Family Law

Hiding Assets During A Divorce

Published on: May 10, 2017 | On behalf of Arnold & Smith, PLLC

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

Anyone who knows anyone who has been through a divorce understands that the process can bring out the worst in people. The stress, emotional and financial, can cause the best of us to act in ways we otherwise wouldn’t. Emotions such as fear, anger and betrayal can lead to lashing out and other types of vindictive behavior. Though it’s understandable, there are limits that should be kept in mind to avoid running into trouble with the law.

Experts Say Postnuptial Agreements Are Increasing In Popularity

Published on: May 3, 2017 | On behalf of Arnold & Smith, PLLC

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

Though you’ve likely heard of a prenup, either from a friend, a relative or in popular culture, postnups aren’t nearly as common. Though a much newer invention, experts in the family law business say they’re beginning to catch on, with large numbers of family law attorneys reporting an increase in interest from clients. What is a postnup? How does it work? Is there any value? To learn more, keep reading.

Can Change In Circumstances Nullify A Prenup?

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

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

If you’ve ever played Farmville, then you played a part in making Mark Pincus a very rich man (a billionaire, in fact). Though his name might not ring a bell, his products likely do. Mark is the founder of a major videogame company known as Zynga, which is responsible for several big hits. His company has done quite well and Mark is now believed to be worth a little over $1.2 billion.

In a rare move, Supreme Court agrees to hear divorce case

Published on: March 22, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

When you think of Supreme Court cases, you typically imagine the big ones, cases like Brown v. Board of Education or Miranda v. Arizona. Though it’s true that the Supremes usually only involve themselves in the bigger disputes, there are times when they choose to wade into more run-of-the-mill matters. A recent case argued before the court illustrates just that and concerns principles of equitable division; more specifically, how pension payments are divided during a divorce.

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.

QDRO: The Forgotten Divorce Penalty

Published on: January 24, 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 recent article by Bloomberg dived deep into the world of post-divorce finance. It’s a subject that few people understand and even fewer are interested in learning about. Though dull, it can be quite important, especially when fees start to add up. Specifically, the article discussed a common charge that some in the family law world have dubbed the “divorce penalty”. What is it? A QDRO.

Critics Call On Chinese Courts To Tackle Child Snatching Problem in Custody Disputes

Published on: January 5, 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?”

Custody issues are among the thorniest for couples in the midst of a divorce. Though there can certainly be fights over money and dividing personal property, when it comes to the kids it can be vastly more challenging to reach compromise. This is why family law judges so often intervene in custody disputes, acting as a neutral third party with an eye towards the best interest of the child. Though the system is far from perfect, with parents routinely arguing that one or the other wasn’t treated fairly or should have received more visitation, it generally serves its purpose of looking out for children and fairly allocating custody and visitation among parents.

Younger couples use prenups for different reasons

Published on: November 10, 2016 | On behalf of Arnold & Smith, PLLC

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

Millennials continue to remake various institutions across the country, not the least of which is the institution of marriage. Millennials have already been shown to put off marriage to a much later age than previous generations, preferring to cohabitate rather than take the plunge. A recent study identified another area in which Millennials are different: their interest in prenuptial agreements.

Is A Religious Deathbed Marriage Valid for Estate Planning Purposes?

Published on: October 25, 2016 | On behalf of Arnold & Smith, PLLC

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

A bedside marriage ceremony conducted one day before the husband’s death is valid, the North Carolina Court of Appeals ruled this June—even though the couple never obtained a marriage license, and the pastor officiating for the ceremony only intended the rites to be religiously symbolic.

Are juries used in divorce trials?

Published on: October 13, 2016 | On behalf of Arnold & Smith, PLLC

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

For those only passingly familiar with the judicial system, it can be confusing to understand the process of a family law case. You may have heard that everyone has a right to a trial by jury, which would seem to indicate that the same is true when it comes to a divorce. Unfortunately (or fortunately, depending on your perspective), this doesn’t always apply across the board. To learn more about when and where juries can be used in a family law context, keep reading.