Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does uncontested divorce mean?”
Though it’s best when both sides know that a split is around the corner, it does happen on occasion that one party feels blindsided by the filing of divorce papers. They may have been happy while their partner was miserable, oblivious to the problems that had been lurking in the marriage. It can be hard to be the spouse who was caught unaware and it can take time to process.
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?
One of the most troublesome aspects of a North Carolina divorce can be the division of property. It’s difficult for a lot of reasons, legally, financially and even emotionally. People can become attached to items of property for sentimental reasons or want to deny them to a spouse out of spite. The division can also be difficult because the parties to the divorce both need money and want to walk away with enough to feel like they’ve gotten a fair shake. Another reason it can be complicated is because the law inserts itself into something very personal: dividing up a couple’s worldly possessions. This kind of intrusion can be very complicated and often lacks finesse. Keep reading to find out about a good example of such a division and the important lesson the story holds for those in the midst of a North Carolina divorce.
Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What are my custody rights if the other parent moves?”
Family law attorneys are used to hearing and seeing it all. The combination of anger, embarrassment and hurt feelings can combine to cause good people to act out in all manner of strange ways. One area that was often a central focus of this acting out concerned custody battles, with the parents engaging in brutal battles to secure more advantageous custody or visitation arrangements. While this is certainly still the case among some couples, a new subject has recently been getting attention: pet custody.
North Carolina State Bar Certified Family Law Specialist Matthew R. Arnold answers the question “How long does getting a divorce take?”
Divorce can be a trying time for a lot of reasons: the emotional pain, worries about your kids, financial stress, etc. Something that many people may not realize, but should pay attention to, is the way that divorce can impact your credit score. When assets are divided during a divorce, most people believe that’s the end of the fight, mistakenly assuming that if the other spouse was ordered to be responsible for a debt then they are free and clear. This is often not the case and can lead to an unsuspecting spouse having a once pristine credit score trashed. To find out more about how divorce can impact your credit score and what to do to prevent that, keep reading.
Charlotte Divorce Attorney Matthew R. 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 Texas man who accused a judge of conspiring with the Baylor University medical system and the doctor who testified in his divorce and child custody case is claiming his free-speech rights protect statements he made online and in telephone calls to the judge.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Are overtime, bonuses, and commissions included in calculating child support?”
Contested divorces, in and of themselves, can be taxing on the hearts of spouses, but nothing seems to tax the minds of parties to a divorce action more than analyzing the potential tax implications of a divorce property settlement.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How will the judge divide our property?”
The Montana Supreme Court has sent a divorce case back to a trial court in Great Falls, Montana, to consider two post-trial motions brought by an ex-wife sick with breast cancer.
The ex-wife—Gail Patton—filed for divorce in March 2011. In September 2013, the District Court in Great Falls determined that the entire martial estate of Gail and her ex-husband Bill was just over one-million dollars.
Gail was awarded $99,296, but the net amount she received from Bill—after attorney’s fees—was $27,000.
The Pattons married in 1998. After their marriage, Gail’s health declined, and her left shoulder atrophied, leaving her with limited mobility. In addition, she suffered from debilitating knee and back pain and was diagnosed with post-traumatic stress disorder. To make matters worse, in May 2013 Gail was diagnosed with breast cancer.
After her diagnosis, Gail filed two motions, arguing that the less-than-ten-percent share she received of the marital estate should be increased to account for her medical bills. The District Court refused to rule on Gail’s motions, and in October 2013, the court adopted the recommendations of a standing master—a judicial official tasked with finding facts in cases and making recommendations to the court—awarding Gail a net total of $27,000.
Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”
A recent article noted that in the world of those eager to hide assets from their spouses, technology is proving to be a helpful ally. Experts say that cutting edge digital currencies are helping spouses hide money from their spouse, leaving little if any traces for investigators or family law courts to discover.
Bitcoin, the largest and most prominent of all digital currencies, is an especially useful tool for those spouses intent on depriving their significant other from their fair share of marital assets. Experts say that they fear in some cases, unscrupulous spouses will work slowly to convert pools of cash into Bitcoin, gradually moving paper assets online and leaving little evidence of the transfer.
To track down money that was changed from cash into Bitcoin would take some experience and technological know how. Though Bitcoin transactions are meant to be anonymous, there would have to be some crumbs left of any transfers. One thing to look for to detect possible cover-ups is transfers from bank accounts. If many transfers are made to online accounts you don’t recognize that could be one indication a spouse is hiding money.
Another thing to watch for is an unusual number of cash withdrawals. If large amounts of cash are routinely taken out and with little justification, it’s possible that a spouse could be stockpiling money to later transfer into Bitcoin or other forms of money that remain outside your reach.
Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”
A man in Indiana dodged a potentially costly bullet last week when a superior court judge ruled that he only needed to turn over a small fraction of his overall lottery winnings. The judge found that Jose Perez could keep the bulk of his $2 million scratch-off winnings due to the prolonged separation between he and his wife during which the money was won.
Perez and his wife, Maria Zepeda, married back in 2002 and only remained together a little over four years, physically (though not legally) separating in 2006. Though the two remained physically apart, maintaining separate residences, separate bank accounts and nearly totally cutting contact, they remained legally married.
Between 2006 and 2011, the two only spoke to one another two or three times in total, appearing by all outside accounts to be separate single adults. Then, in January 2011, Perez won $2 million in the Hoosier Lottery. That scratch-off ticket changed his life and caused him to finally divorce his estranged wife. Only a few months later, the divorce was finalized and Perez thought he was free and clear.
However, Zepeda didn’t take long to hear of the lotto winnings and, after consulting a family law attorney, decided she should stake her claim on some share of the winnings. Initially, Zepeda asked for $1.4 million of the $2 million haul, something the judge found ridiculous.
Attorney Matthew R. Arnold answering the question: “I’m considering separating from my spouse; what actions should I refrain from doing?”
Being married business owners is a fairly common thing in America. According to the U.S. Census Bureau, married couples own more than 3.7 million small businesses. But what happens when the relationship sours? Does the business relationship have to end when the romantic relationship falters?
A recent story by NPR discussed the case of small business-owning couples that go through divorce and come out the other side with the business intact. Though the general rule is that couples either sell the business or one side buys the other out, there are plenty of examples of couples that either chose or were forced to continue operating the company side by and side and have thrived despite their marital rupture.
The case of Rhonda Sanderson and her ex-husband John Amato is one good example. The two had a very unhappy marriage but had always collaborated well at work. When the two divorced, there was the usual hostility at the beginning, but things began to simmer when talk turned to business. The couple decided to continue running the business together rather than liquidate it, a decision that has paid off in the long run.
Experts say that continuing to work with an ex is not something every couple can pull off. When you own a business together you will be forced to work closely together at times and things might become tense. As a result, you need to be able to interact professionally with one another. If you can’t, then it is likely best to consider other options.
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