Divorce

Divorce Rate Ticks Up As Economy Improves

Published on: January 28, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

Though marriage vows specify that a couple’s commitment is intended to last through good times and bad, richer and poorer, new numbers indicate that as the economy continues to improve many couples may decide to throw in the towel and leave their unhappy relationships.

According to recent numbers published by the Population Research and Policy Review, the number of divorces decreased dramatically during the worst of the recession. However, the numbers have begun to rise again. Between 2009 and 2011, data shows that around 150,000 fewer divorces took place than otherwise would have been expected.

Some groups noted this drop in divorce rate was a kind of silver lining to the recent recession. They attributed the decline to the fact that families undergoing financial stress had drawn closer together, with husbands and wives increasingly relying on one another given the tough times.

While this may have been true for some, many others simply put off their divorce until they were able to afford it. Now that the economy has begun to recover, families that were afraid of the financial stress might now feel more comfortable with the thought of splitting up. Researchers say the same thing happened during the 1930s, when the divorce rate dropped dramatically and later recovered as the economy improved. Surveys showed that people were no happier in their marriages; they just feared the uncertainty that divorce might bring.

Captain And Tennille Announcement Proves That Love Won’t Keep Them Together

Published on: January 23, 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?”

For those of a certain era, the divorce of Toni Tennille and her husband, Daryl Dragon, will come as sad news. The duo are known better by their stage names, Captain and Tennille, and recorded some big hits from the 1970s including “Love Will Keep Us Together” and “Muskrat Love.”

The couple announced their divorce on their website, saying that even after 40 years together, feelings began to change and evolve and it no longer felt right to remain together. Though the announcement felt like the decision was mutual, Dragon has since spoken to a reporter who he told that he still doesn’t understand the reason for the divorce and is trying to get to the bottom of his wife’s unhappiness. While the divorce is ongoing the two will remain together under the same roof.

Reporters who have analyzed the divorce filings are speculating that health issues may have something to do with the divorce given an odd mention of health insurance in the petition for divorce. It was announced back in 2010 that Dragon was diagnosed with a degenerative neurological disorder that is similar to Parkinson’s and which leads to extreme tremors. Many wonder whether the strain of the health problems or the expense of the health insurance may have played a role in the divorce, though neither Dragon nor Tennille would comment.

Murder/Suicide In Florida Linked To Messy Divorce

Published on: January 16, 2014 | On behalf of Arnold & Smith, PLLC

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

A tragic divorce out of Florida turned deadly this past week when police got a call from a frantic father that his wife and two teenage children were dead. An investigation has since revealed that Jennifer Berman killed herself along with her 16-year-old son and 15-year-old daughter.

Investigators say that things began on Monday morning when Richard Berman received an email from his ex-wife saying that she felt like harming herself or other family members. Richard got in his car and drove over to his wife’s home and was devastated to discover that his family was already dead.

Initially, officers say they interviewed Richard and quickly ruled him out as a suspect. Additional investigation centered on Jennifer, with police concluding she was responsible for the deaths of the children and her own suicide. Police then set out to uncover a possible motivation for the murder/suicide and believe that the stress of the divorce, especially financial, may have played a part.

Richard and Jennifer officially divorced in December after a long and tense separation. The two were still listed as owners on the house where Jenifer and the children were found. Records show the property has been in foreclosure since 2010. In addition to the stress of the home, officials say Jennifer was financially devastated by the divorce and was struggling to pay the bills.

Annoying Misconceptions About North Carolina Divorce

Published on: January 14, 2014 | On behalf of Arnold & Smith, PLLC

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

Divorce can be painful or it can be a tremendous relief, sometimes it can even be both at the same time. Given how emotional the divorce process is, it’s no surprise that people react in very different ways. That’s because divorce is an incredibly personal process. Having friends or family offer what they think are helpful bits of advice can actually lead to even more frustration, as outsiders attempt to generalize the specifics of your marriage.

A recent article in The Huffington Post discusses one woman’s perspective on her divorce and lists some of the most irritating pieces of advice she was given by friends and family members. Though they may have been meant to be helpful, the author of the piece explains that they were often maddening and perpetuated wrongheaded views of divorce.

