marital misconduct

How Does Marital Misconduct Affect Divorce?

Published on: March 15, 2023 | On behalf of Arnold & Smith, PLLC

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?

Alimony FAQ

Published on: November 23, 2022 | On behalf of Arnold & Smith, PLLC

Alimony FAQ

When you and your spouse divorce, one partner may need to pay money to the other for living costs and other expenses. The word alimony originates from the Latin word “alimonia” which means sustenance or nourishment. In North Carolina, alimony is also called spousal support. When couples divorce, alimony may or may not be appropriate. There are many questions people have regarding spousal support. An experienced North Carolina divorce attorney will help you through the process and answer your questions about alimony.

What are the Different Kinds of Alimony?

What is Spousal Abandonment?

Published on: April 6, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

The decision to end your marriage is one that most couples take seriously. It can take some time to work through disputes and ultimately determine that it is best to seek a divorce. For most couples, the decision is a mutual one. Sometimes, however, one spouse leaves the other behind. When that happens, you may want to obtain a divorce but are unsure of how to go about ending the union. Spousal abandonment is a circumstance that may allow you to get a divorce. To file for absolute divorce in North Carolina, a couple must be separated for a period of at least one year.

How Do Courts Determine Alimony in North Carolina?

Published on: August 18, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

Throughout the course of human history, risk assessment has always been something ingrained within us. We look at our options before making choices, and we evaluate the potential consequences of those options. For many of us, the choice to get married is the end result of lots of thinking and planning for the future. However, even marriages that start with the best of intentions can sometimes turn toward divorce.

Can Spouses Reconcile After Separation in North Carolina?

Published on: March 17, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

It is not uncommon for spouses who become “legally separated” to reconcile instead of filing for divorce. Under North Carolina law, a couple must be separated for one year and a day before they can seek a divorce.

Does Cheating Affect Alimony in North Carolina Divorces?

Published on: December 23, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

When a marriage ends because one of the spouses cheated, the parties may wonder how adultery affects alimony in their North Carolina divorce. Is the spouse who had an extramarital affair entitled to alimony? Will the paying spouse be ordered to pay more alimony because they cheated on their partner during the marriage?

How can You Avoid an Alimony Award in North Carolina?

Published on: November 25, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

If your marriage is headed for divorce, there is little you can do to avoid an alimony award. However, judges in North Carolina do not automatically order alimony in every divorce case.

Divorce Rates Have Spiked in Charlotte Amid the COVID-19 Pandemic

Published on: October 7, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

Apparently, the COVID-19 pandemic and its stay-at-home orders throughout the country have wreaked havoc on marriages. Or at least that is what a new analysis of court filings in Charlotte, North Carolina, shows.

Spying on Your Spouse During a Divorce: Can it Help or Hurt Your Case in North Carolina?

Published on: September 16, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

While marriage counselors almost unanimously agree that trust issues can destroy a relationship, many married individuals cannot simply overcome mistrust. When trust issues enter the picture, a spouse may begin spying on his or her partner.

How Will Divorce Affect Your Green Card and Immigration Status in North Carolina?

Published on: September 9, 2020 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

If you are a foreigner married to a citizen of the United States, you may wonder whether divorce would affect your immigration status or green card. Will your North Carolina divorce affect your green card? The answer is, “It probably will,” but it is advised to consult with an experienced family law attorney to discuss your unique situation.