Charlotte Divorce Lawyer Blog

Divorce Rate Ticks Up As Economy Improves

Published on: January 28, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

Though marriage vows specify that a couple’s commitment is intended to last through good times and bad, richer and poorer, new numbers indicate that as the economy continues to improve many couples may decide to throw in the towel and leave their unhappy relationships.

According to recent numbers published by the Population Research and Policy Review, the number of divorces decreased dramatically during the worst of the recession. However, the numbers have begun to rise again. Between 2009 and 2011, data shows that around 150,000 fewer divorces took place than otherwise would have been expected.

Some groups noted this drop in divorce rate was a kind of silver lining to the recent recession. They attributed the decline to the fact that families undergoing financial stress had drawn closer together, with husbands and wives increasingly relying on one another given the tough times.

While this may have been true for some, many others simply put off their divorce until they were able to afford it. Now that the economy has begun to recover, families that were afraid of the financial stress might now feel more comfortable with the thought of splitting up. Researchers say the same thing happened during the 1930s, when the divorce rate dropped dramatically and later recovered as the economy improved. Surveys showed that people were no happier in their marriages; they just feared the uncertainty that divorce might bring.

Captain And Tennille Announcement Proves That Love Won’t Keep Them Together

Published on: January 23, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Do I need an attorney to get a Divorce in North Carolina?”

For those of a certain era, the divorce of Toni Tennille and her husband, Daryl Dragon, will come as sad news. The duo are known better by their stage names, Captain and Tennille, and recorded some big hits from the 1970s including “Love Will Keep Us Together” and “Muskrat Love.”

The couple announced their divorce on their website, saying that even after 40 years together, feelings began to change and evolve and it no longer felt right to remain together. Though the announcement felt like the decision was mutual, Dragon has since spoken to a reporter who he told that he still doesn’t understand the reason for the divorce and is trying to get to the bottom of his wife’s unhappiness. While the divorce is ongoing the two will remain together under the same roof.

Reporters who have analyzed the divorce filings are speculating that health issues may have something to do with the divorce given an odd mention of health insurance in the petition for divorce. It was announced back in 2010 that Dragon was diagnosed with a degenerative neurological disorder that is similar to Parkinson’s and which leads to extreme tremors. Many wonder whether the strain of the health problems or the expense of the health insurance may have played a role in the divorce, though neither Dragon nor Tennille would comment.

Murder/Suicide In Florida Linked To Messy Divorce

Published on: January 16, 2014 | On behalf of Arnold & Smith, PLLC

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

A tragic divorce out of Florida turned deadly this past week when police got a call from a frantic father that his wife and two teenage children were dead. An investigation has since revealed that Jennifer Berman killed herself along with her 16-year-old son and 15-year-old daughter.

Investigators say that things began on Monday morning when Richard Berman received an email from his ex-wife saying that she felt like harming herself or other family members. Richard got in his car and drove over to his wife’s home and was devastated to discover that his family was already dead.

Initially, officers say they interviewed Richard and quickly ruled him out as a suspect. Additional investigation centered on Jennifer, with police concluding she was responsible for the deaths of the children and her own suicide. Police then set out to uncover a possible motivation for the murder/suicide and believe that the stress of the divorce, especially financial, may have played a part.

Richard and Jennifer officially divorced in December after a long and tense separation. The two were still listed as owners on the house where Jenifer and the children were found. Records show the property has been in foreclosure since 2010. In addition to the stress of the home, officials say Jennifer was financially devastated by the divorce and was struggling to pay the bills.

Annoying Misconceptions About North Carolina Divorce

Published on: January 14, 2014 | On behalf of Arnold & Smith, PLLC

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

Divorce can be painful or it can be a tremendous relief, sometimes it can even be both at the same time. Given how emotional the divorce process is, it’s no surprise that people react in very different ways. That’s because divorce is an incredibly personal process. Having friends or family offer what they think are helpful bits of advice can actually lead to even more frustration, as outsiders attempt to generalize the specifics of your marriage.

A recent article in The Huffington Post discusses one woman’s perspective on her divorce and lists some of the most irritating pieces of advice she was given by friends and family members. Though they may have been meant to be helpful, the author of the piece explains that they were often maddening and perpetuated wrongheaded views of divorce.

