Charlotte Divorce Lawyer Blog

Equitable Distribution Attorneys :: Property Division can be Difficult in North Carolina Divorces

Published on: September 25, 2012 | On behalf of Arnold & Smith, PLLC

When it comes to separating assets, especially emotional ones, reaching an agreement that works for everyone can be tricky. For liquid items, such as bank accounts and retirement accounts, the division can be far less difficult due to a cash value already being attached to them. However, for many North Carolinians, figuring out a fair asset division when it comes to personal property can be far more frustrating.

In many cases, a couple will have acquired some unique items throughout the course of their marriage. These items can be difficult to split unless an agreement is reached. However, if both parties wish to remain in possession of the unique item and find themselves at an impasse, there are several ways in which a division can be achieved.

The easiest of all methods is to force a sale of the item and to split the proceeds. This allows each party to receive a fair share of the value of the item. However, for those who wish to keep the item, a common way to do so would be to offer to buy out the other spouse of their share. If things are extremely contentious, however, and both parties refuse to compromise on who gets the item, a judge may have to step in and determine what should happen.

Top Ways to Lower Your Attorney’s Fees

Published on: September 20, 2012 | On behalf of Arnold & Smith, PLLC

The following five things are some ways that you can try to keep your attorney’s fees low while going through the expensive process of divorce (from WiseGeek.com).

1. Think before you call
While your family law attorney is there to guide you through the process of a divorce and understands that you are going to have questions about the process, it’s important to understand that every communication with your attorney will result in being billed. Thus, it’s a good idea to save your small questions for a weekly status email with your attorney. This does not mean you should avoid communicating important information to your attorney, just think twice before you send off a quick email or make an unnecessary call asking for information that could be found elsewhere or saved for another time.

2. Be active in your own case
Family law cases require the production of lots of document. This can include financial documents, photographs, timelines of events, etc. It’s wise to help out your attorney where possible so he or she does not have to spend time (and money) trying to extract information from you. Provide whatever documents you think may be useful to your case and be quick to get back to them if they have questions.

3. Therapists are cheaper than attorneys
Going through a divorce can be an emotional rollercoaster ride and your attorney certainly understands the pain you are going through. That being said, attorneys are best used as advisors, not as sounding boards for your emotional issues. Good attorneys will be supportive and lend an understanding ear, but you should realize that their time equates to your money. It’s much better to turn to your friends or family to vent about your ex than be billed by your attorney.

4. Respond to requests quickly
There are multiple aspects of your family law case that are time sensitive. If your attorney sends you a document and tells you it needs to be notarized or that discovery requests need to be filled out and that a deadline is important, it’s critical to respond quickly. Your delay can mean that the attorney has to make several attempts to contact you or spend time getting extensions, all of which will end up being billed to you.

Several Strange Marriage Laws From Across the Country

Published on: September 18, 2012 | On behalf of Arnold & Smith, PLLC

With all the talk of alimony and custody fights, sometimes a little lightheartedness is appreciated. After all, you’ve got to laugh to keep from crying. In that spirit, the following list of bizarre marriage-related laws on the books in states across the country is meant to inject some humor into an otherwise serious subject.

First things first, in Kentucky, it’s apparently illegal to remarry the same person four times. Why four and not five? The reason is unclear, but I suppose it makes sense that if you haven’t been able to make it work the three previous times, what’s the point in giving it yet another go. Thankfully, as long as it’s different men, you can get married and divorced as many times as you like.

Wichita, Kansas represents an unlikely haven for those husbands who just can’t stand their mothers-in-law. The city has a law on the books which says that a man’s mistreatment of his mother-in-law cannot serve as a grounds for divorce. Though it can’t be used as a basis for divorce, no one thinks making an enemy of your wife’s mother is a good plan for a happy marriage.

California, Colorado, Montana, and Texas, allow for a very odd practice known as marriage by proxy. Marriage by proxy occurs when someone stands in for a bride or groom who is unable to be present at his or her wedding. The states that allow the practice limit it to members of the U.S. Armed Forces, a group who truly would be unable to attend in certain circumstances. Montana takes it a step farther and is the only place in the country where double-proxy weddings are permitted. This means that neither the bride nor the groom needs to be present for an official wedding to take place, something that would make for an odd reception.

