legally seperated

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?

Can I Date While Separated in North Carolina?

Published on: November 22, 2023 | On behalf of Arnold & Smith, PLLC

Can I Date While Separated in North Carolina?

You and your spouse have decided to end your marriage. Now, you are in the middle of a divorce, and you are wondering whether you can start dating again. This is a common question, and the answer is not always clear. It is helpful to understand the divorce process in North Carolina and how it will impact your social life. An experienced divorce attorney will guide you through the process to make it easier and less stressful.

Separation Before Divorce

Can a Child Choose Which Parent to Live With in a Divorce?

Published on: June 21, 2023 | On behalf of Arnold & Smith, PLLC

Can a Child Choose Which Parent to Live With in a Divorce?

Divorcing while having children can be challenging and stressful, not just for the parents, but also for the kids. Generally, parents share legal custody of their children after divorce. Legal custody allows a parent to make important decisions on behalf of the child. When it comes to physical custody, where the child resides, one parent is typically the primary custodial parent, and the other parent has regular visitation. Parents and courts will decide where children will live after their parents’ divorce, but many wonder whether the child has the option to choose his or her preference.

Child Custody: The Best Interest of the Child

What are the Most Common Divorce Mistakes?

Published on: June 14, 2023 | On behalf of Arnold & Smith, PLLC

What are the Most Common Divorce Mistakes?

Divorce is one of the most difficult and emotionally draining times in your life. When you say “I do,” you do not expect the marriage to end. Yet almost half of all first marriages end in divorce. The decision to divorce starts a process that can be stressful. It can be even harder if you make mistakes along the way. There are some common mistakes that you can avoid to make your divorce easier, faster, and less tense. An experienced divorce attorney will answer your questions and help you through the process.

Failure to Communicate

What Factors Determine Child Support in North Carolina?

Published on: May 31, 2023 | On behalf of Arnold & Smith, PLLC

What Factors Determine Child Support in North Carolina?

When parents’ divorce, they must still care for their children. Generally, parents share legal custody of their children, and they are both able to make important decisions on behalf of their children. Often, children reside with one parent while they have regularly scheduled visits with the other. When a child lives with one parent most of the time, that parent is said to have primary physical custody. The other parent is the non-custodial parent. Usually, the non-custodial parent pays child support for the care of their child.

What is Child Support?

The Engagement is Off – Do I Need to Return the Engagement Ring?

Published on: May 24, 2023 | On behalf of Arnold & Smith, PLLC

The Engagement is Off – Do I Need to Return the Engagement Ring?

The day you get engaged is only eclipsed by your wedding day. Your engagement is the beginning of your new life together and the start of planning for the big day. The engagement ring is one of the most well-known symbols of love in our society. The engagement ring is a way to show that you are betrothed and that you are in a committed relationship. Unfortunately, if you end your engagement, the wedding will not take place. If that happens, do you need to return the engagement ring?

Gift in Contemplation of Marriage

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

Gray Divorce

Published on: October 26, 2022 | On behalf of Arnold & Smith, PLLC

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?”

Divorce rates have been on the decline for the last decade or more. For those that end in divorce, the median length of the first marriage is about 12 years. While the divorce rate on average is going down, the divorce rate among older individuals is actually rising. Baby boomers are continuing to divorce at a higher rate than those who are younger. Baby boomers are those people who were born between 1946 and 1964. If you are ending your marriage, you may want to seek guidance from a knowledgeable divorce attorney.