Divorce

Reasons to Consider a Prenup Before Marriage

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Prenuptial agreements often have a bad reputation. Marriage is “supposed” to be the union of two people who are in love and want to be married forever. When a prenuptial agreement is discussed, people often think of one spouse who is financially better off protecting his or her money in the event that the marriage ends in divorce. They think that it is a sign that the marriage will not last or be successful. This is not true. A prenuptial agreement (“prenup”) is a contract entered into before marriage that will serve as a guide in the event that a divorce happens. While people do not want to think that their marriage will end someday, it is smart to plan for all contingencies and possibilities.

An Explanation of Collaborative Divorce in North Carolina

Published on: July 11, 2018 | On behalf of Arnold & Smith, PLLC

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

Going through a divorce can be tough. You are ending a relationship and declaring that you wish your legal marriage be terminated. The very nature of a relationship ending can lead to heightened emotions and turmoil during the divorce process. In an effort to avoid contentious divorces, be mindful of your options; there is an alternative to the traditional contentious divorce proceeding. Couples can decide to engage in a collaborative divorce proceeding.

Cheating and Divorce

Published on: July 4, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

As a former mayor of New York City and attorney to the President, Rudy Giuliani is no stranger to being in the press. Recently, he has made the headlines, not for his political career or attorney work, but for a divorce to his soon to be ex-wife. His ex-wife has recently made allegations that he was having an affair during their marriage, according to the Washington Examiner.

The Impact of Adultery on Divorce

Published on: June 20, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

The act of adultery of one or both spouses is one of the biggest reasons that couples get divorced. North Carolina is a no-fault state in regards to divorce. This means that the spouse who files for divorce is not required to prove that the other spouse is at fault for the divorce. In some states, adultery is one of the “faults” that a spouse can cite as a reason for divorce. This is not true in North Carolina. Nevertheless, adultery can have an impact on a divorce. Alimony payments, child custody, and property distribution can all be affected by adultery.

Can My Ex-Spouse Take Our Children Out of State?

Published on: June 13, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are not covered by child support?”

Divorce is difficult. You and your soon-to-be ex-spouse are thrust into figuring out marital assets, spousal or alimony payments, and often coming to child custody agreements. Parents want what is best for their children and tend to be sensitive to their children’s feelings and needs during a divorce. In some cases, one of the spouses might want to move out of state. In those instances, there are special considerations for the children involved, which depend on the custody arrangement and any restrictions set forth by the applicable statute.

Dangerous Myths About Prenuptial Agreements

Published on: May 30, 2018 | On behalf of Arnold & Smith, PLLC

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

Most engaged couples are not thinking that their marriage will end in divorce. However, many couples enter into prenuptial agreements to protect their assets in the event the marriage should end in divorce.

Child Custody in North Carolina

Published on: May 16, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What rules are there for Father’s Right in NC?”

Divorce can be confusing and difficult for all parties – the spouses, children, family, friends, etc. However, one of the biggest concerns spouses have when facing a divorce is the impact it will have on their children. In addition to impacting a child’s overall well-being, child custody arrangements must also be decided during divorce proceedings.

Philippines Moves One Step Closer To Allowing Divorce

Published on: April 11, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

Divorce, though seldom celebrated, is a process taken for granted by many in the United States and other countries around the world. Though few people begin a marriage intending to divorce, if the time comes and a relationship deteriorates, it is a very good thing that there are legal methods to unwind a bad marriage. This allows the couple to go their separate ways, freeing up both to be happier on their own rather than forcing them to continue being miserable together.

U.S. Supreme Court Refuses To Hear Challenge To Gay Parental Rights Case

Published on: March 7, 2018 | 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?”

The U.S. Supreme Court recently handed down an important victory for supporters of gay parental rights. How did they do that? By remaining silent. The case before the court concerned a lesbian couple in Arizona fighting over custody of their son. The case has been slowly making its way through the court system for years. An appeal was filed to the U.S. Supreme Court after a landmark decision last year by the Arizona Supreme Court, which abolished discrimination between gay and straight couples under state law. The worry by some was that the U.S. Supreme Court would agree to hear the case and potentially disagree with the state court. That did not happen, instead, the Court rejected the appeal, giving no reason for the decision.

Important Changes for Divorced Couples in New North Carolina Financial Power of Attorney Law

Published on: February 14, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

Estate planning is something that many couples fail to take seriously until it is too late. It is common for people to think they are too young or too busy or too poor to bother to construct a plan to protect their family in the event something bad happens. The reality is that an estate plan can benefit almost everyone, regardless of age or income. Bad things can happen to anyone and when they do, they often happen without warning.