Charlotte Divorce Lawyer Blog

Beware of the Quickie Foreign Divorce

Published on: May 19, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Prior to and during the 1970s, the so-called “Mexican divorce” was having something of a moment. Fed up with the lengthy and expensive divorce process in the United States, couples from the States would pop across the border for a quickie divorce proceeding, without the lengthy waiting periods required in many states. Mexico wasn’t the only country host to many a drive-through divorce proceeding; they became popular in a host of Central American countries, particularly the Dominican Republic, as well as the Caribbean islands.

When dividing property in a divorce, don’t forget about intellectual property

Published on: May 17, 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?”

If you’re preparing for a North Carolina divorce, you likely know to take your house, cars, bank accounts and retirement funds into consideration before dividing assets. These are the kinds of things that everyone thinks about when they think of property. They’re tangible and easy to identify. While it’s crucial that these easier items be accounted for, it’s just as important to remember those more complicated bits of property, including intellectual property, as they can end up being very valuable down the road and can provide important income to fund your future.

Private School Tuition CAN Be Included in Child Support Order If You’re Wealthy Enough

Published on: May 12, 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?”

In a case that is the first of its kind for our courts, the North Carolina Court of Appeals just ruled that a child support order can include private school tuition for families whose gross income exceeds the state’s Child Support Guidelines.

French Lawmakers Consider Speeding Up Divorce

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

Board Certified Family Law Specialist Matt Arnold answers the question: “How does custody work if one parent moves internationally?”

A common complaint from those currently going through or recently emerging from a North Carolina divorce is that the whole process simply takes too long. Meeting with lawyers, filing the necessary documents, dealing with custody, agreeing to a settlement and getting everything finalized can take time, sometimes a long time. The problem of a slow divorce process is apparently not unique to the United States, as French citizens have complained and lawmakers are considering taking action to speed the process along.

Couples Increasingly Open To “Birdnesting” Post-Divorce, But Is It Always A Good Idea?

Published on: May 5, 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?”

A recent article discussed the trend among some couples, celebrity and otherwise, to consider new approaches to co-parenting post-divorce. One such trend, known as “birdnesting”, has been around for years, but appears to be enjoying particular popularity at the moment. Gwyneth Paltrow and her ex-husband Chris Martin do a version of birdnesting, while Anne Dudek, from “Mad Men”, and her ex publicly announced that they would pursue a birdnesting arrangement once their split is final.

Friend Acted as Agent, Did Not Destroy Attorney-Client Privilege in NC Divorce Case

Published on: May 3, 2016 | 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?”

The attorney-client privilege can be an almost sacred right for either party in a divorce proceeding. Knowing that the private communications you have with your attorney about your case stay sacrosanct fosters candor and peace of mind in the relationship you have with the person representing you on such a personal case. This in turn allows your attorney to better prepare for your case. Similarly, the work product privilege protects materials prepared in preparation for litigation. These two immunities protect information from being produced (through documentation or testimony) via discovery from the opposing side. In any given divorce or family law case there can be facts, confidences and strategies that you do not want shared with your (soon-to-be former) spouse’s side and argued against you in court.

There’s No Doubt About It: Gwen Stefani’s Recent Divorce Shows the Power of Settlement Agreements

Published on: April 28, 2016 | On behalf of Arnold & Smith, PLLC

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

Divorce is almost always a difficult, drawn-out event for those not living as celebrities. Of all high-profile divorces, those in Hollywood tend to be especially histrionic. So when a divorce involves one of music’s power couples and a love triangle within the same reality television singing competition, you expect the colors to really fly.

Virginia Supreme Court Decides Cohabitation Rules Apply Equally To Same-Sex Couples

Published on: April 26, 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?”

Courts across the country continue to grapple with last year’s same-sex marriage ruling from the U.S. Supreme Court. Though the decision altered the legal landscape nationwide, the Supreme Court left much of the implementation to the state courts, issuing a very broad decision. It is now up to the lower courts to work through the many challenges that decision will create.

Advice About Going To Court In Your North Carolina Divorce Case

Published on: April 21, 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?”

Going to court can be a scary thing, even when you haven’t done anything wrong. The formal setting, the judge, the lawyers, all of that can lead to stress among those facing a divorce court appearance. People often fear saying or doing the wrong thing and waste unnecessary energy worrying about something that isn’t deserving of the anxiety. To find out some tips for how to conduct yourself in court and hopefully save stress for things that matter, keep reading.

Tennessee Judge Hears International Custody Dispute

Published on: April 19, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How does custody work if one parent moves internationally?”

A federal judge in Knoxville, TN recently found himself grappling with a case unlike any other he had encountered previously. The judge was forced to decide whether an international custody dispute would be decided by an American or Mexican family court. In the end, the judge decided that Mexico ought to resolve the matter, turning the page on one chapter of a more than three-year-old custody fight.