Charlotte Divorce Lawyer Blog

Younger couples use prenups for different reasons

Published on: November 10, 2016 | On behalf of Arnold & Smith, PLLC

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

Millennials continue to remake various institutions across the country, not the least of which is the institution of marriage. Millennials have already been shown to put off marriage to a much later age than previous generations, preferring to cohabitate rather than take the plunge. A recent study identified another area in which Millennials are different: their interest in prenuptial agreements.

Slayer Statutes: Distributing Trust Funds after Murder-Suicide

Published on: November 8, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.

When Derek Morris was a teenager, he was severely injured in a car wreck and received a large personal injury settlement. The money from that settlement was put into a trust in Derek’s name, with his mother Martha listed as trustee.

Lifestyles and Divorce of the Very, Very, Rich

Published on: November 4, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

Divorce is tough for almost everyone, but the Stephensons are having a particularly long and tumultuous time of it—with an emphasis on long. The multimillionaire founder of private hospital network Cancer Treatment Centers of America and his wife are now in their seventh year of divorce court and have finally reached the trial stage after failing to reach a settlement privately.

Court says herpes is reason enough to divorce

Published on: November 1, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

Everyone knows there are lots of reasons why a marriage might come to an end. Money problems, infidelity, health issues, disagreements about how to raise the kids, career stress, you name it. Though there are lots of causes, most people choose the lower conflict no-fault route when seeking their divorce. Even if a partner cheated on the other, most people filing prefer to avoid the mess of accusing the other party of misdeeds and instead say that the marriage ended due to no one’s fault. Though most people may prefer the quieter approach, some occasionally like to name names.

Is A Religious Deathbed Marriage Valid for Estate Planning Purposes?

Published on: October 25, 2016 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

A bedside marriage ceremony conducted one day before the husband’s death is valid, the North Carolina Court of Appeals ruled this June—even though the couple never obtained a marriage license, and the pastor officiating for the ceremony only intended the rites to be religiously symbolic.

Can your spouse make millions from your wrongful incarceration?

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

Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.

Everyone knows it can be contentious trying to reach a mutually agreeable divorce settlement. The parties often have completely opposite interests and view the divorce division of assets as a zero sum game. Given this competition over finite resources, it isn’t surprising to see couples bickering over even minor assets, making sure in each case that they are getting their fair share.

Can I Sue My Parent for Decades-Old Unpaid Child Support?

Published on: October 18, 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?”

MarketWatch shared a reader query this week from a man named Marc who wanted to know if he could sue his “deadbeat dad” for the decades of unpaid child support his father owed him and his mother. Marc’s father, from whom he has been estranged for the last 15 years, owes child support debt dating all the way back to 1956.

Are juries used in divorce trials?

Published on: October 13, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

For those only passingly familiar with the judicial system, it can be confusing to understand the process of a family law case. You may have heard that everyone has a right to a trial by jury, which would seem to indicate that the same is true when it comes to a divorce. Unfortunately (or fortunately, depending on your perspective), this doesn’t always apply across the board. To learn more about when and where juries can be used in a family law context, keep reading.

The NY/NJ Bombing Suspect Loses Custody Rights, But Child Keeps Name

Published on: October 11, 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?”

At long last, Maria Mena has won in her quest for full custody of the child she had with New York and New Jersey bombing suspect Ahmed Rahami when they were teenagers.

Should I Get a Religious Annulment?

Published on: October 6, 2016 | On behalf of Arnold & Smith, PLLC

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

Note: This blog discusses the procedure and effects of a religious annulment, and how it differs from a legal annulment. Because the Catholic Church is by far the most common institution to provide/necessitate religious annulments, we have limited the discussion in this post to Catholic annulments for simplicity’s sake, but acknowledge that other institutions may have other procedures and views on the issue.