One of the first irritating bits of advice listed in the article is that it is normal for divorce to be adversarial. Though this idea has become conventional wisdom, the author of the piece explains that it is simply not true for all couples. Though divorce can often be stressful, couples are frequently able to put their hurt feelings aside for the good of their children and behave like the adults that they are. Assuming that divorce will always devolve into a war often is a self-fulfilling prophecy and should be avoided at all costs.

Another bit of advice that got under the author’s skin was that when people say that broken marriages, like other things, should simply be fixed. The problem with this overused line is that it oversimplifies the complexities of marriage. Relationships are not broken down water heaters that can simply be repaired with a bit of hard work. Divorce should not be viewed as the easy way out, it is a very difficult process for most everyone and requires a lot of strength to make the decision to leave a bad marriage. Just because you chose to leave your marriage does not make you a quitter.

Texas Surgeon Facing Charges After Electronically Spying On Wife

Published on: January 9, 2014 | On behalf of Arnold & Smith, PLLC

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

A prominent surgeon at the M.D. Anderson Cancer Center in Houston, TX is in hot water after being accused of working with an IT specialist to electronically monitor his wife while the two were going through a bitter divorce.
Back in 2011, authorities claim that Dr. Steven Curley began working with a hospital IT specialist to install spyware programs on his former’s wife’s computer. The software that was installed on the woman’s computer is called eBlaster and is available for only $99. The program works by recording keystrokes to capture emails, passwords, web searches and Internet history.

The wife began suspecting that she was being monitored after the divorce was over and took her concerns to authorities. Investigators slowly built a case and a grand jury was empaneled to consider the matter. Ultimately, Dr. Curley and the IT analyst, Hank Lehmann, were both arrested on felony charges.

Since the charges were filed, Dr. Curley has left M.D Anderson and has moved to Baylor College of Medicine where he now serves as chief of surgical oncology. Dr. Curley’s attorney says that his client wants to fight the charges, but is afraid that media attention surrounding the accusations will harm his career.

Divorce Based On Improper Pea-Eating

Published on: January 2, 2014 | On behalf of Arnold & Smith, PLLC

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

Anyone who has been married or even in a long-term relationship knows that some things your significant other does can be irritating. Whether it’s snoring or taking too long to get ready, small habits can overtime become less quirky and more obnoxious. Though these pesky traits might boil over into arguments, they are seldom the cause of divorce. However, a couple in Kuwait say that their divorce is moving forward precisely because of such an annoying behavior.

So what’s the offending conduct that justifies divorce? According to Al Arabiya News, the problem has to do with the way one husband eats his peas. The report indicates that the Kuwaiti couple was only married a short time, less than a week in fact, before the trouble arose. The wife said that she had no idea that her husband ate peas in such an unusual way and that she could not tolerate a lifetime of coping with the offensive conduct.

Charlotte Man Sues Ex-Wife’s Lover And Website Operator After Affair Ruined His Marriage

Published on: December 26, 2013 | On behalf of Arnold & Smith, PLLC

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

A man from Charlotte, North Carolina has filed suit against a website and a man, blaming both for the demise of his 13-year marriage. The lawsuit might sound like a strange one, after all, most affairs simply lead to hurt feelings and possibly divorce, not a civil case. However, unlike most states, North Carolina law permits wronged spouses to sue in civil court for the demise of their marriage, an attempt to financially punish wrongdoers.

The unusual approach is based on a North Carolina law that allows for lawsuits based on alienation of affection. These laws exist so that when a marriage fails due to the behavior of someone other than the husband and wife, the innocent spouse can sue, attempting to inflict financial pain on the philanderer.

North Carolina is one of only a half dozen states with such laws on the books. Several times now judges and legislators have attempted to repeal the state’s law, but with no real success. Instead, there has actually been an increase in alienation of affection lawsuits in recent years, with several multimillion-dollar verdicts.

In this case, Robert Schindler sued AshleyMadison.com and his ex-wife’s new husband, Chay Montemayor, claiming that both conspired to seduce Schindler’s wife into leaving their marriage. Schindler says that back in 2007, his wife met Montemayor (who was also married at the time) on AshleyMadison.com, a website that refers to itself as “the most recognized name in infidelity.” The two began an affair and ultimately divorced their respective spouses, marrying each other last year.

