divide marital property

Divorce Settlements in North Carolina

Published on: April 17, 2024 | On behalf of Arnold & Smith, PLLC

Divorce Settlements in North Carolina

Divorce is known as absolute divorce in North Carolina. Couples who wish to end their marriages must live apart for a period of at least one year prior to the divorce. While couples need to iron out quite a few details, some of the most contentious issues revolve around the distribution of property. North Carolina provides for an equal distribution of marital property, which means that both parties should end up with an equitable portion of their wealth and assets.

Distribution of Finances

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

Published on: April 3, 2024 | On behalf of Arnold & Smith, PLLC

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

When parents decide to divorce, one of the most difficult decisions they need to make is where the children will reside. In North Carolina, both parents have rights and responsibilities when it comes to their children. Generally, children reside primarily with one parent while the other parent has regular visits. Many people wonder whether a child has any say-so as to which parent they will live with after the divorce.

How Does a Judge Decide Where a Child Should Live?

What is Walkaway Wife Syndrome?

Published on: March 27, 2024 | On behalf of Arnold & Smith, PLLC

What is Walkaway Wife Syndrome?

Most times, when a marriage begins to deteriorate, both people are aware of the situation and may take steps to save their union. Sometimes, however, this does not happen. In some cases, one party, often the wife, decides to leave the marriage without even discussing it with her partner. Statistically, the wife is more often the one to initiate divorce. Relationship experts call this phenomenon the “walkaway wife syndrome.”

What is Walkaway Wife Syndrome?

What is the Process to Modify a Child Support Order in North Carolina?

Published on: March 13, 2024 | On behalf of Arnold & Smith, PLLC

What is the Process to Modify a Child Support Order in North Carolina?

Both parents are required to provide for their children. Generally, when parents divorce, a child resides primarily with one parent and has regular visits with the other parent. The non-custodial parent typically pays child support, which is money provided for their portion of the care of the child. Once a parent is required by court order to pay child support, the only way to change it is through child support modification.

When Can a Parent Ask for Modification of Child Support?

What to Know About Divorce in North Carolina

Published on: March 6, 2024 | On behalf of Arnold & Smith, PLLC

What to Know About Divorce in North Carolina

When you get married you never think you will get a divorce. Yet, sometimes divorce happens. If you and your spouse are no longer able to remain together, you will need to consider ending your union. There is some basic information that you need to know as you begin the divorce process. An experienced divorce attorney will help you through the process and provide you the guidance you need to get through this stressful time.

A Couple Must Live Apart for a Year

Remarriage and Child Support in North Carolina

Published on: February 28, 2024 | On behalf of Arnold & Smith, PLLC

Remarriage and Child Support in North Carolina

When parents divorce, the children often reside primarily with one parent while the other parent has regular visitation. This arrangement is common because although both parents are allowed to make legal decisions for their children, it usually makes more sense for a child to live with one parent most of the time. The non-custodial parent typically pays child support. As divorced parents move on with their lives, they are likely to date and eventually remarry. Many people wonder how remarriage impacts child support in North Carolina.

Child Support Orders

Types of Marital Contracts

Published on: February 21, 2024 | On behalf of Arnold & Smith, PLLC

Types of Marital Contracts

Whether you are planning your marriage or have made the decision to separate and divorce, you need to put the terms into a formal agreement. Marital agreements are contracts between a married couple. In North Carolina, there are four main types of marital agreements or contracts. These include prenuptial, postnuptial, separation, and settlement agreements. Each type of agreement has a specific use and is best made with help from a knowledgeable family law attorney.

Prenuptial Agreement

Child Abandonment in North Carolina

Published on: February 14, 2024 | On behalf of Arnold & Smith, PLLC

Child Abandonment in North Carolina

About 18.3 million children are living in families without their fathers, according to the U.S. Census Bureau. That equates to about one in four children in the United States. Most often, it is a father who abandons a child, but a child could also be abandoned by a mother. Abandonment can occur in cases where parents are married, separated, divorced, or unmarried.

What is Child Abandonment?

What is a Financial Disclosure in a North Carolina Divorce?

Published on: February 7, 2024 | On behalf of Arnold & Smith, PLLC

What is a Financial Disclosure in a North Carolina Divorce?

When a couple decides to end their marriage, they begin the divorce process. In North Carolina, a couple must live apart for at least a year before they may seek a no-fault divorce. A no-fault divorce is based on the fact that both parties agree that the marriage is over and cannot be saved. The next step is for couples to divide their assets and debts in a fair and equitable manner. Marital property is property that the couple has obtained during their marriage.

Financial Disclosure of Assets and Debts

What You Need to Know About Marital Property in North Carolina

Published on: January 31, 2024 | On behalf of Arnold & Smith, PLLC

What You Need to Know About Marital Property in North Carolina

North Carolina is a no-fault divorce state. This means that a couple may seek to end their marriage due to irreconcilable differences. A no-fault divorce is easier and less complicated than divorces that require grounds. While a no-fault divorce is likely less difficult, couples must still work to properly divide their property as well as their assets. North Carolina laws provide that couples divide marital property in an equitable manner when they divorce.

What is Marital Property?