Domestic violence

What is a High-Conflict Divorce?

Published on: July 24, 2024 | On behalf of Arnold & Smith, PLLC

What is a High-Conflict Divorce?

In North Carolina, as in other states, married couples may request a divorce based on irreconcilable differences. No other grounds for divorce generally apply to those who seek to end their marriages in North Carolina. Sometimes, couples are engaged in a contentious divorce. This is also sometimes called a high-conflict divorce. It happens when couples are having more difficulty than usual coming to an agreement regarding the terms of a divorce settlement.

https://youtu.be/j6RI3gGwm8I

What is a Parenting Coordinator?

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

What is a Parenting Coordinator?

Going through a divorce when you have children can cause a number of conflicts to arise between parents. Parents typically need to resolve the major issues concerning their kids, such as primary residence, visitation, and sharing parenting responsibilities. In some cases, parents have difficulty trying to come to an agreement about co-parenting. That is not hard to understand because many parents have different parenting styles and expectations. In these instances, a parenting coordinator may be helpful in resolving parenting conflicts.

What is a Parenting Coordinator?

Understanding Primary and Secondary Custody in North Carolina

Published on: July 10, 2024 | On behalf of Arnold & Smith, PLLC

Understanding Primary and Secondary Custody in North Carolina

When parents divorce, they are both typically allowed to make legal decisions regarding their children. This is called legal custody. Physical custody is a little more complicated. North Carolina does not define joint custody or shared custody. One parent is given primary custody, while the other is given secondary custody. The child resides primarily with one parent, and the other parent has regular visits.

https://youtu.be/sVNdhPd_5I8

What is a 30-Day Waiver Divorce in North Carolina?

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

What is a 30-Day Waiver Divorce in North Carolina?

When you decide to seek a divorce, you must follow the laws of North Carolina. A couple must live apart for a period of at least a year with the intent to end their marriage. Once the year is over, you may proceed with an absolute divorce. An absolute divorce simply means that the marriage will be over and you will be free to move on.

30-Day Waiting Period

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?

What is the Difference Between Joint and Sole Child Custody?

Published on: May 17, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Joint and Sole Child Custody?

When parents’ divorce, they still have the responsibility of raising their children. Divorce can make parenting more challenging. Both parents are still part of their children’s lives and must still provide for them. Both parents generally have legal custody of their children. Legal custody means that you are allowed to make decisions on behalf of your child, such as those regarding education, religion, and medical needs. Parents may have joint or sole physical custody of their child.

Physical Child Custody

How is Spousal Support Determined in North Carolina?

Published on: May 10, 2023 | On behalf of Arnold & Smith, PLLC

How is Spousal Support Determined in North Carolina?

When a couple divorces, they must divide their marital property in half. Each party walks away with half of their assets. In some cases, one spouse needs money from the other for their ongoing living expenses. This money is called spousal support, maintenance, or alimony. Spousal support is not automatic. In order to obtain support, the judge must have evidence to prove that the spouse needs the money. It is helpful to understand how the courts determine spousal support in North Carolina.

Is Spousal Support Necessary?

Asset and Property Division in North Carolina Divorce

Published on: May 3, 2023 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

When a couple divorces, they must review their assets, property, and debts and agree on how they will divide them. This can be a very complex undertaking, especially in marriages that lasted a long time or in a high-asset divorce. Couples need to determine all their assets and decide exactly how to distribute them in an equal and fair manner. A knowledgeable North Carolina divorce attorney will help you through the process.

Types of Property

How Do I Prepare for a Custody Case?

Published on: April 26, 2023 | On behalf of Arnold & Smith, PLLC

How Do I Prepare for a Custody Case?

When parents divorce, they often disagree about some of the fundamental settlement terms. Disputes regarding the children are among the most common arguments between divorcing couples. In North Carolina, both parents often share legal custody of their children. This is called shared parenting or co-parenting. The children typically live primarily with one parent and have regular visits with the other parent. Sometimes, parents cannot agree on child custody. When that happens, it can make the divorce process more difficult and stressful.

Child Custody