Benefits of Lump Sum Alimony in Charlotte, NC

Published on: September 13, 2012 | On behalf of Arnold & Smith, PLLC

The family law practice area has seen the current economic climate lead to a huge increase in the number of modifications for existing child support and alimony awards. People are losing jobs, losing homes, taking pay cuts, losing bonuses and other compensation that was previously used to determine such financial support awards. This can be an especially big problem in cases where one party has received an alimony award and relies on those monthly payments to meet their basic living expenses.

If someone retires, gets injured, loses their job or is otherwise unable to make alimony payments, and your alimony is not designated as “non-modifiable” you may very well receive a discounted alimony payment on an ongoing basis or it may be eliminated all together. Even if the alimony award is non-modifiable, if the person responsible for making alimony payments loses a job and has no assets or means to pay, your chances of being able to hold someone in contempt for non-payment of alimony are slim. Given those potential concerns and the current state of our economy, those who are entitled to any form of alimony really should consider the idea of “lump sum” upfront payments so that they can avoid the issue of an alimony award being terminated or reduced based upon unfortunate circumstances arising in the future.

If there are assets, especially cash assets, available during the initial divorce proceeding it makes sense to at least consider how much of those assets could be distributed to you in a settlement in exchange for a reduced alimony payment. No one knows what the future holds and getting your money up front is a way to reduce potential risk down the road. Lump sum alimony does come with the responsibility of being smart with the money you get up front and making sure the lump sum lasts. This requires you being savvy and meeting with a financial planner or other adviser to manage your money properly.

Child Custody Cases in Iredell County, NC are Hard Enough, but What about the Dog?

Published on: September 11, 2012 | On behalf of Arnold & Smith, PLLC

As everyone knows, child custody is one aspect of divorce that can cause terrible bitterness and turn an otherwise amicable split into a drawn-out, expensive battle that leaves everyone battered and bruised, including the kids. The only good thing about child custody disputes is that they operate on an established set of laws and case precedents.

As discussed in an article on LATimes.com, determining who should get custody of the family pet is a totally different story. Pets are still viewed as property by the courts, even though many couples regard them much more personally. Because there are very few rules when it comes to deciding who should get custody of the pets, there is a wide variance among judges. Couples cannot assume a judge will make the decision based on who brought the pet into the relationship, nor can they count on the same elaborate factors being assessed that are considered when deciding child custody. In the olden days some judges would rely on “calling contests,” in which the spouse who could get the dog to come to them won custody. Far from scientific, courts have moved away from that process today.

So what are the options for spouses caught in a battle over your pet pooch? According to the LA Times, one possibility is to do what people with human children do, and work out a joint custody agreement. With a little extra work, both of you can keep taking your pride and joy to the dog park. Another benefit is that with shared custody you can always ensure there is someone around to look after your dog if you have to leave town.

This obviously won’t work if you and your ex will be geographically separate. If that’s the case, then you will need to do an honest evaluation of who is better equipped to take care of your pet. Who will be away from home more, which one of you has traditionally done most of the caretaking and, if you do have kids, how will child custody affect the decision.

Child Support Statistics Reveal What People Pay Across the Country

Published on: September 6, 2012 | On behalf of Arnold & Smith, PLLC

Parents sometimes wonder if the payments they make for child support are fair. They wonder what their friends are paying and what number average families across the country face when it comes time to write a check. Non-custodial parents may be curious to know if the support they pay is in line with other parents in the same position.

Well wonder no more; the U.S. Census Bureau recently released a new report titled “Survey of Income and Program Participation,” which examines child support statistics gathered from across the country. The data used to compile the report was pulled from the most recent national census in 2010. The report is quite comprehensive and sheds some light on who pays support, how many children receive it and the averages for monthly and yearly child support payments.

The numbers show that the average monthly child support payment in America is $430. Children below the age of 21 receive $5,150 on average each year for support. Unsurprising to many is the news that male non-custodial parents provided more child support by percentage than female parents, though the difference was stark. Eighty-five percent of all U.S. child support payers were men and only 15 percent were women. The report also found that child support payments made by men were higher than a woman’s average of $3,500 in yearly financial contributions.

Drug Testing and Nasty Custody Disputes in North Carolina

Published on: September 4, 2012 | On behalf of Arnold & Smith, PLLC

Recently, a family law expert, Henry Gornbein, wrote an editorial for the Huffington Post dealing with the effect of medical marijuana laws on custody disputes. The article concluded with a discussion about how even in states where medical marijuana is legal; a spouse possessing a valid medical marijuana card should still refrain from partaking while in front of their children. Gornbein went so far as to suggest that custody schedules should be altered to take into consideration times where the one parent would be using their medicinal marijuana.

