Equitable Distribution

Case Demonstrates Difference Between Separate vs. Marital Property

Published on: December 15, 2015 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina. Topics discussed include: How to choose a divorce lawyer? How long does a divorce take? How much does a divorce cost? When can a person get an annulment?

One of the most troublesome aspects of a North Carolina divorce can be the division of property. It’s difficult for a lot of reasons, legally, financially and even emotionally. People can become attached to items of property for sentimental reasons or want to deny them to a spouse out of spite. The division can also be difficult because the parties to the divorce both need money and want to walk away with enough to feel like they’ve gotten a fair shake. Another reason it can be complicated is because the law inserts itself into something very personal: dividing up a couple’s worldly possessions. This kind of intrusion can be very complicated and often lacks finesse. Keep reading to find out about a good example of such a division and the important lesson the story holds for those in the midst of a North Carolina divorce.

Changing Society Leads To Increase In “Twilight” Divorces In South Korea

Published on: December 1, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is there some property that the judge cannot divide?”

We’ve discussed before the trend in the U.S. concerning late-in-life divorce, despite the fact that the overall divorce rate appears to be declining, divorce among seniors and those in long-term marriages is rising rapidly. The trend of increased divorce later in life is apparently not limited to the U.S., but is spreading to Asia, specifically, South Korea. That country is undergoing important legal and social changes that have led to the increase. To find out more about “twilight” divorce, keep reading.

No pre-nup leads to costly divorce for celebrity chef Giada De Laurentiis

Published on: September 10, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Are overtime, bonuses, and commissions included in calculating child support?”

Last week, celebrity chef and restaurateur Giada De Laurentiis finalized her divorce from ex-husband Todd Thompson, and the divorce is going to be costly for De Laurentiis. The pair, who separated last year after 11 years of marriage, will share custody of their seven-year-old daughter, Jade Marie. De Laurentiis initially posted news of the divorce on her website in December, writing that their “focus on the future and overwhelming desire for [the] family’s happiness” gave them the strength to “move forward on separate, yet always connected paths.”

“Magic moment” to marry is really many magic moments, study says

Published on: August 11, 2015 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are not covered by child support?”

A Duke University researcher who set out to test whether the adage that unmarried parents are most receptive to the idea of getting married in the “magic moment” right after a child’s birth was true found out the post-birth magic lasts longer than a moment.

State considering loosening divorce laws

Published on: April 28, 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?”

Legislators in Maryland are considering changes to what the Hagerstown, Maryland Herald-Mail says is one of the nation’s most restrictive divorce laws.

Man faces jail time for making alleged threats against judge in his divorce case

Published on: April 23, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

A Texas man who accused a judge of conspiring with the Baylor University medical system and the doctor who testified in his divorce and child custody case is claiming his free-speech rights protect statements he made online and in telephone calls to the judge.

Litigant’s cancer diagnosis wins her second shot at divorce settlement, maintenance

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

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How will the judge divide our property?”

The Montana Supreme Court has sent a divorce case back to a trial court in Great Falls, Montana, to consider two post-trial motions brought by an ex-wife sick with breast cancer.

The ex-wife—Gail Patton—filed for divorce in March 2011. In September 2013, the District Court in Great Falls determined that the entire martial estate of Gail and her ex-husband Bill was just over one-million dollars.

Gail was awarded $99,296, but the net amount she received from Bill—after attorney’s fees—was $27,000.

The Pattons married in 1998. After their marriage, Gail’s health declined, and her left shoulder atrophied, leaving her with limited mobility. In addition, she suffered from debilitating knee and back pain and was diagnosed with post-traumatic stress disorder. To make matters worse, in May 2013 Gail was diagnosed with breast cancer.

After her diagnosis, Gail filed two motions, arguing that the less-than-ten-percent share she received of the marital estate should be increased to account for her medical bills. The District Court refused to rule on Gail’s motions, and in October 2013, the court adopted the recommendations of a standing master—a judicial official tasked with finding facts in cases and making recommendations to the court—awarding Gail a net total of $27,000.