Utah Legislator Proposes Mandatory Course Before Filing For Divorce :: Charlotte Family Law Attorney

Published on: December 19, 2013 | On behalf of Arnold & Smith, PLLC

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

A legislator from Utah has proposed a new bill that would further stiffen already strict requirements for divorce in the state. The new measure would make it mandatory for couples seeking to divorce to complete a course about alternatives to divorce. Experts say the new legislation, if approved, would toughen what are already some of the strictest rules for divorce in the country.

Already Utah law says that parents must first take an hour-long class about the impact of divorce on children before their case can move forward. Also, Utah residents have to wait 90 days for legal separation to be finalized before filing for divorce. The 90-day wait is meant to provide cooling off time so couples have a chance to reconsider before a split.

Under the new proposal, the person filing for divorce would be forced to attend a class before the petition for divorce could be considered by a family court judge. The law applies to all those couples with a child under the age of 18. The rule would also mandate the other partner take the same class within 30 days of the divorce petition being filed.

The bill’s sponsor, Jim Nielson, says that victims of domestic violence would be exempted from taking the course, however, the exemption would only apply if proof could be offered demonstrating the abuse. That means that the victim would need to produce a protective order, a letter from a domestic violence shelter or a police report alleging violence. Without such evidence the victims would be required to sit through the mandatory counseling session.

Oklahoma Tries And Fails To Halt Rise In Divorce Rate :: Charlotte Mecklenburg Divorce Lawyer

Published on: December 17, 2013 | On behalf of Arnold & Smith, PLLC

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

Many states have experimented with ways to shore up family units. Some have considered schemes to lengthen the amount of time couples must be separated before divorces will be approved by a judge. Others have mandated counseling sessions or parenting courses. In Oklahoma, the state did more than just pass laws; it spent more than $70 million trying to lower its divorce rate, something that appears to have done little or nothing to lower the rate.

New numbers released by the Census Bureau show that 13.5 percent of adults in Oklahoma filed for divorce in 2012, up from 11.6 percent in 2000. The rate is substantial and ranks Oklahoma’s among the highest divorce rates in the nation. The trouble is that this rate was reached despite nearly 14 years and $70 million spent by the government trying to fight divorce.

Back in 1999, Oklahoma created the Marriage Initiative, funded largely by federal welfare money. The organization offers counseling and workshops for couples in nearly every stage of a relationship, from those who are simply dating to those considering divorce. Estimates say that around 10 percent of the state’s adults have participated in workshops put on by the Marriage Initiative, something that appears to have done little to prevent the demise of relationships.

The results indicate that other states such as Texas, Georgia and even North Carolina where legislators are considering plans to make divorce more difficult to obtain should reconsider. These stalling techniques not only have not been shown to help, they might actually make things worse.

Ashton And Demi Finally Announce Divorce :: Celebrity Divorce

Published on: December 10, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

A recent Yahoo article discussed how Ashton Kutcher and Demi Moore finally formalized their divorce, more than two years after first announcing their separation. To many people the lengthy wait would feel like an eternity, but as with most things, Hollywood couples appear to operate differently.

Though North Carolina couples can expect to have a relatively straightforward divorce dispensed with in a matter of months, not years, experts say that in Hollywood such a long time is not unusual, in fact, it’s almost commonplace. Alec Baldwin and Kim Basinger spent more than two years battling each other. Heather Mills and Paul McCartney took two years or so fighting over their millions. Even Kim Kardashian and Kris Humphries, a couple that was only married for a few months, spent a year and a half divorcing.

So what’s the reason for all the time spent fighting? Family law experts say that it typically boils down to one of two issues: money or anger. In the case of Demi and Ashton, both appeared to be factors, which explains the time it took to finally hammer out a settlement agreement.

Those close to the case say that Demi was hoping to get spousal support from Ashton and wanted to wait and see just how much he’d make from his new role on “Two and a Half Men.” Though Ashton is reportedly raking in millions from his sitcom, Demi will not be seeing any of it. The final agreement states that Demi will not receive spousal support, but will instead receive a healthy split of marital assets, including money that Ashton has invested in several tech startups.