Divorce

Court says herpes is reason enough to divorce

Published on: November 1, 2016 | On behalf of Arnold & Smith, PLLC

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

Everyone knows there are lots of reasons why a marriage might come to an end. Money problems, infidelity, health issues, disagreements about how to raise the kids, career stress, you name it. Though there are lots of causes, most people choose the lower conflict no-fault route when seeking their divorce. Even if a partner cheated on the other, most people filing prefer to avoid the mess of accusing the other party of misdeeds and instead say that the marriage ended due to no one’s fault. Though most people may prefer the quieter approach, some occasionally like to name names.

Should I Get a Religious Annulment?

Published on: October 6, 2016 | On behalf of Arnold & Smith, PLLC

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

Note: This blog discusses the procedure and effects of a religious annulment, and how it differs from a legal annulment. Because the Catholic Church is by far the most common institution to provide/necessitate religious annulments, we have limited the discussion in this post to Catholic annulments for simplicity’s sake, but acknowledge that other institutions may have other procedures and views on the issue.

When it comes to prenups, let ‘Brangelina’ be an example

Published on: September 28, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

Though initial reports indicated that Brad Pitt and Angelina Jolie did not have a prenuptial agreement, that appears to have been inaccurate. Various papers are now reporting the two signed an agreement before marrying which lays out how their assets will be divided in the event of an eventual divorce. Though some feel the approach may not be the most romantic, it’s certainly useful, especially in the case of Brad and Angelina who some experts believe have a combined marital estate worth upwards of $400 million.

The Implications of the Brangelina Split

Published on: September 20, 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?”

Over the weekend, news broke that “Brangelina”, the portmanteau for Brad Pitt and Angelina Jolie’s relationship, has come to an end. The news came as a shock to many given the couple’s seeming happiness and history together. Though fans continue to grieve the demise of arguably the world’s most famous celebrity coupling, divorce attorneys have begun to ponder what might occur during the upcoming divorce? Will it be a public battle or a private one? Will the fight be over money? How about the kids? To learn more about what experts expect out of the Brangelina split, keep reading.

Can A Person Be Too Incompetent To Divorce?

Published on: September 6, 2016 | On behalf of Arnold & Smith, PLLC

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

We’ve all heard that there are restrictions on marriage. For instance, those who are closely related may not be able to legally married, same with young people under a certain age. Another restriction on marriage has to do with mental competence; a person who has been deemed incompetent cannot validly enter into a legal marriage. The question before the Kentucky Supreme Court is whether such a restriction should apply in reverse: can a person be too incompetent to legally divorce?

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.

Serving your spouse online? Divorce courts increasingly say it’s possible

Published on: August 16, 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?”

If you’re preparing for a North Carolina divorce, you likely realize the first step will require formally notifying your spouse of your decision to end the marriage. This step is known as serving notice. Typically service takes place in person, by hiring a process server or local law enforcement to deliver the necessary documents. In cases where the person is difficult to locate it can be possible to serve notice by other means, including by certified mail. In the worst cases, where spouses appear to have vanished without a trace, publishing a notice in a local newspaper can suffice. But what about social media? Increasingly, social media is being viewed as possible means of effecting service. To find out more about the possibility of using Facebook or Twitter to start your divorce, keep reading.

The Service (of Process) Issue: Divorce in Military Families

Published on: August 2, 2016 | On behalf of Arnold & Smith, PLLC

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

Divorce can be a complicated affair for any family, but for military families, the matter can be even more complex. It should go without saying that military families in general face unique challenges that civilian families do not; deployment and placement elsewhere on duty means that military parents and their children must grow used to being away from each other for extended periods of time. However, no matter how accustomed to physical separation a military family may grow out of necessity, many are not prepared for the more permanent fissure of divorce.

Different approaches for handling your North Carolina divorce

Published on: July 12, 2016 | On behalf of Arnold & Smith, PLLC

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

Many people view divorce as a one-size-fits-all process. They imagine filing papers and appearing in court and talking to lawyers and taking the stand, all the things that have been shown on television and in movies. The reality is that divorce is as varied as relationships and that each one happens somewhat differently. Though contentious litigation is certainly one approach, it isn’t the only one. To learn more about different ways of handling your divorce, keep reading.

Judge Issues Custody Order Barring Golf Practice

Published on: June 28, 2016 | 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?”

As anyone who has ever been through a divorce with children knows, custody is almost always the thorniest issue to be resolved. Though it can be difficult to reach agreement with a spouse privately, it is often better to try this rather than hand your case over to a judge to decide. A recent custody decision out of Virginia illustrates this point well, with the judge handing down what many view as a bizarre order which says that the girl at the center of the custody dispute is prohibited from practicing or playing golf.