Charlotte Divorce Lawyer Blog

Can Change In Circumstances Nullify A Prenup?

Published on: April 12, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

If you’ve ever played Farmville, then you played a part in making Mark Pincus a very rich man (a billionaire, in fact). Though his name might not ring a bell, his products likely do. Mark is the founder of a major videogame company known as Zynga, which is responsible for several big hits. His company has done quite well and Mark is now believed to be worth a little over $1.2 billion.

Pet Custody Gets Another Push

Published on: March 30, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

People often discuss how when divorce happens, children can wind up caught in the middle. It’s true, children are sometimes used as pawns, with one parent attempting to deprive the other of time with the kids as a way of exacting revenge. Parents caught in a terrible struggle can lose sight of the best interests of the children, letting their own hurt feelings cloud their better judgment.

In a rare move, Supreme Court agrees to hear divorce case

Published on: March 22, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

When you think of Supreme Court cases, you typically imagine the big ones, cases like Brown v. Board of Education or Miranda v. Arizona. Though it’s true that the Supremes usually only involve themselves in the bigger disputes, there are times when they choose to wade into more run-of-the-mill matters. A recent case argued before the court illustrates just that and concerns principles of equitable division; more specifically, how pension payments are divided during a divorce.

Public Outcry Prompts Mississippi Legislator To Backpedal

Published on: March 15, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

It’s been a rough few weeks for a relatively obscure member of Mississippi’s legislature. Andy Gipson was, until earlier this month, seldom on the national news radar. That changed as the state legislature has taken steps to try and address severely antiquated laws surrounding the divorce process. Two different legislators put forward two different measures to try and reform the backwards laws and both were killed before making it to the full chamber by Gipson. His actions resulted in a swift response from critics, with reports indicating that Gipson was deluged in phone calls, emails and social media posts by those who disagreed with his tactics.

What happens if your spouse simply refuses to follow the divorce decree?

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

Though no divorce is fun, some divorces can become especially nasty. In these cases, one common cause is that one party is opposed to the divorce and wants to try and hold onto the marriage, forcing the other to drag him or her kicking and screaming every step of the way. In other cases, it’s simply that the uncooperative spouse is controlling and used to getting his or her way. A divorce, especially one not on their terms, comes as a shock to the system and it can encourage sometimes horrifying displays of stubbornness.

Indian lawmakers consider tackling unusual problem: instantaneous divorce

Published on: March 1, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

One of the most common complaints about divorce is that the process takes so long. Between waiting periods to file, the slow court process and uncooperative spouses, it can take months or longer for a divorce to make its way through the legal system. As a result, some states have begun to take action to speed things up. Mandatory wait times are being decreased and processes are being streamlined, especially in cases where there are no children. Though increasing speed is important in the U.S., lawmakers in other countries are desperate to slow things down.

Woman forced to move out-of-state to finally secure divorce

Published on: February 22, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I have to be living separately to meet with a lawyer about divorce?”

A common complaint of the divorce process is how long it can take. A runner up? How expensive it is. Though both are legitimate complaints regardless of your location, they’re perhaps especially true for residents of Mississippi. Mississippi has the dubious honor of being one of only two states that does not recognize a right to a no-fault divorce. That means that those couples in Mississippi looking to end their marriages need to prove fault and, if no fault is proven or if his or her spouse won’t cooperate, you could effectively become trapped in your marriage, driving up the time and expense associated with the process.

Kentucky Supreme Court Refuses To Allow Man To Divorce

Published on: February 14, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Should I delete old posts or censor new posts while going through a divorce?”

When it comes to marriage and divorce, we are used to thinking that people can do as they wish. Thankfully, the government seldom decides to play matchmaker, telling people who to marry or when to divorce. Though this is almost always an issue left up to individuals, there are some very special circumstances where courts (and possibly even state legislatures) decide to get involved, deciding on behalf of others when or if they are allowed to marry or divorce.

Family Court Judge Gets Reprimanded For Discriminating Against Couples With Kids

Published on: February 7, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

Going through a divorce with kids can be incredibly difficult. Divorce is bad enough as it is, but the added stress of worrying how the divorce will impact your kids, the pain of creating new routines, of dividing parenting responsibilities and of creating a visitation arrangement that’s workable, is even harder. Given how difficult divorce with kids already is, it’s certainly not helpful for a judge to actively attempt to make the process even worse. This what appears to have happened recently in Kentucky, where one family court judge was recently reprimanded for treating divorced couples with children differently than those without.

Lawmakers Say Judges Should Consider Pets When Finalizing A Divorce

Published on: January 31, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

We’ve discussed pets and divorce previously and the issue is almost always handled the same way no matter where you are. Though we might consider our pets part of the family, the fact is that the law does not. In fact, in a divorce, courts across the country have long operated under the assumption that pets are no different than any other piece of property. Rather than subjecting the division of the pets to the same kind of best interest test that children enjoy, pets get allocated between the parties like a couch or some old dishes.