Divorce

Massachusetts Legislation Would Outlaw Sex Before Divorce Is Officially Over

Published on: March 20, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “I’m considering separating from my spouse; what actions should I refrain from doing?”

A bill in Massachusetts currently making its way through the legislature is aimed at reducing the instances of funny business between individuals who are in the process of divorcing. Specifically, the legislation would prohibit all sexual contact for divorcing spouses who live at home with their children until the divorce proceedings are finalized.

Even more ridiculous is that the bill says that for a parent to have sex he or she would first have to get a judge to sign an order approving the deed, something that many have said is downright preposterous.

The legislation specifically says that in any divorce or separation where there are children involved, the party remaining in the marital residence “shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved…” The only exception contained in the legislation is for cases where a judge has granted express permission.

The bill was originally introduced by State Senator Richard Ross back in early 2013 and failed to garner the support necessary to pass. This time, Ross says he thinks there is a chance the bill might earn enough support to get signed into law. Though Ross is the official sponsor of the bill, he curiously says he does not personally support it.

How To Avoid A Communication Breakdown With Your Family Law Attorney

Published on: March 18, 2014 | On behalf of Arnold & Smith, PLLC

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

A recent article in the Huffington Post discussed a common complaint that many clients have with their family law attorneys: a lack of communication. The article, written by a divorcee and now paralegal, offers insight into the problem as well as advice on how to ensure you don’t fall into an annoying trap of bad communication with your attorney.

In almost all aspects of life, communication is key. In fact, a breakdown in communication often contributes to many people’s decision to file for divorce in the first place. Given the time, money and stress involved in a divorce, you do not want to make an already tough situation worse by communicating badly with the one person who you’ve hired to help see you through the process.

Communication is critical during the North Carolina divorce process given how many sensitive issues need to be worked out before the divorce can be finalized. When communication breaks down between an attorney and his or her client, it can end up causing frustration on both sides as well as waste serious time and money.

Rather than wait for things to get bad and then having a meltdown over unmet expectations, the author of the Huffington Post piece suggests some proactive conversation with your lawyer from the very beginning to ensure communication lines stay open. To guarantee that you both are on the same page about how much communication is possible and the ways in which it should occur, it is a good idea to discuss communication procedures in your initial meeting with the lawyer.

Catholic Church Grapples With Messy Issue Of Divorce

Published on: March 4, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering 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?”

To the surprise of many, the Pope has come forward and called for the faithful to have sympathy with those in the Catholic Church who have known the pain of divorce. Rather than condemn those whose marriages failed, Pope Francis asked the clergy and Catholics around the world to walk hand-in-hand with those who have felt the pain of failed love.

Pope Francis spoke during a daily mass at the Vatican and called on followers to avoid criticizing those who have gone through a divorce. Instead, followers are asked to remain close to them during their times of need.

The Pope’s remarks come at a sensitive time in the Catholic Church, when many are asking for a reexamination of the church’s position on the issue of divorce. Currently, those who have been divorced and not received an annulment are not allowed to take part in Communion, a holy and integral part of a Catholic service. Though these rules still exist technically, in reality they are rarely enforced at the local parish level.

Many in the Church are looking to Pope Francis to modernize some Catholic dogma, specifically issues relating to remarriage. Should the Pope decide to end the ban on receiving communion, many believe it would lead to broader questions and possible changes to how Catholics view marriage today.

South Carolina Among The Most Difficult States In The Country To Get A Divorce

Published on: February 25, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”

Those residents of North Carolina who find themselves trapped in unhappy relationships should count their lucky stars. Why? Because at least they don’t live in South Carolina.

The problem with South Carolina, at least for those trapped in bad marriages, is that the state is among the hardest to get a divorce in. According to a recent article in the Huffington Post, the total minimum process time for a divorce in South Carolina clocks in at a whopping 450 days. How long is this comparable to other places? Long enough to rank South Carolina as the fourth-slowest state for securing a divorce.

Another report on the subject of divorce ranked South Carolina abysmally with regard to ease of divorce, giving the state only 27 out of 100 points, a score low enough to make it fourth worst. There are several factors that combine to complicate the process of divorce in South Carolina.

Studies Show Divorce Filings Reach Peak In March

Published on: February 20, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can any attorney help me with my family law needs in North Carolina?”

Though no one knows for sure why it happens, experts say that the period between New Year’s and the end of March often sees a noticeable jump in divorce filings. Whether it’s the stress and expense of the holidays, the generally gloomy weather or the forced romance associated with Valentine’s Day, January through March has earned a reputation as the season of divorce.

Beyond mere anecdotal evidence, an analysis by the legal website FindLaw.com found that divorces spike every January, continue to increase in February and finally reach their peak in late March. After March, the divorce rate drops off noticeably.

Beyond those filing for divorce, there’s a similar increase in the number of people searching for divorce-related topics online. FindLaw says that the numbers of searches for phrases like “divorce” or “child custody” jump by more than 50 percent from December to January and continue to gain steam through March.

Some Surprising Facts About Divorce

Published on: February 18, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can you guarantee I will get the resolution I want?”

