Charlotte Divorce Lawyer Blog

Baby Veronica Child Custody Case Continues To Escalate :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: August 8, 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?”

It finally looks like the sad case of the adopted girl from South Carolina might be coming to a conclusion. According to a recent report by the Associated Press, the father of Baby Veronica has turned himself into authorities in Oklahoma.

Dusten Brown, the biological father of the three-year-old girl at the center of a recent Supreme Court case has turned himself into authorities while his daughter remains with family members in the area. Brown surrendered himself on Monday after having been charged over the weekend with custodial interference and a warrant was issued for his arrest in the case involving his daughter.

A couple from Charleston, SC, Matt and Melanie Capobianco, have spent the last 18 months fighting to have the girl returned to them after Brown won custody in 2011. Brown successfully used the Indian Child Welfare Act to reassert his parental rights after initially voluntarily signing them away.

Authorities say Veronica is currently in the care of Brown’s parents and Brown’s wife. The three individuals were recently named temporary guardians of the girl by a Cherokee Nation court. Brown, who is 2 percent Cherokee, asserted his heritage in his child custody fight with the Capobiancos, a ploy that was recently struck down by the U.S. Supreme Court. The case was remanded to South Carolina where the Capobiancos were affirmed as Veronica’s rightful parents and Brown was ordered to return the girl as part of a gradual transition process that is aimed at reintroducing the toddler to the Capobiancos. So far, Brown has refused to participate.

Fight Over Last Name Leads To Judge Ordering ‘Messiah’ Changed To ‘Martin’ :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: August 6, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How is the amount of child support decided in North Carolina?”

A recent Yahoo article discussed a Tennessee judge’s recent decision to prevent a couple from naming their seven-month-old son ‘Messiah’. The magistrate judge from Newport, TN instead changed the boy’s name to Martin, saying that Messiah was reserved for Jesus Christ and him alone.

Oddly enough, the matter ended up before the judge due to a fight between his parents over the child’s last name. While they both agreed on ‘Messiah’, they wanted the judge to settle the dispute over their son’s last name. When the judge heard the child’s first name, she decided that it needed changing too. Ultimately, the judge settled on Martin DeShawn McCullough, a name that incorporates the last names of both parents.

The judge said her decision to change the child’s name was the first time she has ever issued such an order. The judge said that if the child is raised in Cocke County, TN the name could end up causing him trouble later in life due to the area’s large Christian population. The judge said since the child was too young to have say in the matter, changing the name to something less controversial was an important step to spare the child of a potentially difficult future.

The child’s mother said that she intends to appeal the decision, claiming that she chose Messiah not for religious reasons but because she thought it sounded like a good name. According to a list compiled by the Social Security Administration, Messiah ranked number four on the 2012 list of fastest-rising baby names.

Rupert Murdoch’s Wife Appears Ready For A Fight After Hiring New Attorney :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: August 1, 2013 | On behalf of Arnold & Smith, PLLC

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

Things appear to be heating up in the Rupert and Wendi Murdoch divorce case. Mr. Murdoch surprised his wife of 14 years with divorce papers only a month ago and already Mrs. Murdoch appears to be changing her tactics in the split.

Murdoch initially hired a New York attorney, Pamela Sloan, to represent her in the divorce. Ms. Sloan had worked with Mrs. Murdoch several times in the past; including the first time Mrs. Murdoch signed a prenuptial agreement and again when a second and third postnuptial document was created after the births of their children. Friends close to Mrs. Murdoch say they believe Sloan was too close to Rupert and that Wendi wanted a fresh set of eyes on the case.

Mrs. Murdoch has now hired William Zabel, a well-known lawyer to the stars in Manhattan who represented Jack Welch’s wife in her divorce and handles the estate planning affairs of billionaire George Soros. Experts believe choosing Zabel is a clear sign on Mrs. Murdoch’s part that she does not intend to slip away quietly and will instead fight to receive as large of a piece of Mr. Murdoch’s wealth as possible.

Though it’s true that Mrs. Murdoch signed several agreements with Rupert (one prenuptial agreement and two postnuptial agreements), experts say there are several areas that remain up for negotiation that Wendi intends to take full advantage of. One clear example of such an unsettled issue involves the children, two girls, 11 and 9 years old. In many cases, issues involving child custody arrangements and child support are left out of prenuptial agreements because courts do not view them as binding. As a result, issues involving children are often used in such high profile cases by the less-moneyed spouse as a tool for extracting money that they may have already signed away in previous agreements.

Simon Cowell Named In Friend’s Divorce Filing :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 30, 2013 | On behalf of Arnold & Smith, PLLC

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

Simon Cowell has been in the news a lot the past few weeks, though most of the stories have not been about his show, “The X Factor.” Instead, the topic of conversation is Cowell’s affair with his married friend’s wife, Lauren Silverman. The episode is a nasty one and resulted in Lauren’s husband, Andrew Silverman, filing for divorce.

