Charlotte Divorce Lawyer Blog

Utah Legislator Proposes Mandatory Course Before Filing For Divorce :: Charlotte Family Law Attorney

Published on: December 19, 2013 | On behalf of Arnold & Smith, PLLC

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

A legislator from Utah has proposed a new bill that would further stiffen already strict requirements for divorce in the state. The new measure would make it mandatory for couples seeking to divorce to complete a course about alternatives to divorce. Experts say the new legislation, if approved, would toughen what are already some of the strictest rules for divorce in the country.

Already Utah law says that parents must first take an hour-long class about the impact of divorce on children before their case can move forward. Also, Utah residents have to wait 90 days for legal separation to be finalized before filing for divorce. The 90-day wait is meant to provide cooling off time so couples have a chance to reconsider before a split.

Under the new proposal, the person filing for divorce would be forced to attend a class before the petition for divorce could be considered by a family court judge. The law applies to all those couples with a child under the age of 18. The rule would also mandate the other partner take the same class within 30 days of the divorce petition being filed.

The bill’s sponsor, Jim Nielson, says that victims of domestic violence would be exempted from taking the course, however, the exemption would only apply if proof could be offered demonstrating the abuse. That means that the victim would need to produce a protective order, a letter from a domestic violence shelter or a police report alleging violence. Without such evidence the victims would be required to sit through the mandatory counseling session.

Oklahoma Tries And Fails To Halt Rise In Divorce Rate :: Charlotte Mecklenburg Divorce Lawyer

Published on: December 17, 2013 | On behalf of Arnold & Smith, PLLC

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

Many states have experimented with ways to shore up family units. Some have considered schemes to lengthen the amount of time couples must be separated before divorces will be approved by a judge. Others have mandated counseling sessions or parenting courses. In Oklahoma, the state did more than just pass laws; it spent more than $70 million trying to lower its divorce rate, something that appears to have done little or nothing to lower the rate.

New numbers released by the Census Bureau show that 13.5 percent of adults in Oklahoma filed for divorce in 2012, up from 11.6 percent in 2000. The rate is substantial and ranks Oklahoma’s among the highest divorce rates in the nation. The trouble is that this rate was reached despite nearly 14 years and $70 million spent by the government trying to fight divorce.

Back in 1999, Oklahoma created the Marriage Initiative, funded largely by federal welfare money. The organization offers counseling and workshops for couples in nearly every stage of a relationship, from those who are simply dating to those considering divorce. Estimates say that around 10 percent of the state’s adults have participated in workshops put on by the Marriage Initiative, something that appears to have done little to prevent the demise of relationships.

The results indicate that other states such as Texas, Georgia and even North Carolina where legislators are considering plans to make divorce more difficult to obtain should reconsider. These stalling techniques not only have not been shown to help, they might actually make things worse.

Ohio Couple Pleads Not Guilty To Misdemeanor Charges After Surrendering Adopted Son :: Mecklenburg County Charlotte Divorce Lawyer

Published on: December 12, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What are my custody rights if the other parent moves?”

The Ohio couple that generated a lot of attention for giving up the 9-year-old adopted son they had raised since infancy is back in the news as court records reveal additional information about what took place prior to the child’s surrender.

Documents filed with the Butler County Common Pleas Court say that the mother, Lisa Cox, believed the boy was a genuine danger to the family’s safety and that she felt she had no choice but to surrender the child. Lisa and her husband, Cleveland Cox, both pled not guilty last week to misdemeanor charges of nonsupport of a dependent.

Prosecutors in Butler County who are handling the case say that Lisa and Cleveland left the boy with the county’s children’s services office after he began displaying aggressive behavior, including threatening family members with a knife. The boy was dropped off at the children’s services office with a bag containing some clothes and a handwritten letter from Lisa saying that she loved him and that he would never be forgotten.

Prosecutors say, shockingly, the boy did not know he was going to be given up, and that he was only told that he was going to a hospital where they would fix what was wrong with him. He did not realize that once he left he would never be returning home. Prosecutors say Lisa’s note included mention of how it broke her heart to hand him back to child welfare authorities and said she was praying that God would provide the boy the “perfect family” to show him love.

National experts on adoptions say that the case of the Cox family is a very unusual one given that the boy was adopted as an infant. Experts say that it is extremely rare in such cases for an adoption to fall apart. Instead, most cases of family discord occur when children are adopted at older ages and then try to assimilate into their new families.

Ashton And Demi Finally Announce Divorce :: Celebrity Divorce

Published on: December 10, 2013 | 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?”

A recent Yahoo article discussed how Ashton Kutcher and Demi Moore finally formalized their divorce, more than two years after first announcing their separation. To many people the lengthy wait would feel like an eternity, but as with most things, Hollywood couples appear to operate differently.

