inheritance

Military Divorce FAQ

Published on: December 6, 2023 | On behalf of Arnold & Smith, PLLC

Military Divorce FAQ

The decision to end your marriage is a difficult one, and that holds true whether you are in the military or not. When one or both of you are serving in the military, it can bring up some questions. You may wonder about the steps to divorce and how being in the military will impact your separation and ultimate divorce. Here are answers to some of the most common military divorce questions. If you are considering divorce, you will want to seek legal guidance from an experienced divorce attorney.

Is Military Divorce More Complicated Than Typical Divorces?

What is Spousal Abandonment?

Published on: November 29, 2023 | On behalf of Arnold & Smith, PLLC

What is Spousal Abandonment?

Every state in the country now has no-fault divorce in place. No-fault divorce means that neither party needs to blame the other for the end of their marriage. In North Carolina, spouses may decide to seek a no-fault divorce, but what happens when one spouse abandons the other? If a spouse leaves the marital home and does not intend to return, one partner may have abandoned the other. The partner who is left behind may need to take steps to end the union by seeking a divorce. An experienced North Carolina divorce attorney will assist you through the process from start to finish.

What is Abandonment?

What is a Bifurcated Divorce?

Published on: October 25, 2023 | On behalf of Arnold & Smith, PLLC

What is a Bifurcated Divorce?

Bifurcation is the division of something into two parts. Most people have never heard of a bifurcated divorce until hearing it in relation to celebrity divorces in the news. One of the most famous bifurcated divorces was between Kim Kardashian and Kayne West. A bifurcated divorce allows you to split the division of property and assets from the legal end of your marriage. This option allows you to deal with the divorce settlement issues separately after you are already legally divorced. While it is not often utilized, a couple may opt for a bifurcated divorce in some instances.

Reasons for Bifurcated Divorce

Can You Renegotiate a Prenuptial Agreement?

Published on: October 11, 2023 | On behalf of Arnold & Smith, PLLC

Can You Renegotiate a Prenuptial Agreement?

Not all marriages survive the test of time. While you never get married with the intent to divorce, it is best to prepare. A prenuptial agreement can protect you and your spouse and make life easier in case your union comes to an end. Prenuptial agreements are not just for the wealthy or for celebrities. They are actually useful legal documents that can make uncoupling easier and less stressful for everyone. If you have a prenuptial agreement in place you may wonder whether you can renegotiate it after you are married.

What is a Prenuptial Agreement?

What Should I Do After I Was Served Divorce Papers?

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

What Should I Do After I Was Served Divorce Papers?

When you get served with divorce papers, it can bring up many emotions. No matter how much you have prepared yourself for this moment, you may still feel upset, angry, or stressed out. You suddenly realize that your marriage is indeed coming to an end. While you knew this was coming, you may not know what to do now that you have been served with official divorce papers. An experienced Charlotte divorce attorney will help guide you through the process.

Divorce Summons and Complaint

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

Five Reasons Why You Should Establish Paternity as an Unmarried Father

Published on: April 14, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

A child born during a marriage is automatically considered an heir to both parties of the marriage. However, when a child is born to unmarried parents, the father should establish paternity (the unmarried mother is legally considered the parent).

Do I Need a Postnuptial Agreement?

Published on: January 16, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

You have probably heard of a prenuptial agreement (“prenup”) – an agreement entered into by soon-to-be married couples to protect their assets. Prenuptial agreements are not the only agreements that couples have that can protect their assets. A postnuptial agreement (“postnup”) is entered into after a couple has already gotten married. A postnup can be just as important as a prenup. There are many reasons that a couple might want to enter into a postnuptial agreement.

Reasons to Consider a Prenup Before Marriage

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Prenuptial agreements often have a bad reputation. Marriage is “supposed” to be the union of two people who are in love and want to be married forever. When a prenuptial agreement is discussed, people often think of one spouse who is financially better off protecting his or her money in the event that the marriage ends in divorce. They think that it is a sign that the marriage will not last or be successful. This is not true. A prenuptial agreement (“prenup”) is a contract entered into before marriage that will serve as a guide in the event that a divorce happens. While people do not want to think that their marriage will end someday, it is smart to plan for all contingencies and possibilities.