Alimony

What happens if your spouse simply refuses to follow the divorce decree?

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

Though no divorce is fun, some divorces can become especially nasty. In these cases, one common cause is that one party is opposed to the divorce and wants to try and hold onto the marriage, forcing the other to drag him or her kicking and screaming every step of the way. In other cases, it’s simply that the uncooperative spouse is controlling and used to getting his or her way. A divorce, especially one not on their terms, comes as a shock to the system and it can encourage sometimes horrifying displays of stubbornness.

Taxes and spousal support

Published on: January 17, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

A recent article in the Chicago Tribune discussed the sad case of the divorce of the founder of the Cancer Treatment Centers of America. He and his wife have been embroiled in a dispute for more than eight years now and continue to fight about what share of the marital estate his wife is entitled to. The woman is asking for more than $400,000 a month in spousal maintenance, an astronomical sum to most people. One of her arguments supporting such a figure is the idea that taxes take a big bite out of what she’s already received and she needs more to comfortably pay her bills.

Minnesota Court Says Prenuptial Agreements Have Limits

Published on: January 10, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina. Topics discussed include: How to choose a divorce lawyer? How long does a divorce take? How much does a divorce cost? When can a person get an annulment?

Couples use pre and post-nuptial agreements to help create certainty. Divorce, after all, can be a very uncertain process. Costs can increase due to an uncooperative spouse, issues involving custody and visitation may arise or disputes might involve the division of marital assets. You can’t always predict these problems or individual behavior in advance, which is why couples turn to contractual agreements to try and bring clarity from the chaos.

Until Death Do You Part

Published on: December 22, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

When you make the decision to divorce, you might understandably believe that what once was a lifetime connection to your former spouse gets severed. Though it’s true the nature of your relationship will change in many ways, some official and legal, some not so much, it doesn’t always mean that you’re able to neatly part ways. In some cases, when a former spouse dies you might find yourself embroiled in issues you thought were safely in the past.

Illinois Implements New Rules To Simplify Divorce Process

Published on: December 6, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.

Lifestyles and Divorce of the Very, Very, Rich

Published on: November 4, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

Divorce is tough for almost everyone, but the Stephensons are having a particularly long and tumultuous time of it—with an emphasis on long. The multimillionaire founder of private hospital network Cancer Treatment Centers of America and his wife are now in their seventh year of divorce court and have finally reached the trial stage after failing to reach a settlement privately.

Are juries used in divorce trials?

Published on: October 13, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

For those only passingly familiar with the judicial system, it can be confusing to understand the process of a family law case. You may have heard that everyone has a right to a trial by jury, which would seem to indicate that the same is true when it comes to a divorce. Unfortunately (or fortunately, depending on your perspective), this doesn’t always apply across the board. To learn more about when and where juries can be used in a family law context, keep reading.

After Obergefell Part II: Same-Sex Divorce and Child Custody

Published on: June 23, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Note: This is Part II in a series examining the state of legal rights for same-sex married couples, a year after the U.S. Supreme Court recognized their constitutional right to marry. Part 1 can be found here.

Matters of Life and Death: After Obergefell

Published on: June 21, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

As the one-year anniversary to the U.S. Supreme Court’s recognition of same sex marriage has approached, numerous legal issues remain for same-sex families. The massacre in Orlando, Florida in the early hours of June 12 of this year reminds us of just how far LGBT+ equality has come, and how very far it still has to go. This is Part I in a series examining some of the legal issues still confronting same-sex married couples.

Why the timing of the Affleck/Garner divorce has piqued the interest of the legal community

Published on: July 15, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “When do you get alimony?”

Ben Affleck’s appearance at San Diego Comic Con this past weekend to promote his upcoming film, Batman v. Superman: Dawn of Justice, brought back memories of his previous attempt to portray a superhero on screen. In 2003, Affleck starred as the masked vigilante Daredevil in a movie that was widely panned by critics and fans alike. Overall, 2003 had to be a tough year for his fans; sitting through Daredevil, Paycheck, and Gigli within a twelve-month span would take its toll on anyone.