Divorce

Wisconsin Court Acknowledges Marriage Invalid, But Approves Divorce Award

Published on: October 25, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Unsurprisingly, marriage is seen as a nonnegotiable prerequisite to divorce. A court cannot grant a divorce and divide marital property without an underlying marriage. Though this would seem to make sense, there are instances where though a marriage may not be legally valid, it is recognized by courts as having occurred. We have previously discussed issues surrounding common law marriage, but this post deals with something a little different: the putative marriage doctrine.

Mississippi Supreme Court To Decide Whether Divorce Law Is Constitutional

Published on: October 18, 2017 | On behalf of Arnold & Smith, PLLC

How should I prepare if I intend to file for divorce in the near future?

Advocates for families and, specifically, victims of domestic violence are making their opinions heard in a Mississippi divorce case that will soon be decided by the state Supreme Court. Opponents of the status quo argue that Mississippi’s laws are antiquated and in desperate need of an overhaul. Of particular interest is the state’s lack of a unilateral no-fault divorce option, something that critics say traps spouses in bad relationships for years longer than necessary, holding them hostage to the whims of controlling and potentially abusive partners.

Divorce At Home When Marriage Occurred Overseas

Published on: September 27, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina. Topics discussed include: How to choose a divorce lawyer? How long does a divorce take? How much does a divorce cost? When can a person get an annulment?

With divorce underway and a potentially pricey division of assets looming, people have been known to get creative with legal defenses. Allegations of infidelity, abuse, financial mismanagement, you name it. A British man recently came up with an even more creative reason for why he should hold onto the majority of his money: he claimed he and his wife were never actually married.

Weiner and Abedin’s Divorce Will Not Be Anonymous

Published on: September 20, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

It’s a terrible story that never seems to end. More than six years ago, Anthony Weiner first grabbed headlines due to some inappropriate photographs posted onto his personal Twitter feed. The scandal that followed was enough to cost him his seat in the U.S. House of Representatives. Though many may have hoped that was the last of Anthony Weiner, it now seems like only the beginning. Weiner would later mount a bid for mayor of New York City, come close to winning and then watch as his campaign unraveled over another sexual messaging scandal. Years would pass before yet a third scandal erupted, this time involving a minor. The latest episode (which arguably had an impact on the 2016 presidential election) was finally enough for Huma Abedin, who decided to file for divorce and separate herself from Weiner and his various shenanigans once and for all.

Chicago Judge Tackles Problem of Incarcerated Divorce

Published on: September 13, 2017 | On behalf of Arnold & Smith, PLLC

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

It is something that very few people give much thought to: divorce behind bars. Though it seldom makes it on to most people’s radar, it can present enormous problems. Getting divorced while incarcerated is difficult if not outright impossible in some instances. This can mean that many resign themselves to being trapped in bad marriages or stuck with unresolved custody issues, which can create hopelessness among those already struggling to hold onto dreams of their future.

How to Avoid Tax Trouble During Divorce

Published on: August 2, 2017 | On behalf of Arnold & Smith, PLLC

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.

Careers That Increase Risk of Divorce

Published on: July 26, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

What factors lead to divorce? It could be problems communicating, a lack of money, an abundance of money, disagreements about children, about in-laws, about chores, about infidelity. Working too much or too little is also a common issue in the demise of a relationship. There are too many to name and each divorce involves factors unique to that marriage. That said, it appears that what a person does for a living might be one (of a multitude) of things that can make it more or less likely that he or she eventually divorces.

What’s a bifurcated divorce?

Published on: July 19, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Sometimes divorce can be a bumpy process, everyone knows that. In a divorce, especially where important issues are in contention, there can be a desire by one party or the other to hurry things up, get the process done as quickly as possible and settle the complex issues down the road. Though most people may agree with the sentiment and would relish the opportunity to move on more quickly, it’s rare to take action to try and force it to happen. A messy divorce in Kansas recently took a turn for the worse and led to an unusual request, with the wife asking the court to allow what’s known as a bifurcated divorce.

Jail and divorce

Published on: July 12, 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 through a divorce you understand that interaction with the legal system is a requirement. No matter how agreeable you and your ex might be, a judge will still have to be involved. Someone, maybe not you, but your attorney, will have to set foot in a courtroom. Formal papers will need to be submitted to clerks. Hearings and deadlines and other judicial-related hoops will need to be jumped through. And that’s if things are reasonably cooperative. If you and your ex are at each other’s throats the justice system can become much more invasive.

Equal division of assets may be thing of the past in some UK divorces

Published on: July 5, 2017 | 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?”

Though Brits and Americans diverge when it comes to their love of the Queen and tea, court cases, both criminal or civil, tend to be remarkably similar on either side of the pond. Given that the justice system in the US is based on British common law, this may not come as much of a shock. One area where the two countries have tended to agree concerns divorce, with courts in both countries going about things like division of assets in largely similar ways. A recent court ruling in London may mark the beginning of a divergence, at least as it relates to a certain segment of the population.