Lawyer

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.

What is Alienation of Affection?

Published on: August 22, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect who gets custody?”

Being hurt by the one you love is devastating, especially when it is in the form of an extra-marital affair. If your spouse has had an affair during your marriage, he or she is not the only one at fault. There is a third party that is also involved in the situation. North Carolina is one of the six states that will prosecute another person for alienation of affection. Alienation of affection is a tort action against the third party who has engaged in the affair with your spouse. Essentially, you are suing the third party for depriving you of the love and affection of your spouse.

What Happens if You Violate Domestic Violence Conditions of Probation?

Published on: August 15, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

North Carolina courts take domestic violence acts and charges very seriously. Often times, after a defendant has been charged with a domestic violence act, he or she is required to enter into a “abuser treatment” program. This acts as a type of probation and there can be serious consequences if it is violated or ignored.

Thinking About Divorce? Here is What You Need to Know

Published on: August 8, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Thinking about ending a marriage can be hard. When one starts to think that he or she might want a divorce, it can be overwhelming; there are many considerations and actions to be taken. If you are contemplating a divorce, here are some things to do to help you through the process.

The Impact of Divorce on Retirement Accounts

Published on: August 1, 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?”

For most individuals facing a divorce, their concern is what will happen to the children (if any) from the marriage and how the assets of the couple will be divided and assigned. A divorce can have many consequences to the present situation of the parties involved, but there are future considerations and consequences that must be considered by the parties when entering into a divorce agreement, as well. One of these future considerations is what will happen to any retirement accounts that the couple has.

Social Media can Have Unintended Consequences on Divorce

Published on: July 25, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Going through a divorce is a major transition in life. Suddenly, your assets are being divided, custody arrangements are being set, and you are left negotiating with a soon-to-be-ex spouse over assets and issues you never thought would be the subject of a legal battle. We see divorce on television or witnesses our close friends and families go through divorce, but we do not often consider the impact that our actions might have on the outcome of a divorce.

Reasons to Consider a Prenup Before Marriage

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

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

Prenuptial agreements often have a bad reputation. Marriage is “supposed” to be the union of two people who are in love and want to be married forever. When a prenuptial agreement is discussed, people often think of one spouse who is financially better off protecting his or her money in the event that the marriage ends in divorce. They think that it is a sign that the marriage will not last or be successful. This is not true. A prenuptial agreement (“prenup”) is a contract entered into before marriage that will serve as a guide in the event that a divorce happens. While people do not want to think that their marriage will end someday, it is smart to plan for all contingencies and possibilities.

Cheating and Divorce

Published on: July 4, 2018 | On behalf of Arnold & Smith, PLLC

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

As a former mayor of New York City and attorney to the President, Rudy Giuliani is no stranger to being in the press. Recently, he has made the headlines, not for his political career or attorney work, but for a divorce to his soon to be ex-wife. His ex-wife has recently made allegations that he was having an affair during their marriage, according to the Washington Examiner.

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.

The Impact of Adultery on Divorce

Published on: June 20, 2018 | On behalf of Arnold & Smith, PLLC

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

The act of adultery of one or both spouses is one of the biggest reasons that couples get divorced. North Carolina is a no-fault state in regards to divorce. This means that the spouse who files for divorce is not required to prove that the other spouse is at fault for the divorce. In some states, adultery is one of the “faults” that a spouse can cite as a reason for divorce. This is not true in North Carolina. Nevertheless, adultery can have an impact on a divorce. Alimony payments, child custody, and property distribution can all be affected by adultery.