separate property

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?

What Is Equitable Property Division in North Carolina Divorce?

Published on: March 8, 2023 | On behalf of Arnold & Smith, PLLC

What Is Equitable Property Division in North Carolina Divorce?

When a couple marries, they do not expect that they will get divorced. Unfortunately, many marriages end in divorce. Couples must then divide their property and assets. North Carolina law requires that marital property is divided in an equitable manner in a divorce. This is different from some states that allow for equal distribution. Equitable means that both parties will end up with a fair settlement. An experienced divorce attorney will guide the process and will ensure that you receive a fair distribution.

Marital Property

What Happens to the House in a Divorce?

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

What Happens to the House in a Divorce?

Your home is one of your most important assets and likely the most significant. When you get married, you may dream of buying your home together. Your house holds many memories for you and your family. Your children may not know any other place to live beside your marital home. But what happens when you and your spouse divorce? Which one of you will be able to keep the house?

Certainly, there are many issues that you and your spouse need to resolve during the divorce process and distributing assets, including how to handle the home. A knowledgeable divorce attorney will help guide the process to ensure that you reach an equal settlement.

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.

Prepping for Property Division in a North Carolina Divorce

Published on: October 6, 2021 | On behalf of Arnold & Smith, PLLC

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

Although there is a degree of nobility involved in pursuing a minimalist lifestyle that attempts to obtain as little debt and unnecessary living items as possible, the reality is that for many Americans, building wealth and accumulating different types of property is a lifelong goal. When two people decide to get married, this decision often results in the combination of wealth and assets as they forge a path together. When the relationship sours and the couple decides to explore divorce, it can call into question what each spouse’s property ownership will look like in the future.

Distributing Property in a North Carolina Divorce

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

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

In North Carolina, residents take pride in their work. The money they earn in exchange for their time and skill allows them to build capital and make purchases and investments that can greatly enhance their quality of life, as well as that of their families. When couples decide to marry, joining finances allows them to build wealth on a greater scale. However, when these couples elect to file for divorce, questions about this wealth are certain to arise.

What Happens to My Bank Account After Divorce?

Published on: March 20, 2019 | On behalf of Arnold & Smith, PLLC

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

It is not uncommon for couples who get married to have a joint bank account. A joint bank account makes paying for shared expenses easier than having to go through two separate accounts. What happens to the funds in this account, however, in the event that a couple gets divorced? When a couple files for divorce, a judge will need to examine the money in the account to determine if it is joint property or the property of the individual.

What Happens to a Personal Injury Award in Divorce?

Published on: September 19, 2018 | 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?”

When couples are considering, or pursuing a divorce, there is a lot of discussion on the distribution of property between the couple. Is everything split down the middle? Is one spouse entitled to more of the assets than the other? What exactly are the property or assets that need to be divided? The assets and property that people most think of in divorce are homes, cars, and monetary assets. However, for some couples there are other types of property that must be considered. Personal injury settlements can become a contentious point in a divorce. To determine what happens to those settlements, you must first look at the way that property is classified by family law.

Court of Appeals Rules on Distribution of Property in Divorce

Published on: September 12, 2018 | 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?”

Deciding to file for divorce in North Carolina can be difficult. Not only are you dealing with the emotional ramifications that might come along with ending a marriage, but you are also faced with dividing physical property between you and your soon to be ex-spouse. Recently, the North Carolina Court of Appeals ruled on a divorce case with some issues surrounding the division of marital property.

Divorce and division of personal injury awards

Published on: November 15, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

If you have been injured in an accident and made it through the sometimes grueling process of filing, fighting and winning a personal injury lawsuit, you may think that the hard work is done, you won the compensation you deserved and do not need to fear having it taken away. But what if you are embroiled in a divorce? Can the hard-fought personal injury award be confiscated by your soon-to-be-former spouse? To learn more about what happens in the event of a divorce, keep reading.