Divorce

Researchers say parental disapproval of spouses may have genetic component

Published on: July 3, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

If you are worried about the harm a divorce will do to your reputation and the reputation of your family, you are not alone. In fact, you may have something in common with royalty. Literally.

Numerous media outlets are reporting on rumblings emanating from Buckingham Palace, home to Great Britain’s royal family. After a decades-long affair and nine years of marriage, Prince Charles and his wife, Camilla Parker Bowles, appear to be headed towards divorce.

Across the pond, more than half of American marriages end in divorce. Most married Americans don’t have a queen for a mother or mother-in-law and perhaps they should be thankful for that. The Queen, according to reports, called Camilla a “complete disgrace” after Camilla allegedly threatened to spill Louie family secrets if the family didn’t agree to a $350 million divorce settlement.

Queen Elizabeth is said to dislike Camilla’s alleged propensity for drunkenness, and it is believed that her disappointment in Prince Charles and Camilla—whose title is Duchess of Cornwall—have led her to consider passing on the throne to Prince William—Charles’ eldest son—when her reign comes to an end. The Queen is said to be concerned about an issue that affects many married couples: family image.

When it’s over, it’s over: Ex-wife of Dodgers owner learns the hard way

Published on: July 1, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt 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?”

A divorce litigant and her lawyers are learning the hard way that when a case is over, it’s over.

“I’ll get the best lawyer!” Wife Josephine faints after husband Napoleon tells her he is filing for divorce.

The litigant, Jamie McCourt, didn’t think the tax-free $131 million and bevy of luxury homes she received in her 2012 divorce settlement agreement with ex-husband Frank McCourt was enough. She asked a court to set aside the agreement, arguing that her ex-husband undervalued baseball team the Los Angeles Dodgers before selling it for over $2 billion to a consortium that included ex-NBA great Magic Johnson.

Jamie McCourt alleged she was entitled to another $770 million.

Superior Court Judge Scott Gordon rejected Mrs. McCourt’s claims. He wrote that Mrs. McCourt was a “sophisticated individual” who was assisted by a team of lawyers and accountants during her divorce. The language of the settlement agreement made it clear that the McCourts intended to end their divorce case and that the terms of the agreement “were carefully considered and negotiated.”

The agreement also provided that if either side contested the settlement agreement, the contesting party would have to pay the other side’s attorney’s fees. Judge Gordon cited that provision of the agreement in a ruling entered July 1. He ordered Mrs. McCourt to reimburse Mr. McCourt’s lawyers $1.9 million in legal fees. That’s how much Mr. McCourt spent fighting Mrs. McCourt’s challenge to the divorce settlement agreement.

Judge Throws Out Claim To Reopen Divorce Settlement

Published on: June 19, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”

The ex-wife of the former owner of the Los Angeles Dodgers has been ordered to repay her husband nearly $2 million in legal fees after unsuccessfully contesting her original divorce settlement. A Superior Court judge in LA issued the ruling earlier this month after McCourt failed to prove that she had been unfairly shortchanged.

Jamie McCourt sued her husband, Frank McCourt, last year after he sold the Dodgers in 2012 for more than $2 billion. The sale occurred soon after his divorce with Jamie was finalized and his ex-wife felt like she had been duped out of hundreds of millions of dollars.

McCourt argued that her husband fully intended to sell the team at the time their 2010 divorce was finalized. Despite these plans, the husband kept the information to himself, something that she says led her and her legal team to agree to a settlement far less than what she believes she was entitled to.

McCourt ultimately received $131 million as part of the settlement, all of it tax-free. In addition to the cash, Jamie walked away with several luxury homes. Despite the seeming windfall, McCourt believes she should have been given nearly $1 billion, almost 10 times the size of her actual settlement.

DIY Divorce Can Prove A Costly Mistake

Published on: June 17, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does uncontested divorce mean?”

Divorcing without the hassle or expense of attorneys sounds great, right? Much less stress and thousands of dollars in savings, what could be wrong with that? Plenty, at least according to a recent article by CNBC which points out the serious costs associated with DIY divorce.

The article notes that many couples hope to go it alone, believing that handling the matter on their own will save both time and energy. In California, where courts have attempted to make things easier for litigants to handle cases alone, nearly 75 percent of all divorce parties lack lawyers.

While this may sound wonderful, the reality is typically much less rosy. Experts say that in California, the lack of legal advice can lead to incredibly long-lasting divorce cases. What often happens is that people file divorce paperwork on their own, incorrectly believing the process should be quick and simple. The problem is that many don’t know what to do next and the case proceeds to languish for months or even years with minimal action.

The author of the CNBC article pointed out another drawback to DIY divorce: lack of experience can lead to costly and careless mistakes. The case of Marissa York, a realtor from New York, illustrates perfectly how much it can end up costing you to try to handle divorce on your own.

Avoid Divorce’s Impact On Your Career

Published on: June 12, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What children’s expenses are covered by child support?”

Though divorce may not appear to have anything to do with a person’s career, experts say that marriage problems can often bleed over into the workplace, making it hard to separate your personal life from your professional one.

Given the emotion surrounding divorce and the financial and family upheaval it can cause, it isn’t surprising that this can lead to trouble in the office. Coming in late, a lack of energy, loss of focus and outside distractions can all cause temporary setbacks. In some cases, however, these temporary setbacks can turn into long-term trouble and even derail otherwise stable careers.

