Iredell County

Court of Appeals Rules on Distribution of Property in Divorce

Published on: September 12, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

Deciding to file for divorce in North Carolina can be difficult. Not only are you dealing with the emotional ramifications that might come along with ending a marriage, but you are also faced with dividing physical property between you and your soon to be ex-spouse. Recently, the North Carolina Court of Appeals ruled on a divorce case with some issues surrounding the division of marital property.

Adult Adoption in North Carolina

Published on: September 5, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

When thinking of adoption, most people think about a young child being adopted by a family that is going to take care of him or her for the rest of the child’s life. Not often does someone first imagine an adult is being adopted. Adoption does not have to be of someone under the age of 18. The number of adult adoptions that occur throughout the county each year is not available because that is not a statistic that is tracked nationally. Regardless of the statistics, it can be useful to know the basics of adult adoption.

Conception After Death? Here is What You Need to Know

Published on: August 29, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

If you asked someone 20 years ago if there would ever be a possibility of a woman conceiving a baby with her spouse who is deceased, you would have likely gotten a blank stare of disbelief. 20 years ago this was not possible, but through increases in technology and conception methods, the possibility of conceiving a child after the death of a spouse is possible through In Vitro Fertilization (IVF). In the estate planning world, this type of situation, a child born after the death of one of the parents, would be called an “after born child.” There are may legal considerations that must be noted when there is the potential for an after born child.

Tax Reform and the Impact on Divorce

Published on: June 27, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

A couple has many things to think about when they are facing divorce, such as the effect the divorce will have on their children, how assets will be divided, and how much their lives are going to change once the divorce is finalized. However, another issue that couples facing divorce must consider is the impact that a divorce could have on their individual income tax returns.

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.

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.

Arizona Considers New Law Regarding Frozen Embryos

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

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

It is clear that the rules surrounding the use of frozen embryos created as part of the in vitro fertilization, or IVF process are confusing. Couples often wonder whether agreements made prior to undergoing IVF will be deemed enforceable or whether they will instead be forced to fight it out in court with their ex-spouse over ownership of the frozen embryos. A recent series of legal events in Arizona further throws the issue into doubt, raising real questions for those considering IVF in the state.

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.

Electronic Spying During Divorce Raises Tough Legal Questions

Published on: January 24, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

Divorce has always been a difficult process. People have always been angry, hurt, scared, and sad. These emotions can lead otherwise good people to act out in strange and sometimes alarming ways. Though this has always been true, technology is changing divorce, offering new and more invasive ways for disgruntled spouses to act out. Family law experts encounter examples of electronic surveillance more and more often and many see no end in sight.