Charlotte Divorce Lawyer Blog

The Service (of Process) Issue: Divorce in Military Families

Published on: August 2, 2016 | On behalf of Arnold & Smith, PLLC

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

Divorce can be a complicated affair for any family, but for military families, the matter can be even more complex. It should go without saying that military families in general face unique challenges that civilian families do not; deployment and placement elsewhere on duty means that military parents and their children must grow used to being away from each other for extended periods of time. However, no matter how accustomed to physical separation a military family may grow out of necessity, many are not prepared for the more permanent fissure of divorce.

Dividing legal awards in a North Carolina divorce

Published on: July 26, 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?”

One of the most difficult parts of a divorce can be agreeing to an equitable division of marital property. There are many components of the financial pie that need to be accounted for, including the house, the cars, the bank accounts, retirement funds, stocks, bonds and personal property. Another asset, and potentially a valuable one, that many people may not think of are legal judgments, specifically personal injury awards and settlements. In some cases, these can be worth hundreds of thousands of dollars and represent a sizable share of a couple’s assets. The question is, are these judgments marital property or do they belong to the injured party? To find out more, keep reading.

Paternity in North Carolina

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

Board Certified Family Law Specialist Matt Arnold answers the question: “What rules are there for Father’s Right in NC?”

When it comes to paternity, the law in North Carolina has been designed to favor married couples. Married couples benefit because when a child is born to a married couple, the husband and wife are automatically viewed as being legal parents of the child. This can be a great thing in that it immediately bestows important rights and responsibilities on the couple, saving the hassle of having to establish paternity. The problem is that this can work against some couples, specifically, those where the child born during the marriage is not the biological child of the husband. In these cases, the father will have to fight a rather long battle to have the presumption of paternity reversed. To learn more about paternity and how it can prove problematic in certain custody/child support cases, keep reading.

Different approaches for handling your North Carolina divorce

Published on: July 12, 2016 | On behalf of Arnold & Smith, PLLC

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

Many people view divorce as a one-size-fits-all process. They imagine filing papers and appearing in court and talking to lawyers and taking the stand, all the things that have been shown on television and in movies. The reality is that divorce is as varied as relationships and that each one happens somewhat differently. Though contentious litigation is certainly one approach, it isn’t the only one. To learn more about different ways of handling your divorce, keep reading.

Rhode Island Court Recognizes Common-Law Marriage

Published on: July 5, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I sue someone for breaking up my marriage?”

Many people have heard about common-law marriage, believing incorrectly that if you only live with a person for a certain number of years you can become legally married despite never going through the formal steps. While common-law marriage does exist, it does only under very limited circumstances and only in a small number of states. In fact, these days a variety of legal hurdles have been constructed to ensure that it is very rare for a court to acknowledge the validity of a common-law marriage.

Judge Issues Custody Order Barring Golf Practice

Published on: June 28, 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?”

As anyone who has ever been through a divorce with children knows, custody is almost always the thorniest issue to be resolved. Though it can be difficult to reach agreement with a spouse privately, it is often better to try this rather than hand your case over to a judge to decide. A recent custody decision out of Virginia illustrates this point well, with the judge handing down what many view as a bizarre order which says that the girl at the center of the custody dispute is prohibited from practicing or playing golf.

After Obergefell Part II: Same-Sex Divorce and Child Custody

Published on: June 23, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Note: This is Part II in a series examining the state of legal rights for same-sex married couples, a year after the U.S. Supreme Court recognized their constitutional right to marry. Part 1 can be found here.

Matters of Life and Death: After Obergefell

Published on: June 21, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

As the one-year anniversary to the U.S. Supreme Court’s recognition of same sex marriage has approached, numerous legal issues remain for same-sex families. The massacre in Orlando, Florida in the early hours of June 12 of this year reminds us of just how far LGBT+ equality has come, and how very far it still has to go. This is Part I in a series examining some of the legal issues still confronting same-sex married couples.

One Year After Obergefell, Challenges Remain

Published on: June 16, 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?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

New Jersey Court Says Divorce Not Grounds For Termination

Published on: June 14, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

Going through a divorce can be a difficult time for most people. You’re faced with the dissolution of your marriage, the division of your property and must now move forward and build a new life different from the one you might have long intended to have. Though many aspects of your life will experience change following a divorce, one area that is usually a welcome constant is your job. After all, why should your marital problems impact your employment?