Five Common Questions About Divorce in North Carolina
Couples who are considering divorce may be unsure of what to expect. There are many issues to think about, and it can seem daunting. An experienced North Carolina divorce attorney will answer your questions and guide the process to make it easier and as stress-free as possible.
Can We Get a No-Fault Divorce?
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?
Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”
Each year, millions of spouses across the United States seek the services of experienced local divorce attorneys who focus on not only divorce, but various other areas of family law such as child custody and property distribution. While some aspects of family law remain relatively stable over time and throughout different jurisdictions, others are prone to frequent change based on a number of factors.
Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”
Divorce is never easy, but when you have children, divorce can be much more complicated. There are many issues that involve the kids, and parents must work to resolve them as best they can. Of all the many matters that pertain to children in divorce, one of the most important and the most urgent is the issue of where the children will reside. Usually, children will remain with one parent while parents work out the divorce. This is generally an acceptable solution for the short-term. However, there are some instances in which a parent may want to make sure that they obtain an immediate custody order. This is called an emergency child custody order or an ex-parte request.
Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”
Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”
Dividing the marital home is one of the most complicated parts of a divorce for two reasons. First, the home is usually the married couple’s most valuable asset. Second, partners may have a hard time splitting the marital residence because of the deep emotional attachment to the home.
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?”
It is never advised to disobey a legally binding and enforceable order issued by a family court in North Carolina. Refusal or failure to follow the court order may cause you to be held in contempt of court.
Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”
The short answer is: no, children cannot simply decide which parent to live with under North Carolina’s family law. However, a child’s preference to live with either parent can be taken into consideration by the court during a child custody case.
Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect who gets custody?”
A partner’s addiction or problem with alcohol or drugs can put a significant strain on your relationship. In fact, addiction issues are one of the most common reasons for divorce. When marriage involves children, either parent’s substance abuse or addiction can have a detrimental effect on children.
Board Certified Family Law Specialist Matt Arnold answers the question: “Can you guarantee I will get the resolution I want?”
If you and your spouse are capable of reasonable negotiations after deciding to end your marriage, mediation may be the best option to help you finalize your divorce faster and avoid a long, expensive, and adversarial trial process in North Carolina.
Charlotte Divorce Lawyer Blog