One of the first irritating bits of advice listed in the article is that it is normal for divorce to be adversarial. Though this idea has become conventional wisdom, the author of the piece explains that it is simply not true for all couples. Though divorce can often be stressful, couples are frequently able to put their hurt feelings aside for the good of their children and behave like the adults that they are. Assuming that divorce will always devolve into a war often is a self-fulfilling prophecy and should be avoided at all costs.

Another bit of advice that got under the author’s skin was that when people say that broken marriages, like other things, should simply be fixed. The problem with this overused line is that it oversimplifies the complexities of marriage. Relationships are not broken down water heaters that can simply be repaired with a bit of hard work. Divorce should not be viewed as the easy way out, it is a very difficult process for most everyone and requires a lot of strength to make the decision to leave a bad marriage. Just because you chose to leave your marriage does not make you a quitter.

Texas Surgeon Facing Charges After Electronically Spying On Wife

Published on: January 9, 2014 | On behalf of Arnold & Smith, PLLC

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

A prominent surgeon at the M.D. Anderson Cancer Center in Houston, TX is in hot water after being accused of working with an IT specialist to electronically monitor his wife while the two were going through a bitter divorce.
Back in 2011, authorities claim that Dr. Steven Curley began working with a hospital IT specialist to install spyware programs on his former’s wife’s computer. The software that was installed on the woman’s computer is called eBlaster and is available for only $99. The program works by recording keystrokes to capture emails, passwords, web searches and Internet history.

The wife began suspecting that she was being monitored after the divorce was over and took her concerns to authorities. Investigators slowly built a case and a grand jury was empaneled to consider the matter. Ultimately, Dr. Curley and the IT analyst, Hank Lehmann, were both arrested on felony charges.

Since the charges were filed, Dr. Curley has left M.D Anderson and has moved to Baylor College of Medicine where he now serves as chief of surgical oncology. Dr. Curley’s attorney says that his client wants to fight the charges, but is afraid that media attention surrounding the accusations will harm his career.

Adultery To Blame For Potential Breakup Of Justin Timberlake and Jessica Biel

Published on: January 7, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Does adultery affect my divorce case?”

Infidelity appears to have caused serious problems in the marriage of Jessica Biel and Justin Timberlake. According to several gossip sites the couple are preparing to split after rumors of infidelity surfaced. In addition to the alleged adultery, friends close to the couple are saying that their constant fighting over baby plans have also weighed on the relationship.

According to OK! Magazine, the marriage between the couple has been on the rocks for months now as the two have faced a variety of marital troubles. For one thing, Timberlake’s busy schedule touring around the world has made it difficult for the two to spend any substantial time together. His touring schedule has led Timberlake to put off having children and starting a family, something that Biel has taken issue with. Apparently before the two agreed to tie the knot, Timberlake promised Biel that they would try for a baby in short order. However, touring appears to have taken precedence.

In addition to the hectic professional schedule and disagreements over children, others have said that rumors of infidelity have wreaked havoc with the couple. Though rumors have plagued Timberlake for years, Biel appears to have now had enough. Friends say she has moved out of her home and has gotten an apartment of her own. The decision to live “separate and apart” was designed to lay the groundwork for the eventual divorce.

Divorce Based On Improper Pea-Eating

Published on: January 2, 2014 | On behalf of Arnold & Smith, PLLC

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

Anyone who has been married or even in a long-term relationship knows that some things your significant other does can be irritating. Whether it’s snoring or taking too long to get ready, small habits can overtime become less quirky and more obnoxious. Though these pesky traits might boil over into arguments, they are seldom the cause of divorce. However, a couple in Kuwait say that their divorce is moving forward precisely because of such an annoying behavior.

So what’s the offending conduct that justifies divorce? According to Al Arabiya News, the problem has to do with the way one husband eats his peas. The report indicates that the Kuwaiti couple was only married a short time, less than a week in fact, before the trouble arose. The wife said that she had no idea that her husband ate peas in such an unusual way and that she could not tolerate a lifetime of coping with the offensive conduct.

