distribution of marital property

How Does Marital Misconduct Affect Divorce?

Published on: March 15, 2023 | On behalf of Arnold & Smith, PLLC

How Does Marital Misconduct Affect Divorce?

The decision to file for divorce is never easy. Sometimes, a marriage does not go as planned, and you and your spouse are no longer able to make your marriage work. You are not alone because according to the Centers for Disease Control and Prevention (CDC), the divorce rate is about 2.5 out of every 1,000 total population. There were more than 689,000 divorces in 2021. In North Carolina, you can obtain a no-fault divorce. This means that you do not need to prove grounds for divorce other than that your marriage is irretrievably broken. But what happens when one spouse has committed some form of marital misconduct?

What is Marital Misconduct?

What Is Equitable Property Division in North Carolina Divorce?

Published on: March 8, 2023 | On behalf of Arnold & Smith, PLLC

What Is Equitable Property Division in North Carolina Divorce?

When a couple marries, they do not expect that they will get divorced. Unfortunately, many marriages end in divorce. Couples must then divide their property and assets. North Carolina law requires that marital property is divided in an equitable manner in a divorce. This is different from some states that allow for equal distribution. Equitable means that both parties will end up with a fair settlement. An experienced divorce attorney will guide the process and will ensure that you receive a fair distribution.

Marital Property

What Happens to the House in a Divorce?

Published on: February 15, 2023 | On behalf of Arnold & Smith, PLLC

What Happens to the House in a Divorce?

Your home is one of your most important assets and likely the most significant. When you get married, you may dream of buying your home together. Your house holds many memories for you and your family. Your children may not know any other place to live beside your marital home. But what happens when you and your spouse divorce? Which one of you will be able to keep the house?

Certainly, there are many issues that you and your spouse need to resolve during the divorce process and distributing assets, including how to handle the home. A knowledgeable divorce attorney will help guide the process to ensure that you reach an equal settlement.

Preparing for Your First Meeting with a Divorce Attorney

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

Preparing for Your First Meeting with a Divorce Attorney

You have decided to end your marriage, and now you are ready to begin the divorce process. While you are not required to have an attorney, a knowledgeable divorce attorney will most certainly make the process easier and less stressful. You can help the procedure if you properly prepare in advance for the first meeting with your divorce attorney. Your lawyer will typically provide you with some information prior to your meeting.

List Assets and Debts

How to Prove Adultery in a North Carolina Divorce Case?

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

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

If you are getting divorced because your spouse engaged in an extramarital affair, you probably want to prove adultery in your divorce case. While North Carolina is a no-fault state for divorce, which means spouses are not required to prove fault to get a divorce, you could potentially benefit from proving that your spouse committed adultery.