Though North Carolina couples can expect to have a relatively straightforward divorce dispensed with in a matter of months, not years, experts say that in Hollywood such a long time is not unusual, in fact, it’s almost commonplace. Alec Baldwin and Kim Basinger spent more than two years battling each other. Heather Mills and Paul McCartney took two years or so fighting over their millions. Even Kim Kardashian and Kris Humphries, a couple that was only married for a few months, spent a year and a half divorcing.

So what’s the reason for all the time spent fighting? Family law experts say that it typically boils down to one of two issues: money or anger. In the case of Demi and Ashton, both appeared to be factors, which explains the time it took to finally hammer out a settlement agreement.

Those close to the case say that Demi was hoping to get spousal support from Ashton and wanted to wait and see just how much he’d make from his new role on “Two and a Half Men.” Though Ashton is reportedly raking in millions from his sitcom, Demi will not be seeing any of it. The final agreement states that Demi will not receive spousal support, but will instead receive a healthy split of marital assets, including money that Ashton has invested in several tech startups.

Supposedly Broke British Bloke Ordered To Pay Wife $30 Million :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: December 5, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Are overtime, bonuses, and commissions included in calculating child support?”

British tabloids were covered in articles about the final judgment in one of the country’s longest running and most contentious divorces cases. Late last week a British High Court judge issued his ruling in the case, ordering a supposedly penniless businessman to give his wife upwards of $30 million.

Though it may seem hard to believe, the result managed to anger both sides as each had very different views of what the family’s finances were. The unfortunate judge was left to try and divine the truth between two very divergent versions of reality.

The first theory was advanced by the husband, Scot Young. Scot spent the entire six years of his trial claiming that he was near destitution, arguing that his once lucrative business had folded during the financial crisis. Scot said that he went from hundreds of millions of pounds in assets to more than 30 million pounds in debt. As a result, Scot claimed he was unable to afford to pay his ex-wife any money or pay her whopping $9 million dollar legal tab.

The second theory was proposed by Scot’s former wife, Michelle. Michelle always said that her husband was hiding vast amounts of money in offshore accounts and had purposely made himself appear bankrupt for the sole purpose of avoiding forking over millions in a divorce. Michelle claimed that her husband was worth hundreds of millions of dollars, possibly even billions. She said that her husband’s offer of a $300 million settlement several years ago proved that he was sitting on more money then he claimed.

Man Sues After Discovering Twitter-Millionaire Wife Hid Stock During Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: December 3, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Are overtime, bonuses, and commissions included in calculating child support?”

A very interesting case out of New York City showcased the importance of making accurate and complete financial disclosures during a divorce. The case dates back to a 2007 split between Stuart Strumwasser and Jennifer Johnson. Prior to the divorce Stuart was making $43,000 a year while his wife made even less. After the divorce was finalized, Stuart was ordered to pay child support for his two young twins, money he has paid faithfully ever since. Everything seemed normal until Stuart decided to check up on his wife recently and performed a social media search, ultimately finding his wife’s profile on the business site LinkedIn. Imagine his shock when he read that Johnson was described as a first-round investor in Twitter.

After recovering from his surprise, Stuart began retracing his steps and remembered that prior to their divorce his wife went by herself on a trip to visit her brother in San Francisco. He was left alone in New York watching their two young children and thought nothing of the vacation. Only later did he find out that Jennifer had actually been secretly meeting with her ex-husband while in San Francisco. Her ex was a longtime friend and colleague of Jack Dorsey, founder of Twitter.

While in San Francisco, Jennifer took a meeting with Dorsey and invested between $10,000 and $50,000 in the social media company that was then in its very early stages. Estimates now reveal that that investment is worth between $10 and $50 million.

Stuart was furious after discovering his ex-wife’s windfall and has now filed suit against her in a Manhattan court. In his complaint Stuart accuses Jennifer of committing fraud by omitting the investment from their divorce financial disclosures. He is now asking that his wife repay $120,000 in child support that he’s forked over in the years since the divorce as well as 30 percent of her shares in Twitter.

Ohio Couple Charged After Returning Adopted 9-Year-Old Son :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: November 28, 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 couple from suburban Cincinnati, Ohio is now facing potential criminal charges after giving up the son they adopted nine years ago. The tragic case has polarized many groups in the area; some who feel for the parents and others who argue that they should be punished for their abandonment.

Prosecutors in Butler County, Ohio say that they intend to file criminal charges against the couple after they returned their son to the county’s children’s services department. Law enforcement officials say they are interested in prosecuting the case to send a message to other parents that it is not acceptable to simply return your child whenever you’ve decided you have had enough. So far the two have been indicted on charges of nonsupport of dependents and were released from jail after paying $10,000 bond.

The sad story began nine years ago when Cleveland and Lisa Cox adopted their son who was an infant at the time. The parents say that they were unable to continue to care for the boy due to his aggressive behaviors for which he had refused to seek treatment. The couple claimed that the boy had threatened both parents and the couple’s two other children with a knife.