Though New York is a no-fault divorce state, meaning that no one party needs to be found to have caused the marital trouble to justify a divorce, Andrew has decided to file for divorce based on his wife’s extramarital affair. In fact, Andrew took the very unusual step of publicly naming Cowell in the divorce filings. Specifically, Cowell is listed as a co-respondent in the divorce papers.

Because Andrew filed for divorce based on his wife’s adultery, Cowell is now at risk of being hauled onto the witness stand to discuss the exact nature of his relationship with Lauren Silverman. This is something Cowell is likely eager to avoid given that news reports indicate Lauren is currently several months pregnant with Cowell’s child.

Family law experts in New York say that the decision to name Cowell directly in the divorce papers is a surprising one and likely meant to lead to a quick settlement. Many believe that Cowell and Lauren will be eager to avoid continued publicity of their affair and resulting pregnancy and that they will now be more likely to agree to a quick settlement.

North Carolina similarly allows for no-fault divorces, something which can make the divorce process easier and much less hostile. Rather than having to assign blame to one party for the dissolution of the marriage, couples can agree that no one was individually to blame for the marital trouble and the divorce can move along more peacefully. In North Carolina, couples only have to say that they have lived separate and apart for one year

Rapper Files Bankruptcy Over $1.24 Million Child Support Debt :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 25, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How is the amount of child support decided in North Carolina?”

The rapper known as DMX has found himself in hot water recently, facing criminal charges for possible drunk driving on top of a recent bankruptcy filing. Just this past week DMX, whose real name is Earl Simmons, filed for bankruptcy protection at a court in Manhattan. The bankruptcy filing came only four days after his arrest in rural South Carolina on suspicion of driving under the influence.

The Chapter 11 bankruptcy filing by DMX lists a wide array of debts and only a few assets. The court documents claim that DMX has assets of less than $50,000 and liabilities of somewhere between $1 million and $10 million. The rapper said that he needs the Chapter 11 to enable him to reorganize his financial affairs.

DMX, who is originally from New York but currently resides in South Carolina, acknowledged in his bankruptcy filing that among his many debts is the $1.24 million he owes in back child support. Beyond the whopping child support arrearages, DMX says he owes more than $21,000 on a car lease and his only real asset is his half share in some property located in upstate New York.

DMX’s spokesperson recently released a statement explaining that his financial issues have been responsible for his lack of career success in recent years. The recording artist known for a number of late 1990s hits hasn’t had much chart success in recent years, something his spokesperson says is due his poor prior representation. DMX says he wants to tour oversees to earn more money and pay his debts, but needs the Chapter 11 to help accomplish that goal. The reason is somewhat convoluted and relates to his child support debt.

Nashville Woman Wants Divorce Set Aside After Husband Sells Company For $100 Million :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 23, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

A recent divorce case in suburban Nashville, TN has left one woman feeling duped and is set to reopen an emotional split for still more fighting. The case involves an interior designer named Jamie Beckwith who is seeking to undo a divorce settlement that she signed with her former husband, a multimillionaire commodities trader who she claims lied to her to avoid giving her tens of millions of dollars.

The lawsuit, which was just filed in a Williamson County court, claims that her husband, Larry Beckwith, chose his wife’s attorney and then paid the attorney a $50,000 bonus so that the divorce could be hurried along before he was set to sell his ethanol company for a whopping $100 million. The lawsuit claims fraud, breach of contract and various other illegal actions conspired to defraud Jamie out of her share in the massive sale of her former husband’s lucrative company.

At the time of the divorce Larry owned a majority share in a Nashville biofuel company that had been doing $3 billion a year in sales. Jamie claims to have not had nearly the financial sophistication of her financier husband and agreed to only $6.8 million for her share of the company, payments that were spread out over several years. This represented half of what Larry had claimed was his $15 million stake in the operation.

Larry had made clear that the divorce had to be finalized by the end of 2011, not sharing with Jamie that the reason was his share in the company was about to become much more valuable given the impending sale and a change to laws regarding ethanol exports. Following the change, Larry sold his 80 percent stake in the company for $100 million.

How To Divorce A Bully :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 18, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can any attorney help me with my family law needs in North Carolina?”

A recent article in USA Today discussed the difficulties that can arise when someone tries to divorce a bully. The author of the piece focused on scenarios where one spouse is high-powered and the other often feels powerless, often financially. The author said that to even what can sometimes be an unfair playing field it’s important that the spouse who feels victimized take steps to protect themselves.

The first thing mentioned by the author, Elizabeth MacBride, is that if the bullying ever becomes physical you must extricate yourself from the situation immediately. Even if you aren’t yet financially ready, you have to do what’s best to protect yourself and your children and get yourself out of a potentially dangerous situation.

