Charlotte Divorce Lawyer Blog

Not all divorces are forever—Lebron remarries his hometown team

Published on: July 15, 2014 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How can an attorney help me with my Divorce or Separation in North Carolina?”

When Lebron James announced on live television that he was taking his talents to South Beach, he set off a very public and very intense public firestorm. Cleveland Cavaliers fans burned James’ Cavaliers jersey in the street. Some said if he ever wanted to come back, they wouldn’t take him. It looked to be a very messy and very public divorce.

Cleveland Cavaliers owner Dan Gilbert addressed a letter after James’ announcement to “All of Northeast Ohio and Cleveland Cavaliers Supporters” saying Lebron “deserted” Cleveland. He wrote that Lebron’s announcement came after a “several day, narcissistic, self-promotional build-up.” Cavalier fans did not deserve that “kind of cowardly betrayal,” Gilbert said.

Ouch!

LeBron kicked off his Miami campaign during the “Recovery Summer” with an announcement that he planned to bring as many as eight NBA titles back to South Beach. That was oh-so 2010.

The Heat teams led by LeBron were upset by the Dallas Mavericks in the 2011 finals, then won back-to-back titles in 2012 and 2013—true to the form—before being trounced by the San Antonio Spurs in 2014.

New reality show contestants flip the script, skip dating

Published on: July 10, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

Dating, courtship, friendship, getting to know someone—whatever you call it—it’s nothing new. Also not new is the idea that knowing someone comes first, marriage second. Or third, or long after you’ve gotten to know someone and, perhaps, learned to love a person.

Many couples—famously Goldie Hawn and Kurt Russell, formerly Susan Sarandon and Tim Robbins, and don’t forget Branjelina—have carried on years-long love affairs without going through the business of tying the knot. A recent study may show our movie stars reflect our reality: so-called Millennials are marrying later—and less of them are marrying—than each of the previous three generations (described by the Pew Research Center as “Gen X,” “Boomer” and “Silent.” On average, an American woman in the 1950s married at age 20; the average man at age 23. Today the average American woman marries at age 27, the average man at 29.

Some families like the Duggars—stars of TLC’s hit show “19 Kids and Counting”—have adopted and implemented dating rules consistent with their religious faith, by which children of dating age “date with a purpose,” always in the presence of a chaperone, and save kissing, hand-holding, body-on-body hugging and virtually every other form of physical contact for marriage. So far, the Duggar “courtships” have been short, lasting a few months and ending in a proposal to marry, and so far the kids are marrying young.

The Duggars may seem like a throwback to a bygone era, but many observers bemoan the weakening of the institution of marriage, caused perhaps by intergenerational prosperity which has caused both men and women to lose the motivation to marry and have children. Perhaps that is why Jamie Otis had such a hard time finding a man who was ready to commit. She said guys in New York City—where she lives—were just players until they hit their late thirties.

Second time around not sweeter for Pamela Anderson, Rick Salomon

Published on: July 8, 2014 | On behalf of Arnold & Smith, PLLC

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

Unlike the singer in Shalamar’s 1979 hit “Second time around,” Rick Salomon couldn’t make his second marriage to Pamela Anderson “so much better.” Instead, their second marriage appears destined for an ending lacking any Baywatch-esque saving heroics. Anderson filed for divorce from Salomon on July 3.

Anderson and Salomon married the first time around in 2007 in Las Vegas during a 90-minute break between the magic shows Anderson was appearing in at the time. That marriage lasted just two months. Both Anderson and Salomon alleged the marriage had been tainted by fraud.

When an annulment is granted, a marriage is considered, for all intents and purposes, to have never happened. Many annulment cases involve a kind of partner bait-and-switch; one spouse learns the truth about exactly who the other is only after he or she has married. If lies were employed to induce the partner into marrying, those lies can serve as the basis for an annulment.

The reasons underlying the annulment of Anderson’s and Salomon’s first marriage were not made public, however Salomon was no stranger to annulments when he first married Anderson. Former Beverly Hills, 90210 star Shannon Doherty annulled her 2002 marriage to Salomon after just nine months. She married the alleged lothario after just two days of dating.

