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 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.
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.
Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”
Mediation and arbitration are two alternative dispute resolution (ADR) methods available in some family law cases in North Carolina. These two forms of ADR allow the parties to settle a dispute without court interference.
Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”
Going through a divorce can be tough. You are ending a relationship and declaring that you wish your legal marriage be terminated. The very nature of a relationship ending can lead to heightened emotions and turmoil during the divorce process. In an effort to avoid contentious divorces, be mindful of your options; there is an alternative to the traditional contentious divorce proceeding. Couples can decide to engage in a collaborative divorce proceeding.
Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.
When you are dealing with a divorce, it can be hard to feel like you are ever fully prepared. Given the complexities of the divorce process and the emotional issues involved, few people can honestly say they’re equipped to face every challenge that comes along. That is why it is so easy for things to fall through the cracks, especially issues that you did not even know to look out for. One example of an important problem to be aware of concerns tax trouble related to the divorce. To learn more about how to avoid creating tax issues for yourself, keep reading.
Board Certified Family Law Specialist Matt Arnold answers the question: “How much does it cost to get divorced, and how does the billing process work?”
Some of the best Olympians on the world stage are children of divorced parents. Michael Phelps, Ryan Locthe, Gabby Douglas, you name ‘em. In each case, their parents had to figure out not only how to navigate the challenges of co-parenting an Olympic athlete, but how to divide up the costs and burdens of Olympic training. Given that Olympic training, with the coaches, the equipment, the travel, can cost tens and even hundreds of thousands of dollars per year, this can be a monumental undertaking. Thankfully, most divorced couples don’t have to worry about paying to get their kids into the Olympics. On a less extreme level, couples do have to consider how to tackle extracurricular expenses. To learn more about how to go about dividing up these extracurricular costs, keep reading.
Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”
Divorce is almost always a difficult, drawn-out event for those not living as celebrities. Of all high-profile divorces, those in Hollywood tend to be especially histrionic. So when a divorce involves one of music’s power couples and a love triangle within the same reality television singing competition, you expect the colors to really fly.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”
The Huffington Post has identified what it describes as “a narrow group of smart, rational and reasonable individuals” who will join the flood of people all over the country starting the New Year by ending their marital relationships. It is, after all, the busiest time of year for divorce lawyers; however, these “smart, rational and reasonable” individuals will not be joining the flood of phone calls to divorce lawyers’ offices.
Diane L. Danois, J.D., says smart people don’t need divorce lawyers. First, she argues, much of family law is form-based, and most of the forms are available online at no cost. Even samples of Separation Agreements, Property Agreements and Custody Agreements can be found online and tailored—by “smart, rational and reasonable” individuals—to fit an individual couple’s needs.
As for property division, Danois says, financial affidavits guide couples through the steps of disclosing and labeling assets and liabilities. Smart people can figure out what martial property is, presumably. The assumption Ms. Danois appears to make, however, is that parties to marital relationships all have sharing, cooperative attitudes. Many people end up in my office, however, because of their spouses’ uncooperative and—at times—abusive and controlling attitudes. They need advocates to stand up for them because they feel intimidated by a spouse and by the legal system.
Of course, uncooperative, controlling, manipulative spouses would likely not fit under Ms. Danois’ definition of “smart, rational and reasonable” individuals, so perhaps the couples in need of divorce lawyers—by asserting the opposite of the premise—are those which feature at least one spouse who is uncooperative, or not “smart.”