Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”
As the number of days remaining until the election continues to dwindle, the media has been eagerly uncovering every bit of information it can get its hands on concerning the two candidates. Though we seem to know so much about Trump and Clinton given their many decades in the public spotlight, the reality is that some things have been able to remain hidden. Though many reporters have been working to get a hold of Trump’s tax returns, a few newspapers have also sought another unpublished record: Trump’s divorce documents.
Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”
Several recent articles and blogs have highlighted a topic that many divorce attorneys and clients alike forget to keep in mind: the ways in which introverts handle issues like heartbreak and divorce differently.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” If I remarry, can they look at my new spouse’s income?”
It isn’t uncommon for couples in the midst of a divorce to have second thoughts, wondering whether the decision was actually the right one. The good news is that should you change your mind, you have the ability to backtrack and, up until the moment the divorce is finalized, you can withdraw your petition for divorce. It can be comforting for some people to know that the process, once put into motion, can still be stopped. However, a recent ruling from the New Hampshire Supreme Court demonstrates that there’s a limit to when the divorce can be undone. Keep reading to find out more about the limits judges have when undoing a divorce.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”
For years, as the push for same-sex marriage gained steam across the country, several states tried another option, a kind of middle ground between denying all rights to marry and fully embracing same-sex marriage. These states passed laws allowing for civil unions. In the flurry of activity since the Obergefell v. Hodges decision this past June, there has been very little discussion of what happens to civil unions and those who are united in civil unions.
Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”
Splitting household chores equally seemed like a good idea at the time, but that was before the divorce. How could one have known that splitting chores increased the odds of getting divorced?
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”
Attorneys have long used Facebook and other social-media sites to compile evidence in divorce cases. Married users by the thousand have found out about their spouses’ cheating hearts through decidedly unceremonious Facebook status updates.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”
Legislators in Maryland are considering changes to what the Hagerstown, Maryland Herald-Mail says is one of the nation’s most restrictive divorce laws.
Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How can an attorney help me with my Divorce or Separation in North Carolina?”
A Louisiana man, Anthony Lowery, has brought suit against Divorce Source, Inc. seeking return of $299 he paid the company for preparation of a divorce petition.
Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”
A spouse’s cruel words and outrageous treatment drove you to a divorce attorney in the first place, but now the divorce attorney is telling you the cruel treatment no more matters to your case than whether you broke your leg skiing or broke it getting hit by a car.
The point is, the leg is broken.
In medicine, of course, the answer is the fix the leg. In the world of marriages, a common answer to a couple’s problems—the opposite of fixing it—is to get a divorce. Many couples who arrive at this point turn to the legal system to find something they never experienced in their marriage: justice.
A family law attorney writing for the Buffalo Law Journal has a warning for justice seekers: In the family law courts, it’s business, not personal.
Family law attorney Steven Wiseman says courts use guidelines to render decisions on matters like child support and spousal maintenance. Courts have some discretion to deviate from these guidelines, but the fact that a spouse may have been “a lying, cheating, son of a you-know-what” is simply not relevant.
Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”
In North Carolina, the ultimate arbiter of custody is the District Court judge. The District Court judge is vested, by statute, with the authority to determine who should have custody of a child and the terms under which custody shall be exercised.
Of course, the decisions of a District Court judge are subject to appeal, but when parties do appeal a District Court decision and one of the state courts of appeal decides to entertain the appeal, those courts frequently uphold the decisions of District Courts, and if they do not, many times they simply clarify the manner in which a judge should have considered the case and send it right back to the District Court to consider the case anew.
A party’s presentation regarding custody is made in District Court, and the person a party needs to convince is the District Court judge. Many parties believe a good way of convincing a District Court judge that they should have custody of a child is to have the child testify before the court. After all, who better knows what is in one’s best interest than oneself?
The problem with that ideas is that minor children are considered “infants” or “incompetents” under North Carolina law. Minor children do not have the capacity, for instance, to enter into contracts. A court will not take a proposal to allow a minor child to testify lightly. A judge will likely conduct a hearing to consider whether testimony would be appropriate in a particular case, and if so, what measures or protections may be afforded to the child while testifying.