a divorce when your spouse lives out of state. It is important to note that you do not need to get a divorce in the state where you were married, but you can generally get a divorce in the state where you currently reside. If you live in North Carolina and your spouse lives in a different state, you can initiate the process as long as you meet the criteria. A North Carolina divorce attorney will help you through your divorce from start to finish.

What are the Requirements to Get a Divorce in North Carolina?