charlotte divorce lawyer

In a rare move, Supreme Court agrees to hear divorce case

Published on: March 22, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

When you think of Supreme Court cases, you typically imagine the big ones, cases like Brown v. Board of Education or Miranda v. Arizona. Though it’s true that the Supremes usually only involve themselves in the bigger disputes, there are times when they choose to wade into more run-of-the-mill matters. A recent case argued before the court illustrates just that and concerns principles of equitable division; more specifically, how pension payments are divided during a divorce.

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.

Jesse Jackson Jr. Serves Imprisoned Wife with Divorce Papers; Case Proceeds

Published on: December 20, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Of all the things that can cause a marriage to sour, the former Rep. Jesse Jackson Jr.’s 25-year marriage to his wife Sandi Jackson had survived many of the big ones.

Is A Religious Deathbed Marriage Valid for Estate Planning Purposes?

Published on: October 25, 2016 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

A bedside marriage ceremony conducted one day before the husband’s death is valid, the North Carolina Court of Appeals ruled this June—even though the couple never obtained a marriage license, and the pastor officiating for the ceremony only intended the rites to be religiously symbolic.

Can your spouse make millions from your wrongful incarceration?

Published on: October 20, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.

Everyone knows it can be contentious trying to reach a mutually agreeable divorce settlement. The parties often have completely opposite interests and view the divorce division of assets as a zero sum game. Given this competition over finite resources, it isn’t surprising to see couples bickering over even minor assets, making sure in each case that they are getting their fair share.

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.

Should I Get a Religious Annulment?

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

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Note: This blog discusses the procedure and effects of a religious annulment, and how it differs from a legal annulment. Because the Catholic Church is by far the most common institution to provide/necessitate religious annulments, we have limited the discussion in this post to Catholic annulments for simplicity’s sake, but acknowledge that other institutions may have other procedures and views on the issue.

Can A Person Be Too Incompetent To Divorce?

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

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

We’ve all heard that there are restrictions on marriage. For instance, those who are closely related may not be able to legally married, same with young people under a certain age. Another restriction on marriage has to do with mental competence; a person who has been deemed incompetent cannot validly enter into a legal marriage. The question before the Kentucky Supreme Court is whether such a restriction should apply in reverse: can a person be too incompetent to legally divorce?

Divorce Filings Spike After Vacation

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

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Most people spend all year looking forward to vacation. It’s a time to relax, unwind and enjoy the company of loved ones. Vacations would also seem to be a perfect opportunity to strengthen your relationship, a chance for one-on-one bonding and increased communication. Though many people hope that vacations will shore up shaky marriages, a recent study by researchers at the University of Washington indicates that marriages are more likely to be undone by a vacation.

Judge Issues Custody Order Barring Golf Practice

Published on: June 28, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

As anyone who has ever been through a divorce with children knows, custody is almost always the thorniest issue to be resolved. Though it can be difficult to reach agreement with a spouse privately, it is often better to try this rather than hand your case over to a judge to decide. A recent custody decision out of Virginia illustrates this point well, with the judge handing down what many view as a bizarre order which says that the girl at the center of the custody dispute is prohibited from practicing or playing golf.