Researchers say parental disapproval of spouses may have genetic component

Published on: July 3, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

If you are worried about the harm a divorce will do to your reputation and the reputation of your family, you are not alone. In fact, you may have something in common with royalty. Literally.

Numerous media outlets are reporting on rumblings emanating from Buckingham Palace, home to Great Britain’s royal family. After a decades-long affair and nine years of marriage, Prince Charles and his wife, Camilla Parker Bowles, appear to be headed towards divorce.

Across the pond, more than half of American marriages end in divorce. Most married Americans don’t have a queen for a mother or mother-in-law and perhaps they should be thankful for that. The Queen, according to reports, called Camilla a “complete disgrace” after Camilla allegedly threatened to spill Louie family secrets if the family didn’t agree to a $350 million divorce settlement.

Queen Elizabeth is said to dislike Camilla’s alleged propensity for drunkenness, and it is believed that her disappointment in Prince Charles and Camilla—whose title is Duchess of Cornwall—have led her to consider passing on the throne to Prince William—Charles’ eldest son—when her reign comes to an end. The Queen is said to be concerned about an issue that affects many married couples: family image.

When it’s over, it’s over: Ex-wife of Dodgers owner learns the hard way

Published on: July 1, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

A divorce litigant and her lawyers are learning the hard way that when a case is over, it’s over.

“I’ll get the best lawyer!” Wife Josephine faints after husband Napoleon tells her he is filing for divorce.

The litigant, Jamie McCourt, didn’t think the tax-free $131 million and bevy of luxury homes she received in her 2012 divorce settlement agreement with ex-husband Frank McCourt was enough. She asked a court to set aside the agreement, arguing that her ex-husband undervalued baseball team the Los Angeles Dodgers before selling it for over $2 billion to a consortium that included ex-NBA great Magic Johnson.

Jamie McCourt alleged she was entitled to another $770 million.

Superior Court Judge Scott Gordon rejected Mrs. McCourt’s claims. He wrote that Mrs. McCourt was a “sophisticated individual” who was assisted by a team of lawyers and accountants during her divorce. The language of the settlement agreement made it clear that the McCourts intended to end their divorce case and that the terms of the agreement “were carefully considered and negotiated.”

The agreement also provided that if either side contested the settlement agreement, the contesting party would have to pay the other side’s attorney’s fees. Judge Gordon cited that provision of the agreement in a ruling entered July 1. He ordered Mrs. McCourt to reimburse Mr. McCourt’s lawyers $1.9 million in legal fees. That’s how much Mr. McCourt spent fighting Mrs. McCourt’s challenge to the divorce settlement agreement.

Real Housewife Learns Valuable Lesson About Prenuptial Agreements

Published on: June 24, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “When do you get alimony?”

Real Housewife of Atlanta Kandi Burruss says that she learned a very valuable lesson about the importance of properly planning prior to marriage thanks to watching the dissolution of another reality TV star’s happy home. Burruss says that Real Housewives of New York star Bethenny Frankel’s acrimonious split from her ex Jason Hoppy sent a chilling message about the danger of not doing enough planning before getting hitched.

Some have complained about recent episodes of the Atlanta show where Burruss and her fiancé are seen arguing about the provisions in a prenuptial agreement. Burruss has insisted that her fiancé sign the agreement prior to marriage and has taken a lot of flak from viewers who see this as a cold decision.

Burruss says that watching how nasty a divorce can be convinced her of the importance of having a clear prenuptial agreement. She says that should her marriage with her fiancé Todd Tucker fall apart, he would never want to endure the kind of lengthy and hostile fighting that Frankel has engaged in with her ex. By having a prenuptial agreement that clearly spells out what will happen in the event of a divorce, Burruss says much of the mess can be avoided.

One particular provision of the prenuptial agreement received the biggest criticism from viewers. That section concerned a clause that required her fiancé to vacate the marital home within 30 days of either party filing for divorce. Tucker was seen on the show criticizing what he felt like was overly harsh language, saying that he didn’t feel like he should be thrown out on the curb in the event of a split.

Judge Throws Out Claim To Reopen Divorce Settlement

Published on: June 19, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”

The ex-wife of the former owner of the Los Angeles Dodgers has been ordered to repay her husband nearly $2 million in legal fees after unsuccessfully contesting her original divorce settlement. A Superior Court judge in LA issued the ruling earlier this month after McCourt failed to prove that she had been unfairly shortchanged.

