Divorce process

Mississippi Supreme Court To Decide Whether Divorce Law Is Constitutional

Published on: October 18, 2017 | On behalf of Arnold & Smith, PLLC

How should I prepare if I intend to file for divorce in the near future?

Advocates for families and, specifically, victims of domestic violence are making their opinions heard in a Mississippi divorce case that will soon be decided by the state Supreme Court. Opponents of the status quo argue that Mississippi’s laws are antiquated and in desperate need of an overhaul. Of particular interest is the state’s lack of a unilateral no-fault divorce option, something that critics say traps spouses in bad relationships for years longer than necessary, holding them hostage to the whims of controlling and potentially abusive partners.

Public Outcry Prompts Mississippi Legislator To Backpedal

Published on: March 15, 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?”

It’s been a rough few weeks for a relatively obscure member of Mississippi’s legislature. Andy Gipson was, until earlier this month, seldom on the national news radar. That changed as the state legislature has taken steps to try and address severely antiquated laws surrounding the divorce process. Two different legislators put forward two different measures to try and reform the backwards laws and both were killed before making it to the full chamber by Gipson. His actions resulted in a swift response from critics, with reports indicating that Gipson was deluged in phone calls, emails and social media posts by those who disagreed with his tactics.

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.

The strange world of family law in India

Published on: November 22, 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?”

Recently released statistics from the National Center for Family & Marriage Research indicate that Americans are increasingly less likely to divorce. The numbers reveal that the divorce rate is at its lowest level in more than 35 years. Though the rate in the U.S. may be low, it’s nowhere near as low as it is in India. A recent New York Times article explored some of the bizarre and interesting legal obstacles couples in India must combat if they want to end their marriages.

Divorce May Breed Defamation, But Is It Worth Trying to Sue Over It?

Published on: August 30, 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?”

The process of divorce is inarguably one of the most stress-inducing times of a person’s life. Hurt feelings, finger-pointing and angry words are almost inevitable in any case that seeks to legally end a relationship.

French Lawmakers Consider Speeding Up Divorce

Published on: May 10, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How does custody work if one parent moves internationally?”

A common complaint from those currently going through or recently emerging from a North Carolina divorce is that the whole process simply takes too long. Meeting with lawyers, filing the necessary documents, dealing with custody, agreeing to a settlement and getting everything finalized can take time, sometimes a long time. The problem of a slow divorce process is apparently not unique to the United States, as French citizens have complained and lawmakers are considering taking action to speed the process along.

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.

New Hampshire Court Says Judges Can’t Undo a Divorce

Published on: December 22, 2015 | On behalf of Arnold & Smith, PLLC

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.

Divorce And Its Impact On Your Job

Published on: December 8, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Does adultery affect my divorce case?”

It’s common for people to think through the potential impact a divorce could have on their lives. For instance, would the divorce cause problems among family members or force friends into an awkward spot? Something most people wouldn’t think about is how the divorce may impact them at work. However, that’s precisely the subject of a recent New Jersey Supreme Court case, which delved into the impact that a divorce can have on your job.

What Do Children Think About Divorce?

Published on: November 24, 2015 | On behalf of Arnold & Smith, PLLC

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 recent survey conducted by a British family law organization, Resolution, shed light on the divorce process by revealing some interesting statistics. Importantly, and unusually, the survey did not focus on the adults, but instead surveyed children, asking them their thoughts on divorce and ideas about what parents can do to make the process easier on the kids. Specifically, the group focused on hundreds of young people between the ages of 14 and 22 whose parents had gone through a divorce. To find out more about what the survey revealed about children and divorce, keep reading.