marital house

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 a Child Choose Which Parent to Live With After a Divorce?

Published on: December 13, 2023 | On behalf of Arnold & Smith, PLLC

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

Divorce can create a difficult situation for families. Generally, parents both have legal custody of their children and can make important decisions regarding their health, education, and more. Typically, a child will reside with one parent and have regular visitation with the other. The parent where the child resides is often called the primary custodial parent. Many parents wonder whether their child is allowed to choose which parent they wish to live with when they get divorced.

Where Will a Child Reside After 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

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

Who Will Keep the Family Home in a Divorce?

Published on: December 29, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

Your home is your place of comfort and it is where you relax and enjoy life. It is also probably the most expensive asset you own, which can make it an area of contention during a divorce. In North Carolina, property is to be distributed in an equitable manner when a marriage dissolves. You cannot simply split the home in half, so what will happen to it once a divorce is finalized? Even couples who are getting along often find that the home causes some disagreement between parties. An experienced divorce attorney in North Carolina can assist you in resolving disputes and help you obtain an equitable settlement distribution.

Can I Lock My Spouse Out of Our House During a North Carolina Divorce?

Published on: May 12, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”