dividing property

Can an Unmarried Father Get Visitation of His Child?

Published on: September 27, 2023 | On behalf of Arnold & Smith, PLLC

Can an Unmarried Father Get Visitation of His Child?

The societal trends of families in the United States have changed quite a bit over the last 50 years. While families in the mid-1900s were composed mainly of married parents, that is not always the case today. The number of unmarried fathers has doubled over the last half-century. About 1 in 5 children are living with their unmarried mother. This means that unmarried fathers must take steps to seek visitation with their children.

Unfortunately, without a legal order, mothers are not required to allow an unmarried father to spend time with their child. A father should seek a court order to ensure that they get regular visits with their child. Before you can take legal action, you must establish that you are the child’s biological father.

Do I Have to Share My Inheritance in a Divorce?

Published on: September 20, 2023 | On behalf of Arnold & Smith, PLLC

Do I Have to Share My Inheritance in a Divorce?

When you divorce, you know that you will need to share your property and divide it between each of you. While you hoped your marriage would last forever, you are now facing the fact that your union is coming to an end. Both you and your spouse need to abide by the law while also making sure that you each receive the property that you are entitled to from your marriage, including any inheritance. An experienced North Carolina divorce attorney will help guide the process and assist you through a fair uncoupling.

Division of Property in North Carolina

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.

What You Need to Know About Divorce in North Carolina

Published on: December 21, 2022 | On behalf of Arnold & Smith, PLLC

What You Need to Know About Divorce in North Carolina

The divorce rates have been decreasing, but there is still a significant number of marriages that will end. Although divorce is not easy, it may be the best solution for some families. Divorce does not have to be overly stressful. If you can review the many issues that will be part of a divorce settlement, you can prepare for a more amicable resolution. Understanding divorce settlement issues will help you better work through these important issues. A knowledgeable North Carolina divorce attorney will help you navigate the divorce process.

Divorce From Bed and Board

Divorce Rates Have Spiked in Charlotte Amid the COVID-19 Pandemic

Published on: October 7, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

Apparently, the COVID-19 pandemic and its stay-at-home orders throughout the country have wreaked havoc on marriages. Or at least that is what a new analysis of court filings in Charlotte, North Carolina, shows.