Everyone knows marriage is a risky proposition. You are handing your heart over to another person in the hope that he or she handles it with care. No one going into the marriage expects to end the relationship in divorce, sadly though, it is something that can happen to even the best couples.

A recent article on TheStir.com explored some surprising statistics regarding divorce that might make some couples seriously reconsider before taking the plunge. Though the facts aren’t meant to discourage true love, they should serve as a warning that marriage is a decision that should not be entered into lightly.

For one thing, the average length of a marriage that ends in divorce is eight years. That means that most couples that are heading for a separation will just be reaching that stage in life where they have begun to acquire assets and settle into their careers. Eight years in, many people have already had a child or two, have purchased a home and have begun setting money aside for their future. Around the same time that things appear to be getting settled is actually when many couples call it quits.

Avoid Some Common Mistakes During A North Carolina Divorce

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

Attorney Matthew R. Arnold answering the question: “When do you get alimony?”

Everyone knows that divorce can be an emotional and exhausting experience. The end of a marriage, dividing up time with your children and splitting assets can bring out the worst in most people. The anger and pain associated with divorce can lead people to make unfortunate decisions that make an already bad situation much worse. The following are some examples of mistakes that North Carolina couples should work hard to avoid.

First things first, don’t use divorce as a way of seeking revenge. Though you might be understandably upset and even feel like the wronged party, using divorce to punish your former spouse is not a good idea. Demanding unnecessary depositions or filing frivolous petitions with your family court judge might make you feel better in the short term, but in the long run it will only succeed in driving up the overall cost of your divorce. If you are angry and hurt, it is a far more constructive use of your time and money to pay a therapist rather than drag out expensive litigation with your ex.

Another mistake that some people make when going through a North Carolina divorce is to overextend themselves financially. Divorce is notoriously costly and when you factor in things like alimony, child support and the costs of running two homes on the same amount of money that used to run only one, things can quickly get exorbitant. Those going through divorce need to be mindful of the costs associated with the process and be especially thoughtful before making financial commitments. Though you might want a flashy new apartment or car, make sure that you don’t enter into such decisions without first carefully examining your budget.

T.O. Gets Dropped By Wife After Only Two Weeks

Published on: February 11, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering 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?”

Former NFL star Terrell Owens has a reputation for being difficult. Former teammates and coaches have long complained about his behavior on and off the field. According to recent reports, his difficult personality may also extend to relationships, with news coming out that his wife of only two weeks is preparing to file for divorce.

Owens married Rachel Snider, a former postal worker from Texas, two weeks ago. Snider, who has a daughter from a previous relationship, has apparently already grown weary of Owens’ antics and is preparing to move out of their home and file paperwork to end the marriage.

According to sources close to the couple, Snider says she has come to believe that Owens only married her because she had good credit. Owens has been struggling publicly with financial problems in recent years, suing his manager last year for millions he says he is owed. Snider claims that because of his financial mess, Owens was unable to get approval for a loan to buy a house. Almost immediately after the marriage was official, Snider claims Owens used her credit to secure the $2 million loan for a house in Sherman Oaks, CA.

Divorce May Become Harder For Those In Kansas

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

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

Bucking a trend that has taken place across the country for more than half a century, one legislator in Kansas is trying to roll back the clock and eliminate the state’s no-fault divorce option. The move to eliminate the no-fault option would return Kansas to the way divorces were handled decades ago, with spouses forced to pin the blame before the divorce would be finalized.

State Rep. Keith Esau says that he is backing the measure in an attempt to make it more difficult for couples to divorce. He says that it’s far too easy for husband and wives to split, simply claiming incompatibility when they tire of staying married. Esau says he believes that divorce should be much harder and that by erecting barriers to divorce, some marriages might be saved in the process.

According to Esau, a no-fault divorce provides an “easy out” for couples and allows them to avoid working at improving their marriage. Since proposing the measure, Esau says his office has been inundated with phone calls from citizens across the state that are unhappy with the proposal. Esau says he’s been shocked to discover how unhappy some people are with his legislation, but claims that he will not change his mind.

Woman Going Through Divorce Says She Wants Her Donated Kidney Back From Ex-Husband

Published on: January 30, 2014 | On behalf of Arnold & Smith, PLLC

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

Everyone knows that divorces can become nasty. Couples who used to be madly in love begin harboring small bitterness, engaging in fights over all kinds of things: the house, dishes, pictures, retirement accounts, etc. One British divorce case takes this kind of squabbling to a new level, with the woman claiming that she’d like to retrieve the kidney she donated to her soon-to-be ex-husband.

The story recently appeared in the Huffington Post, which said that Samantha Lamb, a 41 year-old mother of one young child, donated her kidney to her husband back in 2009. Lamb says that she was willing to do whatever she could to save her husband’s life, even agreeing to lose a large amount of weight prior to the procedure to ensure she was healthy enough to survive the operation. Lamb then underwent a kidney transplant operation, a painful procedure that took months to fully recover from.

Lamb says that after her husband recovered it didn’t take too long for her husband’s appreciation to diminish. Despite saving his life, she says her husband, Andy, had grown unhappy. Lamb says she believes Andy became so unhappy that he might have actually cheated on her, though she doesn’t have definitive proof of the affair.