If you are physically secure and the bullying is more financial or emotional, the following are some tips to getting away from a bullying or overly controlling spouse. One tip proposed by MacBride is to put aside money. Even if you do not have an income stream of your own you can start taking spending money and putting it aside in your own account. Having access to your own funds, enough to fight a spouse over what can sometimes be a lengthy divorce battle, is crucial to ensure you get a fair share.

Another bit of advice when splitting from a bully is to make sure to get your own copies of everything important. You want to be sure you have your own financial records to give your attorney and not have to trust that your spouse is turning over everything you need. You can begin gathering these documents before filing for divorce, calling your banks or other financial institutions and asking for recent statements.

South Carolina Supreme Court Issues Final Decision In Baby Veronica Case :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 16, 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?”

The South Carolina Supreme Court issued an important decision earlier this week when it decided Baby Veronica, the young adopted girl at the center of a major legal dispute, should be returned to her adoptive parents, the Capobiancos, in Charleston, SC. This meant that the girl will be removed from her biological father, Dusten Brown, who successfully sued before the very same South Carolina Supreme Court to take custody of the girl last year.

The decision, 3-2, ruled that the girl should immediately be returned to the adoptive parents’ custody and that the lower court should immediately move to finalize the couple’s adoption. The couple will see their daughter for the first time in 18 months since Brown successfully sued to reassert his parental rights, claiming that the Indian Child Welfare Act (ICWA) prevented him from signing away his parental rights.

The case ended up making its way to the U.S. Supreme Court which ruled last month in a 5-4 decision that ICWA was never designed for cases like this where the Indian parent (Brown is 2 percent Cherokee) voluntarily chose to terminate his or her own parental rights. Instead, ICWA was meant to prevent the forcible breakup of Indian homes. The Supreme Court remanded the case to South Carolina for reconsideration and to determine which home would be in the best interest of the child.

Nebraska Supreme Court Throws Out $100 Million Lawsuit Against Divorce Attorney :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 11, 2013 | On behalf of Arnold & Smith, PLLC

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

A woman in Omaha is likely pretty unhappy today after a recent ruling by the Nebraska Supreme Court regarding her divorce case. The woman, Mary Kay Young, had filed suit against her former divorce attorney for $100 million, claiming the woman, Pamela Govier, cost her a fortune by providing bad legal advice.

The lawsuit by Young was filed last year after Young realized just how bad of a deal she got from her 2006 split. Young claimed that her attorney gave her bad advice by telling her to accept a divorce settlement that would pay her a $3 million lump sum as well as $12,500 in monthly alimony for up to 10 years. $3 million up front and $150,000 a year? Sounds fantastic, right?

Sure, the money is nothing to sneeze at, but put in perspective it’s not such a great deal. The problem in the case is that Young’s husband, Henry Davis, was a very wealthy CEO of a major midwestern meat packing company. Young says that by signing onto the agreement advocated by her attorney, she missed out on what could have been half of her husband’s $192 million marital estate.

The state Supreme Court upheld the ruling by a lower court judge who found that Young never sufficiently proved negligence by her attorney. Young further claimed that the settlement agreement signed with her ex-husband should have been voided because it was executed under duress. The judge also rejected that contention, claiming that no proof of such duress was ever shown.

The Supreme Court also ruled on another strange aspect of the divorce case, saying that Young was not allowed to force her ex-husband to take a physical so she can buy a $1 million life insurance policy on him. Young’s attorney argued the policy was necessary to secure future child support payments by Davis in the event that he dies prematurely.

Two Studies Discuss Happiness Post-Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: July 9, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”

Everyone knows that divorce is an emotionally grueling process. Most everyone experiences moments of deep sadness, frustration, anger and hurt given the demise of their marriage. Despite the bad times, ending an unhappy relationship can often be the best choice for couples who are simply not a good match. Once the short-term pain is done, plenty of people end up looking back on the decision as the right choice.

According to researchers in England, gender might play a role in how satisfied with the divorce a person is. Scientists say that women tend to be happier with their lives after divorce than men. The study, conducted by researchers at London’s Kingston University surveyed 100,000 divorced individuals over a period of 20 years checking in about their happiness and general satisfaction with life.

The findings, which were recently compiled into an article for the journal, Economica, showed that while men were somewhat happier, women were substantially more content with their post-divorce lives.

Study authors say they took into account that divorce can sometimes cause a negative financial impact on women. Given this financial pinch often felt by women, researchers say they expected to see more negative reactions from women but were surprised to find they still end up more content following a difficult split.

In another survey conducted by Professor Richard Lucas at Michigan State University, data shows that it can take a very long time for this satisfaction to occur. Lucas’ research shows that the level of satisfaction with life does not fully recover to pre-divorce levels for most people until six years after the divorce.