Charlotte Divorce Lawyer Blog

QDRO: The Forgotten Divorce Penalty

Published on: January 24, 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?”

A recent article by Bloomberg dived deep into the world of post-divorce finance. It’s a subject that few people understand and even fewer are interested in learning about. Though dull, it can be quite important, especially when fees start to add up. Specifically, the article discussed a common charge that some in the family law world have dubbed the “divorce penalty”. What is it? A QDRO.

Taxes and spousal support

Published on: January 17, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

A recent article in the Chicago Tribune discussed the sad case of the divorce of the founder of the Cancer Treatment Centers of America. He and his wife have been embroiled in a dispute for more than eight years now and continue to fight about what share of the marital estate his wife is entitled to. The woman is asking for more than $400,000 a month in spousal maintenance, an astronomical sum to most people. One of her arguments supporting such a figure is the idea that taxes take a big bite out of what she’s already received and she needs more to comfortably pay her bills.

Minnesota Court Says Prenuptial Agreements Have Limits

Published on: January 10, 2017 | On behalf of Arnold & Smith, PLLC

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?

Couples use pre and post-nuptial agreements to help create certainty. Divorce, after all, can be a very uncertain process. Costs can increase due to an uncooperative spouse, issues involving custody and visitation may arise or disputes might involve the division of marital assets. You can’t always predict these problems or individual behavior in advance, which is why couples turn to contractual agreements to try and bring clarity from the chaos.

Critics Call On Chinese Courts To Tackle Child Snatching Problem in Custody Disputes

Published on: January 5, 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?”

Custody issues are among the thorniest for couples in the midst of a divorce. Though there can certainly be fights over money and dividing personal property, when it comes to the kids it can be vastly more challenging to reach compromise. This is why family law judges so often intervene in custody disputes, acting as a neutral third party with an eye towards the best interest of the child. Though the system is far from perfect, with parents routinely arguing that one or the other wasn’t treated fairly or should have received more visitation, it generally serves its purpose of looking out for children and fairly allocating custody and visitation among parents.

Pets as property?

Published on: December 29, 2016 | On behalf of Arnold & Smith, PLLC

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

A recent divorce case in Canada dealt with the thorny issue of what to do with a pet after a divorce. The couple in question had three dogs and the wife had asked that she be given custody of all the pets, but requested that the judge grant visitation for 1.5 hours each week to her ex-husband. Though this might seem like a fair compromise, the judge presiding over the case took the opportunity to clearly lay out why he believes courts have no business intervening in such matters.

Until Death Do You Part

Published on: December 22, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

When you make the decision to divorce, you might understandably believe that what once was a lifetime connection to your former spouse gets severed. Though it’s true the nature of your relationship will change in many ways, some official and legal, some not so much, it doesn’t always mean that you’re able to neatly part ways. In some cases, when a former spouse dies you might find yourself embroiled in issues you thought were safely in the past.

Jesse Jackson Jr. Serves Imprisoned Wife with Divorce Papers; Case Proceeds

Published on: December 20, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Of all the things that can cause a marriage to sour, the former Rep. Jesse Jackson Jr.’s 25-year marriage to his wife Sandi Jackson had survived many of the big ones.

Pennsylvania Supreme Court Deals Setback To Grandparents

Published on: December 15, 2016 | 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?”

If you’re a grandparent interested in maintaining a close relationship with your grandchildren, divorce might seem like bad news. Unfortunately, when some couples divorce, the amount of time the grandchildren are able to spend with the grandparents drops. The former son or daughter-in-law may not have an interest in dividing his or her time with the ex’s parents, meaning the opportunity for visits gets cut in half. In cases where the grandparents are estranged from their own child, limited visitation might become nonexistent.

Brad Pitt’s Emergency Request to Seal Records in His Child Custody Case with Angelina Jolie Denied

Published on: December 13, 2016 | 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?”

There is nothing quite like a divorce case to air a couple’s dirty laundry, whether it is on an individual or collective basis for the parties involved. Personal details, financial issues, lascivious allegations—a divorce case has the power to bring all of this to the surface.

Illinois Implements New Rules To Simplify Divorce Process

Published on: December 6, 2016 | 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?”

Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.