The boy is now a ward of the state and remains in protective custody as the parents await word from a judge about whether they will be able to legally abandon the boy or whether they will instead face up to six months in jail and a fine of $1,000. Officials with Butler County Children’s Services say that the boy is alone and confused. The boy’s court-appointed attorney says that the parents should have provided help for the child, regardless of whether he wanted it or not.

Angry Michigan Man Installs Giant Bronze Middle Finger To Send Clear Message To His Ex :: Separation and Divorce Lawyers in Charlotte, North Carolina

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

Attorney Matthew R. Arnold answering the question: “Does adultery affect who gets custody?”

In an amusing case out of Michigan, one recently divorced man went the extra mile to convey his unhappiness to his ex-wife. According to a recent Yahoo article, Alan Markovitz decided to make a grand gesture following his split, installing a sculpture intended to irritate and offend.

Sources say that following the couple’s divorce, Alan found himself nursing a grudge and with money to spare. This sometimes dangerous combination of factors led Alan to purchase the home next door to the one occupied by his ex-wife and her new boyfriend. Ordinarily that would be crazy enough, but Alan took the whole thing even further by then erecting a 12-foot high statute of a middle finger in his backyard.

The controversial sculpture is clad in bronze, adding a lovely sheen to an otherwise obscene message. Photographs show that Alan arranged his artwork on his back patio so that it is in full view of the rear windows of his ex’s home. Alan also took steps to guarantee that his message was not lost at night, installing a spotlight to properly display the sculpture, something that makes the middle finger shine like a beacon.

The former Mrs. Markovitz has refused to comment about the artwork, but Alan was interviewed by a local Detroit station and was happy to take credit for the sculpture. He said that the idea was his own and that he felt compelled to take action after his wife moved into the home with a man Alan says she began dating while the two were still married.

Alan says that even though he did intend to irritate his ex, he never meant for the matter to be made public. The offending art work was only brought to light when his ex-wife’s daughter took a picture of the sculpture and sent it out to her Twitter followers, a photo that later took on a life of its own.

Say Cheese! New Research Indicates Yearbook Photos May Hold Clue To Divorce Risk :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: November 21, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What children’s expenses are not covered by child support?”

Though it may sound bizarre, researchers with DePauw University say that it turns out a person’s yearbook photos might have some predictive ability when it comes to that person’s risk of divorcing later in life. The claim appears in DePauw psychology professor Matthew Hertenstein’s new book called The Tell: The Little Clues That Reveal Big Truths About Who We Are.

In his book, Hertenstein explores a 2009 study that he conducted which found that people who smiled more intensely were more likely to have longer lasting marriages than those who smiled meekly or not at all. Hertenstein said that the photographs could be from as far back as elementary school, but that they still had an ability to predict a person’s marital longevity.

Hertenstein conducted his research by having a team of psychology students examine several hundred college yearbook photographs and rate how intensely each person smiled. Subjects who received the higher overall smile intensity ratings were those that Hertenstein said activated two important facial muscles used for smiling: the muscles that are used to elevate the cheeks and the muscles that make the eyes smile, known as the orbicularis oculi muscles.

The psychology students then followed up with the yearbook subjects and asked them a range of questions about their married life. The subjects ranged in age from their mid-20s to late-80s. The results were surprising in that a correlation was found between those who smiled more and their chance of remaining married. According to the data, those who smiled the least in their yearbook photos were five times more likely to divorce at some point in their lives when compared to those who smiled the most intensely.

Deposition Reveals Scientology Played Role In Tom Cruise’s Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: November 19, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What are my custody rights if the other parent moves?”

Tom Cruise is currently in the midst of a $50 million lawsuit against the publisher of the gossip magazines In Touch and Life & Style, a lawsuit that has actually led to far more gossip tabloid headlines than Mr. Cruise likely intended. As part of his lawsuit, Cruise had to be deposed and was asked a series of probing questions about the dissolution of his marriage.

One of the most candid revelations contained in the deposition is the news that Cruise admits that one of the reasons Katie Holmes filed for divorce back in 2012 was to protect their daughter, Suri Cruise, from Scientology. Though many already view Scientology with suspicion, it’s the first time Cruise has ever acknowledged that his religious beliefs may have played a role in the demise of his relationship with Holmes.

The divorce case began in June of 2012, when Holmes filed to end their nearly six-year-old marriage. To the surprise of many, the entire matter was settled out of court in only two weeks. The settlement was private and no details have been released about the terms of their separation.

Another bit of information revealed during Cruise’s deposition is that Holmes was a practitioner of Scientology before and during her marriage to Cruise, but that she left the church almost immediately after filing for divorce from the famous actor. Cruise admitted that his daughter, Suri, has also stopped practicing Scientology.