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What happens when your spouse refuses to follow the divorce decree?

Published on: February 7, 2018 | On behalf of Arnold & Smith, PLLC

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

A recent divorce debacle playing out in the UK represents an all too common reality for some. The husband in the case, a Russian billionaire, has utterly refused to comply with any aspect of the divorce decree. Despite a court order mandating that he hand over hundreds of millions of dollars to his ex-wife, along with vehicles and artwork, the man has simply said “No”. Now his former wife is forced to continue litigation, in the hope of collecting the money that is rightfully hers.

Pennsylvania Court Tackles Tricky Issue of Paternity

Published on: January 31, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” If I remarry, can they look at my new spouse’s income?”

You might think that determining paternity these days would be a fairly simple process. There is no longer a need for lengthy trials, witness testimony and a weighing of factors. A simple, fast, affordable genetic test can arrive at a definitive answer in record time. Though genetic testing allows for speedy resolution to the biological question of paternity, courts have, in some cases, been reluctant to let genetics dictate the answer to the legal question of paternity.

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.

Illinois Changes Divorce Law For Pets

Published on: January 17, 2018 | 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?”

We have discussed it several times before, pets are one of the most important parts of a divorce to be ignored from a legal perspective. Other key aspects of a split, including money, property and, obviously, children are all addressed by various laws and must be signed off on by a judge. Animals, on the other hand, are at best treated like any other item of personal property or, at worst, utterly ignored. Given the importance many people place on their pets, experts have said for years this is an area of the law that is ripe for change.

Final Version of Tax Plan Includes Changes To Alimony

Published on: December 13, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

We have previously mentioned the possibility that the Republican tax plan currently before Congress could have some unexpected impacts. Though most news reports have focused on the tax cuts for millionaires and billionaires, there are many other smaller changes that will impact wide swaths of society. One of the underreported examples involves alimony.

The Impact of Tax Reform on Alimony Payments

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

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

Tax reform has been in the news recently, with all sides of the political debate arguing about the best path forward. Some believe taxes are too high and need to be cut across the board. Others believe the cuts should be focused on lower and middle-income Americans. Still others are aiming the primary benefits at the wealthiest individuals and corporations. Which side will ultimately prevails remains to be seen.

Divorce and division of personal injury awards

Published on: November 15, 2017 | On behalf of Arnold & Smith, PLLC

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

If you have been injured in an accident and made it through the sometimes grueling process of filing, fighting and winning a personal injury lawsuit, you may think that the hard work is done, you won the compensation you deserved and do not need to fear having it taken away. But what if you are embroiled in a divorce? Can the hard-fought personal injury award be confiscated by your soon-to-be-former spouse? To learn more about what happens in the event of a divorce, keep reading.

Gay Couple Fights For Right To Divorce

Published on: November 8, 2017 | On behalf of Arnold & Smith, PLLC

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

For years, people fought for gay couples to have the right to marry. States took action independently, slowly but consistently expanding the number of places where same-sex couples had the same rights as their opposite-sex counterparts. Then the Supreme Court weighed in a few years back and sped up the process nationally, making gay marriage legal across the U.S. Now that the right to marry is universal, at least here in the U.S., we may forget the push made by some states to reach out to gay couples, advertising themselves as gay-friendly places to get married. Some states advertised themselves in an attempt to attract lucrative tourism dollars, giving couples a chance to marry, while earning money for their state.

Wisconsin Considers Ditching Post-Divorce Waiting Period

Published on: November 1, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How long does getting a divorce take?”

Normally, when we think of waiting periods and divorce, we are talking about the amount of time a couple has to wait before filing for divorce. In a number of states, these waiting periods exist to try and slow the process. Couples are often required to live separately for some period of time before either can file a divorce petition. Legislators say this time forces a couple to think twice (and maybe thrice) before finally pulling the trigger and moving ahead with a divorce. States have begun lowering these wait times, the goal being to further streamline the divorce process and get couples in and out of court faster.

Wisconsin Court Acknowledges Marriage Invalid, But Approves Divorce Award

Published on: October 25, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Unsurprisingly, marriage is seen as a nonnegotiable prerequisite to divorce. A court cannot grant a divorce and divide marital property without an underlying marriage. Though this would seem to make sense, there are instances where though a marriage may not be legally valid, it is recognized by courts as having occurred. We have previously discussed issues surrounding common law marriage, but this post deals with something a little different: the putative marriage doctrine.