Divorce process

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.

Divorce Selfie Goes Viral

Published on: September 2, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Lawyer Matt Arnold answers the question “What rules are there for Father’s Right in NC?”

A Canadian couple recently grabbed headlines after snapping and sharing what has since been dubbed a “divorce selfie”. The picture, of the two smiling together outside a courthouse, was meant to serve as a reminder to others that divorce does not have to be terrible and can be done with grace and kindness, sparing each other and the children in the process.

Bill introduced to establish private, non-judicial divorce system

Published on: March 17, 2015 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can you guarantee I will get the resolution I want?”

Two Minnesota State legislators say the very idea of divorce implicates the court system, and that implication leads to another, critical assumption: that parties to a divorce case are adversaries.

Perjury in divorce case wins police chief a criminal conviction, costs him his job

Published on: February 26, 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?”

In divorce court, as in any court, litigants must tell the truth. If they do not—aside from damaging their own case—they may face charges for perjury or contempt of court, and the fallout from telling untruths under oath may extend well beyond the courtroom, as a recent case involving a Louisiana police chief has underscored.

The chief in question is Lafayette, Louisiana Police Chief Kenny Vines. On January 20, Circuit Judge Ray Martin held Vines in contempt of court after determining that Vines had presented false documents to the court during his divorce case. Judge Martin fined Vines $100 and ordered him to serve a five-day jail sentence, although the jail sentence was suspended on the condition that Vines pay the fine.

The Fifth Circuit District Attorney’s office convened a grand jury to consider whether Vines should be charged with perjury in connection with false statements Vines made about the divorce documents while under oath. Last Friday, a Chambers County grand jury indicted Vines on perjury charges. As soon as Vines was informed of the indictment, he entered into a plea agreement with prosecutors.

According to a statement released on Monday by Fifth-Circuit prosecutors, Vines pled guilty to second-degree perjury and the perjury charge arose out of statements Vines had made to the Circuit Court while under oath. Vines was sentenced to six months in prison, but the sentence was suspended on the condition that he complete twelve months of probation.

Divorce mediator shares what she wishes she had known before her own divorce

Published on: January 29, 2015 | On behalf of Arnold & Smith, PLLC

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 longtime divorce mediator thought she was as prepared as anyone could be when the storms that brought on her own divorce rolled in. Now the mediator—Nicole Feuer—is urging couples who are contemplating divorce to think hard about issues the divorce solution will not resolve and the pains that the divorce process may inflict.

A spouse may be so far beyond that proverbial third strike that one could not imagine ever patching things up. One may even feel indifferent regarding whether one ever has to interact with a spouse again. Maybe one would be happier if one never saw one’s spouse again.

If one has children, however, one may be forced to deal with one’s ex spouse. Feuer reminds those considering divorce that the bad behaviors that drove one to divorce an ex do not disappear just because of the divorce. In fact, an ex spouse may be more prone to seek to push one’s buttons after a divorce than beforehand or during the divorce process.

What can one do? Feuer encourages divorcees to “let it go and not let it get to [one] anymore.” That may be easier said than done, Feuer says, but holding on to anger towards an ex spouse can damage a person emotionally, spiritually and even physically. One cannot change who an ex spouse is, how someone behaves or what someone has said or done. One can, however, learn to let go of the past and move beyond one’s anger. In fact, Feuer says, one must move beyond one’s anger to enjoy the fruits of a post-divorce life.

Mediator says those considering divorce need to face the music

Published on: January 20, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “My wife and I are not getting along If I leave the house, can she get me for abandonment?”

A well-known divorce mediator is encouraging people who are considering divorce to dispense with some common myths before taking the proverbial leap away from and out of marriage—especially if the marriage involves children.

To be frank, divorce mediator Debra Macleod says anyone considering divorce needs to stop lying to oneself about the effect the process will have on children—and on oneself.

First and foremost, if a person thinks divorce is going to solve all of one’s problems—even one’s problems with a (soon-to-be-ex) spouse, one may have another thing coming. In fact, being divorced may introduce a whole new host of heretofore un-encountered issues with one’s (now ex) spouse.

Now that you are divorced and sharing custody of your children, you have to contend with your ex-spouse’s new boyfriend or girlfriend. You now “have no control over the strangers that waltz in and out of your child’s life.”

And that’s a shame—a shame for you but more so a shame for the child who brought none of this upon oneself. Macleod says most divorces are caused by the mixing of “two self-focused, short-sighted adults who wallow in their own misery” and who don’t spend enough time thinking about others—namely their kids.