Articles Posted in Equitable Distribution

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

When a marriage is falling apart, one of the first things that might happen is one or both spouses losing trust in one another. While not present in every divorce case, it is likely that divorces resulting from adultery and other misrepresentations of truth during the marriage often see a dissolution of trust between the couple. These trust issues can become an issue during the division of assets during a divorce.

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

Every divorce and family law case is different because every family is different. There are different family dynamics, marital assets, and child custody disputes. While the specific facts of each case are different, there are commonalities among many family law divorce cases. The following are the three of the major issues that commonly arise in a divorce proceedings.

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

You have probably heard of a prenuptial agreement (“prenup”) – an agreement entered into by soon-to-be married couples to protect their assets. Prenuptial agreements are not the only agreements that couples have that can protect their assets. A postnuptial agreement (“postnup”) is entered into after a couple has already gotten married. A postnup can be just as important as a prenup. There are many reasons that a couple might want to enter into a postnuptial agreement.

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

The process of getting a divorce in North Carolina can be confusing. Not only are the rules complicated, but you are also likely wrestling internally with some heavy emotions and transitioning to a new chapter of your life. No two divorces are identical, but if you are considering separating from you spouse, there are some important things you must consider first.

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

We have all heard the fairytales – boy meets girl, boy and girl fall in love, boy and girl get married, boy and girl live happily ever after. Life is not a fairytale, and more and more couples are choosing to postpone marriage and instead live together as if they were a married couple – sharing financial responsibility, purchasing a home together, etc. There is nothing wrong with postponing marriage, but there are some financial considerations that couples must think about to avoid problems in the future. When unmarried couples do not have defined financial plans, or responsibilities, it can often result in financial harm.

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

Imagine this situation: You are separating from your spouse. For the duration of your marriage, you have shared the same marital home. Both of you want to stay in the home; neither of you are willing to move out, even though you have separated and initiated a divorce proceeding. What do you do in this situation? Can one spouse be forced from the marital home and leave the other with the sole possession of the home? In North Carolina, the answer to those questions are “it depends.” There are certain circumstances and situations in which a spouse can be forced out of the marital home. However, there are requirements that must be met in order to succeed.

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

When couples are considering, or pursuing a divorce, there is a lot of discussion on the distribution of property between the couple. Is everything split down the middle? Is one spouse entitled to more of the assets than the other? What exactly are the property or assets that need to be divided? The assets and property that people most think of in divorce are homes, cars, and monetary assets. However, for some couples there are other types of property that must be considered. Personal injury settlements can become a contentious point in a divorce. To determine what happens to those settlements, you must first look at the way that property is classified by family law.

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

Deciding to file for divorce in North Carolina can be difficult. Not only are you dealing with the emotional ramifications that might come along with ending a marriage, but you are also faced with dividing physical property between you and your soon to be ex-spouse. Recently, the North Carolina Court of Appeals ruled on a divorce case with some issues surrounding the division of marital property.

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

For most individuals facing a divorce, their concern is what will happen to the children (if any) from the marriage and how the assets of the couple will be divided and assigned. A divorce can have many consequences to the present situation of the parties involved, but there are future considerations and consequences that must be considered by the parties when entering into a divorce agreement, as well. One of these future considerations is what will happen to any retirement accounts that the couple has.