property division in divorce

Protecting Your Personal Assets in a Divorce

Published on: July 15, 2026 | On behalf of Arnold & Smith, PLLC

When a couple decides to divorce, one of the main areas of dispute is often the division of property. In North Carolina, the law states that in a divorce, couples must divide their marital assets in a manner that is fair and equitable. Sometimes, spouses may argue over their assets, particularly those that they owned before they got married. It is helpful to understand the differences between separate and marital assets when dividing your property. Protecting your personal assets is a process that should begin before you get married.

Identify Your Assets

It is essential to understand which assets are yours alone and which are considered marital property. Separate property is generally anything you owned prior to marriage. Document your personal assets with receipts, titles, and photos. In particular, you will want to secure proof of purchase date to show that you bought the asset prior to your date of marriage.

Asset and Property Division in North Carolina Divorce

Published on: January 15, 2025 | On behalf of Arnold & Smith, PLLC

Asset and Property Division in North Carolina Divorce

Going through a divorce is not always easy. It can be one of the most stressful times in your life. As you go through the divorce process, you and your spouse will need to discuss how to divide your property. Finances are often the most divisive part of a divorce. Even amicable splits can turn acrimonious when it comes to asset and property division. A knowledgeable divorce attorney will guide you through the divorce process and help make things easier and less stressful.

Types of Property

Which Spouse is Allowed to Live in the Marital Home During Separation?

Published on: January 8, 2025 | On behalf of Arnold & Smith, PLLC

Which Spouse is Allowed to Live in the Marital Home During Separation?

Owning a home is the American dream. When a couple purchases their own home, it often gives them a sense of peace and joy. It is wonderful to own a home with your spouse, but what happens if you decide to separate and divorce? Many couples wonder which spouse will be able to remain in the home and which will need to move out. It is helpful to understand separation and divorce in North Carolina. An experienced divorce attorney will help guide you through the process.

Separation Requirement

January is Fresh Start Month

Published on: January 1, 2025 | On behalf of Arnold & Smith, PLLC

January is Fresh Start Month

January has long been known as the month of fresh starts. Many people make New Year’s resolutions. These are promises to themselves to make things better in the coming year. Common resolutions include improvements in diet, fitness, and work. Those who are struggling with inadequate marriages may consider divorce. January is one of the most common months for people to separate and divorce. North Carolina has specific laws that you must follow in order to end your marriage. An experienced divorce attorney will help guide you through the process.

What is a No-Fault Divorce?

What to Include in a Prenuptial Agreement

Published on: December 25, 2024 | On behalf of Arnold & Smith, PLLC

What to Include in a Prenuptial Agreement

Nobody likes to think that their marriage is going to end in divorce, especially before they even say their vows. However, the truth is that more than a third of all marriages will result in divorce, so it is best to address the issues ahead of time. You may feel afraid to discuss a prenup with your future spouse, but it can actually be a way to ensure that you reduce the possibility of a contentious divorce.

What is a Prenuptial Agreement?

Five Tips to Make Divorce Easier

Published on: December 4, 2024 | On behalf of Arnold & Smith, PLLC

Five Tips to Make Divorce Easier

The decision to divorce is not always an easy one. When a marriage is no longer happy or healthy, it may be time to end the union. Divorce can be stressful, and in some cases, it can be a lengthy process. There are some things you can do to help make uncoupling easier, faster, and less complicated so you can close that chapter of your life. An experienced family law attorney will help guide the process from start to finish.

Prepare

Separate Property in Divorce in North Carolina

Published on: October 16, 2024 | On behalf of Arnold & Smith, PLLC

Separate Property in Divorce in North Carolina

Going through a divorce can be a daunting experience, both emotionally and financially. One of the most difficult parts of the process can be dividing your assets. In North Carolina, assets are to be distributed in an equal manner between spouses. While that may sound like an easy thing to do, in practice, dividing property can be quite difficult. One of the first things you will need to do is determine which assets are marital and which are considered separate, or nonmarital.

How Assets are Distributed in a Divorce