Charlotte

Dividing legal awards in a North Carolina divorce

Published on: July 26, 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?”

One of the most difficult parts of a divorce can be agreeing to an equitable division of marital property. There are many components of the financial pie that need to be accounted for, including the house, the cars, the bank accounts, retirement funds, stocks, bonds and personal property. Another asset, and potentially a valuable one, that many people may not think of are legal judgments, specifically personal injury awards and settlements. In some cases, these can be worth hundreds of thousands of dollars and represent a sizable share of a couple’s assets. The question is, are these judgments marital property or do they belong to the injured party? To find out more, keep reading.

Different approaches for handling your North Carolina divorce

Published on: July 12, 2016 | On behalf of Arnold & Smith, PLLC

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

Many people view divorce as a one-size-fits-all process. They imagine filing papers and appearing in court and talking to lawyers and taking the stand, all the things that have been shown on television and in movies. The reality is that divorce is as varied as relationships and that each one happens somewhat differently. Though contentious litigation is certainly one approach, it isn’t the only one. To learn more about different ways of handling your divorce, keep reading.

Rhode Island Court Recognizes Common-Law Marriage

Published on: July 5, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I sue someone for breaking up my marriage?”

Many people have heard about common-law marriage, believing incorrectly that if you only live with a person for a certain number of years you can become legally married despite never going through the formal steps. While common-law marriage does exist, it does only under very limited circumstances and only in a small number of states. In fact, these days a variety of legal hurdles have been constructed to ensure that it is very rare for a court to acknowledge the validity of a common-law marriage.

One Year After Obergefell, Challenges Remain

Published on: June 16, 2016 | 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?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

New Jersey Court Says Divorce Not Grounds For Termination

Published on: June 14, 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?”

Going through a divorce can be a difficult time for most people. You’re faced with the dissolution of your marriage, the division of your property and must now move forward and build a new life different from the one you might have long intended to have. Though many aspects of your life will experience change following a divorce, one area that is usually a welcome constant is your job. After all, why should your marital problems impact your employment?

Keep Insurance In Mind After Divorce Is Finalized

Published on: May 24, 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?”

Insurance may not be one of the first things that crosses your mind if you’re in the midst of or recently emerging from a North Carolina divorce. Though insurance may not seem pressing, the reality is that it can prove quite important given that emergencies seldom come with advance warning. To ensure that you are fully protected and insurance proceeds go where you intend them to go, spend some time after your divorce making sure to get your insurance affairs in order. For ideas on what to watch out for, keep reading.

Beware of the Quickie Foreign Divorce

Published on: May 19, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Prior to and during the 1970s, the so-called “Mexican divorce” was having something of a moment. Fed up with the lengthy and expensive divorce process in the United States, couples from the States would pop across the border for a quickie divorce proceeding, without the lengthy waiting periods required in many states. Mexico wasn’t the only country host to many a drive-through divorce proceeding; they became popular in a host of Central American countries, particularly the Dominican Republic, as well as the Caribbean islands.

When dividing property in a divorce, don’t forget about intellectual property

Published on: May 17, 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?”

If you’re preparing for a North Carolina divorce, you likely know to take your house, cars, bank accounts and retirement funds into consideration before dividing assets. These are the kinds of things that everyone thinks about when they think of property. They’re tangible and easy to identify. While it’s crucial that these easier items be accounted for, it’s just as important to remember those more complicated bits of property, including intellectual property, as they can end up being very valuable down the road and can provide important income to fund your future.

Friend Acted as Agent, Did Not Destroy Attorney-Client Privilege in NC Divorce Case

Published on: May 3, 2016 | 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?”

The attorney-client privilege can be an almost sacred right for either party in a divorce proceeding. Knowing that the private communications you have with your attorney about your case stay sacrosanct fosters candor and peace of mind in the relationship you have with the person representing you on such a personal case. This in turn allows your attorney to better prepare for your case. Similarly, the work product privilege protects materials prepared in preparation for litigation. These two immunities protect information from being produced (through documentation or testimony) via discovery from the opposing side. In any given divorce or family law case there can be facts, confidences and strategies that you do not want shared with your (soon-to-be former) spouse’s side and argued against you in court.

There’s No Doubt About It: Gwen Stefani’s Recent Divorce Shows the Power of Settlement Agreements

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

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

Divorce is almost always a difficult, drawn-out event for those not living as celebrities. Of all high-profile divorces, those in Hollywood tend to be especially histrionic. So when a divorce involves one of music’s power couples and a love triangle within the same reality television singing competition, you expect the colors to really fly.