The article is an interesting one in the context of how criminal law has collided with family law. The article also brings up the role of drug testing in North Carolina divorce cases. Drug testing can have a profound impact on some custody cases in the state. Given that North Carolina is a state where all marijuana use is illegal, a positive drug test can be the difference between custodial parenthood and supervised visitation. It’s absolutely the case that no family law court in North Carolina would design a custody schedule around a parent’s marijuana habit.

Parties might request a drug test to provide evidence of habitual drug use in order to attain a fault divorce. One spouse may also request a drug test if there is a heated custody battle and drug use has been alleged. They may be after sole custody of the children and are hoping their ex will fail a drug test. Such failed drug tests can also be a basis for altering a custody agreement.

What to do about life insurance during a North Carolina divorce

Published on: August 30, 2012 | On behalf of Arnold & Smith, PLLC

Negotiating a divorce settlement can be stressful, especially when tension is high and your spouse insists on contesting every last detail. One thing that often is last on people’s priority list, but which should not be overlooked, is insurance.

As the Huffington Post explains, insurance policies are standard parts of Separation and Property Settlement Agreements. The spouse who pays alimony or child support is commonly expected to maintain a life insurance policy that would cover the debt owed to the spouse or children on the receiving end of the money, in case the payer dies while a debt is owed.

If you’re the spouse who is the beneficiary, you must be certain that the policy amount is sufficient to cover your children’s educations, your mortgage and related debt. It’s important to consider sticking in guarantees that forbid a lapse, cancellation or change of beneficiaries to the life insurance policy.

The death benefit on a term policy should meet or exceed the minimum amount a spouse would pay over time for spousal or child support. But more than just that simple calculation, other expenses should also be considered. For instance, is the health insurance under the paying spouse’s name? If so, what would it cost to find a new insurer and pay the premiums? That needs to be calculated into the number needed for the policy’s death benefit.

It’s critical that the details are attended to when it comes to insurance. For instance, while most divorce agreements require that a spouse purchase a life insurance policy, does yours go on to require that they maintain it? Lapsed policies can be canceled, something you surely don’t want to happen if you’re the beneficiary. Experts suggest adding the beneficiary spouse’s name to the policy as a contact that insurers can use if policy premiums ever go unpaid.

Drinking and Divorce: Study Examines Impact of Relationships on Alcohol Use

Published on: August 28, 2012 | On behalf of Arnold & Smith, PLLC

A recent article on ABCNews.com discussed a study which sought to examine alcohol’s role before and after divorce. The study, presented at the Annual Meeting of the American Sociological Association, looked at 5,300 people over a ten-year period and contained some surprising results.

Lead researcher Corinne Reczek, assistant professor in sociology at the University of Cincinnati, and her team looked at data collected from surveys of a random sample of 5,000 Wisconsin high school graduates of the class of 1957. Researchers conducting the study contacted each of the subjects four times over a 47-year period.

The results showed that men drank less while married than if divorced or single. In fact, men’s alcohol consumption showed a significant dip upon entering into a first marriage. Three quarters of the men who divorced blamed the end of their marriage for an increase in drinking. Unsurprisingly, men drank more during every stage of life than women. The researchers believe spending more time at home and out of the bars causes the post-marriage dip.

Divorce Lawyers in Charlotte, NC :: Some important “Do Not’s” for Those Going Through Divorce in North Carolina

Published on: August 23, 2012 | On behalf of Arnold & Smith, PLLC

Recently the Huffington Post published a list of tips for men going through a divorce. However, a quick look reveals that the tips are applicable to any parent embroiled in the difficult process. In addition to the tips listed below, it is recommended that you consult with experienced family law attorneys in Charlotte, NC to help you through the process.

1. Do Not Move
Moving out and supporting two households is an expensive undertaking for even the most financially sound, especially given the current economy. While you may not get along with your spouse, unless a court says otherwise, it is financially advantageous to stay put. Obviously there are exceptions to this tip, such as domestic violence or a court order.

2. Do Not Hide Money
While divorces may be expensive, hiding your money is a bad idea. If the court discovers that you’ve been squirreling your money away, then you lose credibility and the court will be more likely to side against you in the future. In the end, hiding assets will cost you far more than it is worth.

3. Do Not Lose Your Cool
A divorce is not counseling, the decision to end the marriage has already been made, and a screaming match benefits no one. Even if one side is provoking the other, it is always best to keep a cool head. Keeping things friendly can help prevent a long drawn out divorce and will allow a much better environment for the children involved.