Charlotte

Debunking Myths Surrounding Prenuptial Agreements

Published on: February 20, 2019 | 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?”

Prenuptial agreements are more than a plot point in a movie, a line in a song, or the butt of jokes about those marrying above or below their financial status. Prenuptial agreements, often just called “prenups,” are a useful tool that couples preparing for marriage should seriously consider. However, some perceive prenups in a negative light and believe the myths about them permeating pop culture. It is important to gather all of the facts before believing everything you hear about prenups.

Three Major Issues in Family Law Cases

Published on: February 13, 2019 | On behalf of Arnold & Smith, PLLC

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

Every divorce and family law case is different because every family is different. There are different family dynamics, marital assets, and child custody disputes. While the specific facts of each case are different, there are commonalities among many family law divorce cases. The following are the three of the major issues that commonly arise in a divorce proceedings.

Child Testimony in North Carolina Divorce

Published on: February 6, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Most parents do not want their children to become pawns in a divorce. However, emotions are often running high in divorce and even the best parents can become blind to their own behavior. In divorce proceedings, most states allow the testimony of the child and his or her preference on what the custody arrangement should be. North Carolina is one of those states.

Social Media and Your Divorce

Published on: January 30, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Should I delete old posts or censor new posts while going through a divorce?”

Divorce is difficult. Suddenly, two people who have spent a portion of their lives, regardless of how long or short of a time, together are deciding to end their marriage and separate. Due to the personal nature of divorce, conflict and emotions can run high. It can be difficult to split up assets, reach a custody agreement, and come to a mutual decision on the best division of property. Each side wants what they want and will present evidence to help them get it. One type of evidence that is commonly used in divorce proceedings that you might not expect is social media posts. Social media can have a negative impact on your divorce. The following are some guidelines to social media to consider during divorce proceedings in North Carolina.

What is a Guardian Ad Litem?

Published on: January 23, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Divorce can be a difficult process that is made even more difficult when children are added into the mix. It is important for parents to look out for the best interests of their child, but sometimes the best interests of the child can get pushed to the wayside in the middle of a heated custody battle. This is where the North Carolina Guardian ad Litem (GAL) program comes into the picture. The GAL program is meant to “serve the best interests of thousands of children by assigning them guardian ad Litem volunteers.” The GAL program is in every county throughout North Carolina and strives to give each child a voice and the attention they need in the midst of a court case. A GAL can be used in other court cases besides divorce and custody disputes, but the focus of this discussion will be in custody agreements.

Do I Need a Postnuptial Agreement?

Published on: January 16, 2019 | On behalf of Arnold & Smith, PLLC

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

You have probably heard of a prenuptial agreement (“prenup”) – an agreement entered into by soon-to-be married couples to protect their assets. Prenuptial agreements are not the only agreements that couples have that can protect their assets. A postnuptial agreement (“postnup”) is entered into after a couple has already gotten married. A postnup can be just as important as a prenup. There are many reasons that a couple might want to enter into a postnuptial agreement.

What is Spousal Privilege?

Published on: January 9, 2019 | 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?”

Marriage brings about different experiences and problems that you might not face on your own, such as raising children, figuring out how to merge your finances, and many others. One thing that you might not expect is that your spouse could face criminal charges and the prosecution looking to you for testimony and evidence against him or her. Are you required to testify against your spouse? Spousal privilege is a doctrine that protects some communications between husband and wife.

Custody Mediation in North Carolina

Published on: January 2, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

One of the most difficult parts of the divorce and separation process is coming to a custody agreement. It is important to look out for the best interests of the child, but also take into consideration the parents’ feelings and ability to care for the child. As such, there are policies and procedures in place in North Carolina to make sure that child custody agreements are made in the best interest of the child by reducing conflict between the parents. Court can be stressful for all parties involved, especially children, mediation is an alternative way for parties to reach an agreement and avoid the stress of trial.

Can I Appeal a Family Law Order?

Published on: December 26, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

The reality of court cases is that there is likely to be one side that is happy with the result and one that is not as pleased with the result. We all know that criminal convictions are often appealed and even some civil suits are changed in appeal, but what about family law cases? Are there legal grounds of appeal in North Carolina family law cases? Yes, there are legal avenues for people to try to bring a family law case to the North Carolina Court of Appeals.

Handling Parental Duties During the Holidays Following a Divorce

Published on: December 19, 2018 | 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?”

The holidays are meant to be a happy time, filled with family and friends. However, parents that have recently divorced might be struggling to figure out how to handle their parental duties and still provide the loving, happy, and special environment that their children are accustomed to during the holidays. Even with the best intentions, though, divorced parents can find it difficult to put aside their personal feelings. The holidays might bring about more trips and “exchanges” of children between the parents, leading to higher tensions and more conflict. The best way for parents to keep the holiday special for their children is to put a plan in place to help them navigate this time and stay organized.