cohabitation

What Questions Should I Ask a Divorce Attorney?

Published on: May 15, 2024 | On behalf of Arnold & Smith, PLLC

What Questions Should I Ask a Divorce Attorney?

When you and your spouse have decided to end your marriage, you will need to start the divorce process. North Carolina has specific rules that you must follow when you seek a legal separation or divorce. One of the first steps you will want to take is to hire an attorney to handle the legal details and guide you through the North Carolina divorce process. While it is not mandatory to have an attorney, it often makes divorce easier and less stressful.

Before you hire an attorney it is a good idea to have an initial consultation. You can often accomplish this through a video call or in person. The purpose of the consultation is to learn more about the attorney and to find out some of the basic issues that will be present in your divorce proceedings.

Uncoupling After Cohabitation

Published on: May 8, 2024 | On behalf of Arnold & Smith, PLLC

Uncoupling After Cohabitation

Many couples make the decision to live together. Whether they plan to marry in the future or simply want to enjoy a relationship without the commitment of marriage, living together is a common occurrence. While living together can be joyful, it can make parting ways more difficult. Unlike married couples who divorce, the law does not have a specific process in place for those who live together. In fact, cohabitation is illegal in North Carolina, although it is not something that is prosecuted. Therefore, couples need to understand how to divide their assets and property if they decide to end their relationship.

Property Division

Alimony in North Carolina: What You Need to Know

Published on: March 20, 2024 | On behalf of Arnold & Smith, PLLC

Alimony in North Carolina: What You Need to Know

When couples divorce in North Carolina, they must split their assets and liabilities 50/50. In most cases, each party is able to continue their career and can live the same way they were used to during their marriage. However, in some instances, one spouse may be required to provide alimony, also called spousal support, to the other. These payments may be made in regular payments or sometimes in a lump sum.

What is the Purpose of Alimony?

Cohabitation in North Carolina: What You Need to Know

Published on: November 1, 2023 | On behalf of Arnold & Smith, PLLC

Cohabitation in North Carolina: What You Need to Know

Many couples choose to live together before they get married. The number of people who cohabitate has been rising steadily over the last 30 years. Many couples try living together as a prerequisite to marriage. It is estimated that as many as 75% of married couples lived together before they tied the knot. However, cohabitation does not always result in marriage. There are some things to consider when you decide to live with someone to whom you are not married.

Cohabitation is Not Legal in North Carolina

When Does Alimony End?

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

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

As in other states, North Carolina allows for alimony in divorces unders some circumstances. Alimony, also called spousal support or maintenance, is money that one spouse pays to another as part of a divorce order. Alimony is not automatic and is determined on a case-by-case basis using a variety of factors. Alimony may be permanent and might be paid in regular monthly payments or in a lump sum. Post-separation alimony is money that is provided from one spouse to another on an interim basis until the divorce is final.

Alimony After Remarriage in North Carolina: What Residents Should Know

Published on: February 9, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

When a married couple decides to file for divorce, a divorce attorney helps the couple determine if alimony (also called “spousal support”) is an appropriate factor to consider. When a spouse remarries, it can have implications on alimony. Read on for more information.

How Does a Divorce From Bed and Board Affect Your Marital Rights in North Carolina?

Published on: February 12, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

North Carolina’s family law allows spouses to obtain a legal separation by asking the court for what is known as a divorce from bed and board. While this type of “divorce” does not end your marriage, it has a significant impact on the rights you and your husband/wife have.

Three Things to Consider When Looking for a Place to Live During Your North Carolina Divorce

Published on: January 29, 2020 | 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?”

Filing for divorce is not the only tough decision a spouse has to make when a marriage hits rock bottom. Looking for a new home during the divorce process is also a difficult process. Deciding where to live during your divorce is not a decision to be made lightly. There are at least three things to consider when determining what your new living arrangements will be.

Does Remarriage or Cohabitation Affect Alimony and Child Support in North Carolina?

Published on: September 25, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

A story of a woman who divorced her husband and found love with her wedding DJ can inspire many who do not feel happy in their marriage to file for divorce and pursue happiness.

Wisconsin Court Acknowledges Marriage Invalid, But Approves Divorce Award

Published on: October 25, 2017 | On behalf of Arnold & Smith, PLLC

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?”

Unsurprisingly, marriage is seen as a nonnegotiable prerequisite to divorce. A court cannot grant a divorce and divide marital property without an underlying marriage. Though this would seem to make sense, there are instances where though a marriage may not be legally valid, it is recognized by courts as having occurred. We have previously discussed issues surrounding common law marriage, but this post deals with something a little different: the putative marriage doctrine.