The problem is that many who are in the midst of marital trouble do not pay sufficient attention to their jobs. Though distraction is understandable given what’s going on, experts say you are far better off to focus your attention on work. Doing so gives you something to occupy your time rather than sad thoughts and gives a purpose to your day. It also can help guarantee financial security, something that many going through a divorce worry about.

The following are some tips laid out by experts to ensure your divorce does not eventually cause harm to your career:

Obesity In Children Linked To Parental Divorce

Published on: June 5, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Do I need an attorney to get a Divorce in North Carolina?”

In a surprising study out of Norway, researchers say they have found a possible link between divorce and childhood obesity. Interestingly, researchers say that the link appears mainly to impact boys, rather than affecting children across the board.

The research began by examining health data from school nurses of more than 1,000 children in third grade. More than 20 percent of those children qualified as either overweight or obese. Though weight problems impacted children of all walks of life, scientists were surprised to see how much divorce correlated with increased weight gain.

Specifically, the study found that children whose parents were divorced were 50 percent more likely to be obese than other kids. Among this group, the kids were 90 percent more likely to be abdominally obese, meaning that the majority of their weight was stored in their midsection, a type of obesity that has been linked to numerous health problems.

The children of divorce were not only more likely to be obese than kids whose parents remained married, but also kids whose parents were never married. Researchers say that even when considering other factors, such as wealth and parental education, the divorce-obesity link held true.

Suicide Interferes With Man’s Divorce

Published on: May 15, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Do I need an attorney to get a Divorce in North Carolina?”

In a tragic case out of New York, one man recently lost a case where he tried to continue a divorce against his former wife who had recently taken her own life. The judge dismissed the matter, saying that prior case law has made clear that once a person dies the divorce case must also come to an end.

The case began back in 2012 when naval reservist Aleida Bordas filed for divorce from her husband of 13 years, David Bordas. Aleida claimed that the marriage was irretrievably broken and that she wanted out of the relationship as a result. The case slowly made its way through the court system until April of last year, when Aleida took her own life.

The suicide took many by surprise and resulted in the winding down of her divorce case, that is, until David realized that Aleida had made some important financial changes just before her death. David argued that these changes were made contrary to the standing order in place in the case that prevented either party from altering the financial status quo. As a result, David asked a judge to keep the divorce case open and undo the changes his former wife had made.

When Are The Worst Times To Divorce? :: Charlotte Divorce Lawyer

Published on: May 13, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”

Though there’s certainly no good time to file for divorce, a recent article discussed some examples of especially bad times to decide to split up. Things such as health insurance, business matters and even emotional concerns can all play a role in deciding when a person finally pulls the trigger and files for a North Carolina divorce. The following are some factors that are worth considering when deciding when to move forward with a divorce.

Health issues

Though it may not occur to everyone, issues involving health insurance can actually be an important consideration to those following for divorce. If you and your spouse are no longer willing to work at improving the marriage you may be ready to get it over with and file. However, if health issues are at play, you might be better off waiting until they’ve been resolved.
Experts say that if a spouse is in the midst of receiving treatment for a health condition and that person does not have his or her own insurance, it may be best to wait until they have either finished treatment or secured a health insurance policy of their own before divorcing. Though you certainly have no obligation to wait, realize that especially for middle-aged couples, securing a new health insurance policy can be an expensive undertaking. Even healthy middle-aged individuals can expect to pay as much as $1,000 a month for a health insurance policy, a financial burden that might cripple someone trying to cover the costs associated with a divorce. Giving the other party a chance to get on their feet might be better than moving forward quickly.

Online Flirting Blamed For French Couple’s Divorce

Published on: May 8, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Does adultery affect my divorce case?”

Everyone knows that the Internet has led to changes in our daily life. Besides the ease of access to information, it’s also allowed many people to more easily meet and talk with others. Though it can be great to make new connections in some cases, it can spell the end of a marriage in others.

A good example of the latter happened recently when a French couple had their divorce finalized after the wife was found to have engaged in online flirtation with men she met on a Belgian dating website. The case surprised many because in France it marks the first time that online dating by itself amounted to sufficient grounds for divorce.

The case involved a 45-year-old mother of three, Nathalie, who cheated on her husband Bruno by flirting with men online. Though Nathalie was clearly caught engaging in online communication, she says that she never actually met any of the men in person, something that she felt meant that her actions could not rise to the level of infidelity.

Margarine Use Tied To Divorce? :: Charlotte Divorce Lawyer Family Law Attorney

Published on: May 6, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does uncontested divorce mean?”

The debate over using margarine or butter has been a heated one for decades, with those on either side marshaling facts about cholesterol, trans fats and flavor to bolster their arguments. A new chart might suggest those in favor of using real butter may be on to something. That’s because data seems to indicate that margarine use may be linked to increased risk of divorce.

A mathematician with a bone to pick over frequently misunderstood studies released a series of what he calls “spurious correlations” to highlight how ridiculous some of these attention-grabbing numbers can be. One such chart showed that there was a link between the declining divorce rate in Maine and the state’s decreased margarine consumption.

The reality is that rather than one factor being causally related to one another, the two are instead simply correlations. The problem is that many people incorrectly believe that because two variable move in a similar direction that they must be related. However, this appearance of relation does not mean that there is any actual connection between the two variables.
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