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.

What does and (doesn’t) happen if your divorce case goes to trial?

Published on: June 28, 2017 | On behalf of Arnold & Smith, PLLC

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

Many people have skewed views of what happens in a courtroom. Television and movies have done a disservice to our understanding of what really goes in when you’re in front of a judge. We expect fireworks, tears, shocking revelations, audible gasps from the jury and if we don’t get it we’re disappointed. The reality is that in the vast (and I mean vast) majority of cases, you’re simply trying to hold people’s attention. Just as one example, discovery obligations and rules of evidence make it unlikely that surprises will occur, both sides usually see any “surprise” coming long before it’s ever presented in court.

Louisiana Legislators Come Together To Ensure Divorce Process Remains Slow

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

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

A routine complaint about divorce is that the process can be a time-consuming one. You have to jump through legal hurdles that take time and cost money, waiting each step of the way for the other side to have time to review and respond. You wait on court dates and on meetings. In some cases, you wait on mediation appointments or settlement negotiations. Bottom line, there’s a lot of waiting.

Do Certain Religions Lead To Higher Divorce Rates?

Published on: April 19, 2017 | 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?”

Religious conservatism is almost always associated with an emphasis on family values, especially the creation of strong and stable marriages. Churches do what they can to encourage congregants to marry wisely and then remain in those marriages until death do they part. Though religion is usually seen as a force that contributes to stable marriage, studies have come back with numbers that don’t always support such a notion. One especially famous study even showed that certain religious traditions have noticeably higher divorce rates than others.

Judge In UK Decides One Man’s Genius Isn’t Enough To Alter Even Split Of Marital Assets

Published on: April 12, 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?”

One of the most contentious issues in a divorce involves dividing a couple’s assets. As the process almost always reveals, people put a lot of stock in their possessions and often view the division, who gets what, as a kind of judgment of their contribution to the relationship. This is why in some cases it matters a great deal to one party whether they walk away with 45, 50 or 55 percent. Though the amount itself may not matter, the idea that their contribution has been appropriately acknowledged does.

Public Outcry Prompts Mississippi Legislator To Backpedal

Published on: March 15, 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?”

It’s been a rough few weeks for a relatively obscure member of Mississippi’s legislature. Andy Gipson was, until earlier this month, seldom on the national news radar. That changed as the state legislature has taken steps to try and address severely antiquated laws surrounding the divorce process. Two different legislators put forward two different measures to try and reform the backwards laws and both were killed before making it to the full chamber by Gipson. His actions resulted in a swift response from critics, with reports indicating that Gipson was deluged in phone calls, emails and social media posts by those who disagreed with his tactics.

What happens if your spouse simply refuses to follow the divorce decree?

Published on: March 8, 2017 | 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?”

Though no divorce is fun, some divorces can become especially nasty. In these cases, one common cause is that one party is opposed to the divorce and wants to try and hold onto the marriage, forcing the other to drag him or her kicking and screaming every step of the way. In other cases, it’s simply that the uncooperative spouse is controlling and used to getting his or her way. A divorce, especially one not on their terms, comes as a shock to the system and it can encourage sometimes horrifying displays of stubbornness.

Indian lawmakers consider tackling unusual problem: instantaneous divorce

Published on: March 1, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

One of the most common complaints about divorce is that the process takes so long. Between waiting periods to file, the slow court process and uncooperative spouses, it can take months or longer for a divorce to make its way through the legal system. As a result, some states have begun to take action to speed things up. Mandatory wait times are being decreased and processes are being streamlined, especially in cases where there are no children. Though increasing speed is important in the U.S., lawmakers in other countries are desperate to slow things down.

Woman forced to move out-of-state to finally secure divorce

Published on: February 22, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I have to be living separately to meet with a lawyer about divorce?”

A common complaint of the divorce process is how long it can take. A runner up? How expensive it is. Though both are legitimate complaints regardless of your location, they’re perhaps especially true for residents of Mississippi. Mississippi has the dubious honor of being one of only two states that does not recognize a right to a no-fault divorce. That means that those couples in Mississippi looking to end their marriages need to prove fault and, if no fault is proven or if his or her spouse won’t cooperate, you could effectively become trapped in your marriage, driving up the time and expense associated with the process.