Divorce

Louisiana Legislators Come Together To Ensure Divorce Process Remains Slow

Published on: April 26, 2017 | 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?”

A routine complaint about divorce is that the process can be a time-consuming one. You have to jump through legal hurdles that take time and cost money, waiting each step of the way for the other side to have time to review and respond. You wait on court dates and on meetings. In some cases, you wait on mediation appointments or settlement negotiations. Bottom line, there’s a lot of waiting.

Do Certain Religions Lead To Higher Divorce Rates?

Published on: April 19, 2017 | 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?”

Religious conservatism is almost always associated with an emphasis on family values, especially the creation of strong and stable marriages. Churches do what they can to encourage congregants to marry wisely and then remain in those marriages until death do they part. Though religion is usually seen as a force that contributes to stable marriage, studies have come back with numbers that don’t always support such a notion. One especially famous study even showed that certain religious traditions have noticeably higher divorce rates than others.

Judge In UK Decides One Man’s Genius Isn’t Enough To Alter Even Split Of Marital Assets

Published on: April 12, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

One of the most contentious issues in a divorce involves dividing a couple’s assets. As the process almost always reveals, people put a lot of stock in their possessions and often view the division, who gets what, as a kind of judgment of their contribution to the relationship. This is why in some cases it matters a great deal to one party whether they walk away with 45, 50 or 55 percent. Though the amount itself may not matter, the idea that their contribution has been appropriately acknowledged does.

Pet Custody Gets Another Push

Published on: March 30, 2017 | 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?”

People often discuss how when divorce happens, children can wind up caught in the middle. It’s true, children are sometimes used as pawns, with one parent attempting to deprive the other of time with the kids as a way of exacting revenge. Parents caught in a terrible struggle can lose sight of the best interests of the children, letting their own hurt feelings cloud their better judgment.

What happens if your spouse simply refuses to follow the divorce decree?

Published on: March 8, 2017 | 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?”

Though no divorce is fun, some divorces can become especially nasty. In these cases, one common cause is that one party is opposed to the divorce and wants to try and hold onto the marriage, forcing the other to drag him or her kicking and screaming every step of the way. In other cases, it’s simply that the uncooperative spouse is controlling and used to getting his or her way. A divorce, especially one not on their terms, comes as a shock to the system and it can encourage sometimes horrifying displays of stubbornness.

Indian lawmakers consider tackling unusual problem: instantaneous divorce

Published on: March 1, 2017 | 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?”

One of the most common complaints about divorce is that the process takes so long. Between waiting periods to file, the slow court process and uncooperative spouses, it can take months or longer for a divorce to make its way through the legal system. As a result, some states have begun to take action to speed things up. Mandatory wait times are being decreased and processes are being streamlined, especially in cases where there are no children. Though increasing speed is important in the U.S., lawmakers in other countries are desperate to slow things down.

Family Court Judge Gets Reprimanded For Discriminating Against Couples With Kids

Published on: February 7, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

Going through a divorce with kids can be incredibly difficult. Divorce is bad enough as it is, but the added stress of worrying how the divorce will impact your kids, the pain of creating new routines, of dividing parenting responsibilities and of creating a visitation arrangement that’s workable, is even harder. Given how difficult divorce with kids already is, it’s certainly not helpful for a judge to actively attempt to make the process even worse. This what appears to have happened recently in Kentucky, where one family court judge was recently reprimanded for treating divorced couples with children differently than those without.

Taxes and spousal support

Published on: January 17, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

A recent article in the Chicago Tribune discussed the sad case of the divorce of the founder of the Cancer Treatment Centers of America. He and his wife have been embroiled in a dispute for more than eight years now and continue to fight about what share of the marital estate his wife is entitled to. The woman is asking for more than $400,000 a month in spousal maintenance, an astronomical sum to most people. One of her arguments supporting such a figure is the idea that taxes take a big bite out of what she’s already received and she needs more to comfortably pay her bills.

Pets as property?

Published on: December 29, 2016 | On behalf of Arnold & Smith, PLLC

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

A recent divorce case in Canada dealt with the thorny issue of what to do with a pet after a divorce. The couple in question had three dogs and the wife had asked that she be given custody of all the pets, but requested that the judge grant visitation for 1.5 hours each week to her ex-husband. Though this might seem like a fair compromise, the judge presiding over the case took the opportunity to clearly lay out why he believes courts have no business intervening in such matters.

Until Death Do You Part

Published on: December 22, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

When you make the decision to divorce, you might understandably believe that what once was a lifetime connection to your former spouse gets severed. Though it’s true the nature of your relationship will change in many ways, some official and legal, some not so much, it doesn’t always mean that you’re able to neatly part ways. In some cases, when a former spouse dies you might find yourself embroiled in issues you thought were safely in the past.