Articles Tagged with asset division

Board Certified Family Law Specialist Matt Arnold answers the question: “How much does it cost to get divorced, and how does the billing process work?”

Going through a divorce can be stressful. You are suddenly tasked with splitting up a life that you built with another person and dividing all of your possessions, assets, and debts between you. In North Carolina, marital property is distributed under the premise of equitable distribution. This means that property is split according to what is fair, not necessarily equal, for each of the individuals. After the property distribution is settled and your divorce agreement is in place, there are additional financial considerations that will impact all divorced individuals.

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

When a marriage is ending, a judge is tasked with separating the assets and belongings of a married couple. The first thought in most people’s minds is how the assets of the couple are going to be divided. What most people fail to consider are the debts that a couple might be carrying. The debts that a couple incur during marriage also need to be part of the distribution of property; it is not just assets that get divided in divorce.

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Stressful situations can make people do unthinkable things, things that you would never expect an individual could be capable of based off of your experiences with them. During a contentious divorce, you might see a side of your former spouse come out that you never expected. There have been instances in which one spouse makes up stories about the other in an attempt to sway opinion. Lies are told in an attempt to receive more of the marital assets, receive the child custody agreement they want, or even to increase the amount of alimony received. You might think that false allegations will not affect you, but there are real consequences that come with certain allegations. If you are facing the challenge of a false allegation during divorce proceedings, here is what you need to know.

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Going through a divorce is a major transition in life. Suddenly, your assets are being divided, custody arrangements are being set, and you are left negotiating with a soon-to-be-ex spouse over assets and issues you never thought would be the subject of a legal battle. We see divorce on television or witnesses our close friends and families go through divorce, but we do not often consider the impact that our actions might have on the outcome of a divorce.

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

Going through a divorce can be tough. You are ending a relationship and declaring that you wish your legal marriage be terminated. The very nature of a relationship ending can lead to heightened emotions and turmoil during the divorce process. In an effort to avoid contentious divorces, be mindful of your options; there is an alternative to the traditional contentious divorce proceeding. Couples can decide to engage in a collaborative divorce proceeding.

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

We have discussed it several times before, pets are one of the most important parts of a divorce to be ignored from a legal perspective. Other key aspects of a split, including money, property and, obviously, children are all addressed by various laws and must be signed off on by a judge. Animals, on the other hand, are at best treated like any other item of personal property or, at worst, utterly ignored. Given the importance many people place on their pets, experts have said for years this is an area of the law that is ripe for change.

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

Though Brits and Americans diverge when it comes to their love of the Queen and tea, court cases, both criminal or civil, tend to be remarkably similar on either side of the pond. Given that the justice system in the US is based on British common law, this may not come as much of a shock. One area where the two countries have tended to agree concerns divorce, with courts in both countries going about things like division of assets in largely similar ways. A recent court ruling in London may mark the beginning of a divergence, at least as it relates to a certain segment of the population.

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

When you think of Supreme Court cases, you typically imagine the big ones, cases like Brown v. Board of Education or Miranda v. Arizona. Though it’s true that the Supremes usually only involve themselves in the bigger disputes, there are times when they choose to wade into more run-of-the-mill matters. A recent case argued before the court illustrates just that and concerns principles of equitable division; more specifically, how pension payments are divided during a divorce.

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

A recent article by Bloomberg dived deep into the world of post-divorce finance. It’s a subject that few people understand and even fewer are interested in learning about. Though dull, it can be quite important, especially when fees start to add up. Specifically, the article discussed a common charge that some in the family law world have dubbed the “divorce penalty”. What is it? A QDRO.