Separation

Can GPS Monitoring help Protect North Carolina Domestic Violence Victims?

Published on: January 11, 2010 | On behalf of Arnold & Smith, PLLC

A recent New York Times article discussed a modern trend emerging to protect victims of domestic violence: electronic monitoring of convicted domestic abusers and stalkers.

Over a dozen states are now using Global Positioning System (GPS) technology to keep tabs on those accused of domestic violence. North Carolina has yet to introduce GPS monitoring technology, and according to the University of North Carolina at Chapel Hill School of Government, it also does not appear that the North Carolina legislature will introduce a bill of this nature in the upcoming year. Kentucky is the most recent state to introduce a bill this week that will introduce GPS monitoring as a way to prevent the accused from coming into future contact with their alleged victims.

Colorado’s Electronic Monitoring Resource Center, which gathers the GPS tracking data, reports that about 5,000 domestic abusers are currently being tracked nationwide.

Charlotte, North Carolina Family Law Lawyers and Court Address Confidentiality Provisions

Published on: December 19, 2009 | On behalf of Arnold & Smith, PLLC

It stands to reason that separating and divorcing couples may not want every intimate detail of their marriage, separation and divorce to be a matter of public record.

They will sometimes incorporate confidentiality provisions into their Separation and Property Settlement Agreements. Unfortunately, this may or may not be something that a person involved in a contested issue can control and the Courts may not enforce such provisions. Mecklenburg County Family Court recently addressed this issue in the case of NASCAR chairman Brian France.

The Charlotte Observer and WCNC-TV sought to unseal the France court file. The file was previously sealed by another Mecklenburg County Family Court Judge. The news outlets argued that the file had been wrongly sealed.

“Deadbeat Moms” in Charlotte, North Carolina? What can lawyers do?

Published on: December 11, 2009 | On behalf of Arnold & Smith, PLLC

As we have discussed here before (In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody), more working mothers are losing custody of their children. With these bad economic times, it is reasonable to anticipate that more and more people, moms and dads alike, are falling behind in their child support payments.

The term “Deadbeat Dad” has been in common circulation for years, what about “Deadbeat Mom?”

While the label “Deadbeat” might be fun to throw around about the other parent, especially when a parent is in dire need of the past due child support and is angry, it is my view that most people want to do the right thing and want to take care of their children financially.

For Charlotte Women, Cancer can mean Separation, Divorce and Lawyers

Published on: November 27, 2009 | On behalf of Arnold & Smith, PLLC

Any married couple who has been faced with a life-threatening illness knows that the stress resulting from the diagnosis and subsequent treatment puts the couple at great risk for marital discord. However, a recent study demonstrates that marriages are six times more likely to end in divorce when the spouse affected is the wife.

This study, conducted by researchers specializing in oncology, indicates that female gender is a very strong predictor of partner abandonment in patients who face serious medical diagnoses. Those conducting the study on cancer patients found that about 12% of the patients in the study inevitably separated or divorced. However, with regard to the gender of the patient, the study indicated that 21% of women faced divorce after the diagnosis, as compared to only 3% of men.

Perhaps most unnervingly, the study also demonstrated that when these marriages end in divorce or separation, the patient’s quality of care and quality of life were negatively impacted. Specifically, patients who no longer have spousal support are much more likely to end therapy or become disinterested in trying new cancer treatments.