Utah Man Sues After Son Put Up For Adoption Without Warning

Published on: December 31, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What can I do to gain custody of my child in North Carolina?”

A lawsuit out of Utah has sparked nationwide coverage after a man claims that his son’s biological mother put their child up for adoption without his knowledge. The man has responded by suing the woman, the adoptive parents and the adoption agency for $130 million in federal court, claiming that the decision amounts to kidnapping.

The adoption took place soon after the boy was born, roughly three years ago. The father, Jake Strickland, says that the boy’s biological mother, the adoption agency and the adoptive parents all conspired to conduct a secretive and illegal adoption that deprived him of access to his son.

Strickland met Whitney Demke back in 2009 and the two dated for several months before breaking up prior to the boy’s birth in December 2010. Strickland says he knew about the child and that the two had remained on friendly terms despite the breakup. He says that they had discussed the issue of custody and that both agreed to share custody of the child as he got older. Strickland also says he gave Demke money whenever she needed it and had planned on naming him Jack.

Despite the seemingly positive mood, Demke placed the child up for adoption the day after he was born. Strickland says he was not informed about the adoption until a week after it was over. Days after the revelation, Demke admitted to having planned the adoption for months, deciding that the boy would be better off in the hands of a more stable and financially grounded couple.

Charlotte Man Sues Ex-Wife’s Lover And Website Operator After Affair Ruined His Marriage

Published on: December 26, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Does adultery affect my divorce case?”

A man from Charlotte, North Carolina has filed suit against a website and a man, blaming both for the demise of his 13-year marriage. The lawsuit might sound like a strange one, after all, most affairs simply lead to hurt feelings and possibly divorce, not a civil case. However, unlike most states, North Carolina law permits wronged spouses to sue in civil court for the demise of their marriage, an attempt to financially punish wrongdoers.

The unusual approach is based on a North Carolina law that allows for lawsuits based on alienation of affection. These laws exist so that when a marriage fails due to the behavior of someone other than the husband and wife, the innocent spouse can sue, attempting to inflict financial pain on the philanderer.

North Carolina is one of only a half dozen states with such laws on the books. Several times now judges and legislators have attempted to repeal the state’s law, but with no real success. Instead, there has actually been an increase in alienation of affection lawsuits in recent years, with several multimillion-dollar verdicts.

In this case, Robert Schindler sued AshleyMadison.com and his ex-wife’s new husband, Chay Montemayor, claiming that both conspired to seduce Schindler’s wife into leaving their marriage. Schindler says that back in 2007, his wife met Montemayor (who was also married at the time) on AshleyMadison.com, a website that refers to itself as “the most recognized name in infidelity.” The two began an affair and ultimately divorced their respective spouses, marrying each other last year.

Georgia Man Forced To Pay Former Fiancée Thousands For Failure To Marry :: Mecklenburg Family Law Attorney

Published on: December 24, 2013 | On behalf of Arnold & Smith, PLLC

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

The Georgia Court of Appeals recently affirmed a ruling by a county superior court that ordered Christopher Kelley to pay his former fiancée nearly $50,000 for failing to marry the woman. You read that right; Kelley has been ordered to pay tens of thousands of dollars to Melissa Cooper for failing to follow through with his promise of marriage.

According to court documents, Kelley proposed to Cooper back in 2004, giving her an engagement ring worth more than $10,000. Cooper moved into a new home with Kelley and soon had a child with him. Cooper says Kelley then asked her to quit her job and stay home with the child; something Kelley contends was a mutual decision.

Cooper claims that several years after the proposal she learned that Kelley had been in a long-term relationship with another woman. Cooper confronted Kelley who admitted the affair, but said that he would stop seeing the other woman and again promised to marry Cooper. However, several years later Cooper says she found out Kelley had met someone new and this time was not willing to break things off. Instead, Kelley told Cooper to pack up and leave home, saying he now wanted to live with his new girlfriend.

Not one to take such matters lying down, Cooper hired a lawyer and sued Kelley, claiming that Kelley committed fraud and breached their contract to marry. Kelley fought back, claiming that though he did give Cooper a ring, he never actually used the words, “Will you marry me?” Kelley argued that he never initiated any conversations regarding marriage and was content to live together as boyfriend and girlfriend.