“Smart” people capable of DIY divorce, writer says

Published on: December 23, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

The Huffington Post has identified what it describes as “a narrow group of smart, rational and reasonable individuals” who will join the flood of people all over the country starting the New Year by ending their marital relationships. It is, after all, the busiest time of year for divorce lawyers; however, these “smart, rational and reasonable” individuals will not be joining the flood of phone calls to divorce lawyers’ offices.

Diane L. Danois, J.D., says smart people don’t need divorce lawyers. First, she argues, much of family law is form-based, and most of the forms are available online at no cost. Even samples of Separation Agreements, Property Agreements and Custody Agreements can be found online and tailored—by “smart, rational and reasonable” individuals—to fit an individual couple’s needs.

As for property division, Danois says, financial affidavits guide couples through the steps of disclosing and labeling assets and liabilities. Smart people can figure out what martial property is, presumably. The assumption Ms. Danois appears to make, however, is that parties to marital relationships all have sharing, cooperative attitudes. Many people end up in my office, however, because of their spouses’ uncooperative and—at times—abusive and controlling attitudes. They need advocates to stand up for them because they feel intimidated by a spouse and by the legal system.

Of course, uncooperative, controlling, manipulative spouses would likely not fit under Ms. Danois’ definition of “smart, rational and reasonable” individuals, so perhaps the couples in need of divorce lawyers—by asserting the opposite of the premise—are those which feature at least one spouse who is uncooperative, or not “smart.”

Florida’s first same-sex Divorce best holiday gift ever, ex-spouse says

Published on: December 16, 2014 | 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?”

Heather Brassner’s marriage ended five years ago, but she was only able to get a Florida judge to sign off on her divorce this past Wednesday.

In so doing, Brassner, her now ex-wife Megan Lade and Broward County Circuit Judge Dale Cohen made history. The Brassner-Lade divorce marks the Sunshine State’s first same-sex divorce.

Brassner’s attorney, Nancy Brodzki, called Judge Cohen’s ruling historic, telling the Associated Press that while this is Florida’s first same-sex divorce, it will not be the last. As the Washington Post reported Monday, Columbia University statistics professor Andrew Gelman analyzed statistics comparing same-sex and traditional marriages and concluded that “the dissolution rate of same-sex marriages seems comparable to, not lower than, the divorce rate of traditional marriages.” Previous analyses had provided that the same-sex divorce rate was lower than the traditional marriage divorce rate.

Any way you slice the numbers, according to Gelman, results in lots of divorces—same-sex and traditional.

Brodzki may expecting more same-sex divorce business in Florida, but before she takes any more clients over the divorce finish line, she may have to fight Florida’s Attorney General Pam Bondi in court.

Mistress says she can keep engagement gifts because her adulterous lover was married

Published on: December 5, 2014 | 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?”

New York real-estate investor Robert Rothenberg has threatened to sue his 35-year-old former lover—the Israeli singer and actress Ayelet Argaman—accusing Argaman of swindling him out of lavish gifts made in contemplation of marriage. Really, Rothenberg says, Argaman was leading him on and using him for his money.

Argaman—who has appeared in minor roles in television series including The Sopranos and Law & Order—said she and Rothenberg began dating in September 2013. Rothenberg—20 years Argaman’s senior—lavished his young lover with $1.3 million in gifts, including a $100,000 per-month stipend for expenses.

Rothenberg forwarded Argaman emails from Rabbis praising him for being a “charitable religious man.” He also promised he would use his connections to get Argaman’s album produced. Argaman disclosed messages detailing Rothenberg’s efforts at wooing her. While he acknowledged that Argaman probable wanted “a younger version of himself,” he posited that “God works in ways we don’t understand” and that Argaman’s “softness, depth and soul” intrigued him.

Rothenberg stepped up the wooing this past spring, purchasing a $1.4 million one-bedroom apartment in Trump Palace on Manhattan’s Upper East Side for Argaman. He later signed an agreement granting Argaman a 60-percent share in the holding company that owns the apartment. Under the agreement, Argaman would have the option to buy out Rothenberg’s 40-percent share if their relationship did not last until May 2015.

It didn’t, and now Rothenberg wants the apartment back.