Jamie McCourt sued her husband, Frank McCourt, last year after he sold the Dodgers in 2012 for more than $2 billion. The sale occurred soon after his divorce with Jamie was finalized and his ex-wife felt like she had been duped out of hundreds of millions of dollars.

McCourt argued that her husband fully intended to sell the team at the time their 2010 divorce was finalized. Despite these plans, the husband kept the information to himself, something that she says led her and her legal team to agree to a settlement far less than what she believes she was entitled to.

McCourt ultimately received $131 million as part of the settlement, all of it tax-free. In addition to the cash, Jamie walked away with several luxury homes. Despite the seeming windfall, McCourt believes she should have been given nearly $1 billion, almost 10 times the size of her actual settlement.

DIY Divorce Can Prove A Costly Mistake

Published on: June 17, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does uncontested divorce mean?”

Divorcing without the hassle or expense of attorneys sounds great, right? Much less stress and thousands of dollars in savings, what could be wrong with that? Plenty, at least according to a recent article by CNBC which points out the serious costs associated with DIY divorce.

The article notes that many couples hope to go it alone, believing that handling the matter on their own will save both time and energy. In California, where courts have attempted to make things easier for litigants to handle cases alone, nearly 75 percent of all divorce parties lack lawyers.

While this may sound wonderful, the reality is typically much less rosy. Experts say that in California, the lack of legal advice can lead to incredibly long-lasting divorce cases. What often happens is that people file divorce paperwork on their own, incorrectly believing the process should be quick and simple. The problem is that many don’t know what to do next and the case proceeds to languish for months or even years with minimal action.

The author of the CNBC article pointed out another drawback to DIY divorce: lack of experience can lead to costly and careless mistakes. The case of Marissa York, a realtor from New York, illustrates perfectly how much it can end up costing you to try to handle divorce on your own.

Avoid Divorce’s Impact On Your Career

Published on: June 12, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What children’s expenses are covered by child support?”

Though divorce may not appear to have anything to do with a person’s career, experts say that marriage problems can often bleed over into the workplace, making it hard to separate your personal life from your professional one.

Given the emotion surrounding divorce and the financial and family upheaval it can cause, it isn’t surprising that this can lead to trouble in the office. Coming in late, a lack of energy, loss of focus and outside distractions can all cause temporary setbacks. In some cases, however, these temporary setbacks can turn into long-term trouble and even derail otherwise stable careers.

The problem is that many who are in the midst of marital trouble do not pay sufficient attention to their jobs. Though distraction is understandable given what’s going on, experts say you are far better off to focus your attention on work. Doing so gives you something to occupy your time rather than sad thoughts and gives a purpose to your day. It also can help guarantee financial security, something that many going through a divorce worry about.

The following are some tips laid out by experts to ensure your divorce does not eventually cause harm to your career:

Bitcoin Offers New Way For Shady Spouses To Hide Assets

Published on: June 10, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”

A recent article noted that in the world of those eager to hide assets from their spouses, technology is proving to be a helpful ally. Experts say that cutting edge digital currencies are helping spouses hide money from their spouse, leaving little if any traces for investigators or family law courts to discover.

Bitcoin, the largest and most prominent of all digital currencies, is an especially useful tool for those spouses intent on depriving their significant other from their fair share of marital assets. Experts say that they fear in some cases, unscrupulous spouses will work slowly to convert pools of cash into Bitcoin, gradually moving paper assets online and leaving little evidence of the transfer.

To track down money that was changed from cash into Bitcoin would take some experience and technological know how. Though Bitcoin transactions are meant to be anonymous, there would have to be some crumbs left of any transfers. One thing to look for to detect possible cover-ups is transfers from bank accounts. If many transfers are made to online accounts you don’t recognize that could be one indication a spouse is hiding money.

Another thing to watch for is an unusual number of cash withdrawals. If large amounts of cash are routinely taken out and with little justification, it’s possible that a spouse could be stockpiling money to later transfer into Bitcoin or other forms of money that remain outside your reach.