Mecklenburg County

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.

Mississippi Woman Sues For Parental Rights

Published on: December 6, 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?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

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.

Chicago Judge Tackles Problem of Incarcerated Divorce

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

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

It is something that very few people give much thought to: divorce behind bars. Though it seldom makes it on to most people’s radar, it can present enormous problems. Getting divorced while incarcerated is difficult if not outright impossible in some instances. This can mean that many resign themselves to being trapped in bad marriages or stuck with unresolved custody issues, which can create hopelessness among those already struggling to hold onto dreams of their future.

What’s a bifurcated divorce?

Published on: July 19, 2017 | 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?”

Sometimes divorce can be a bumpy process, everyone knows that. In a divorce, especially where important issues are in contention, there can be a desire by one party or the other to hurry things up, get the process done as quickly as possible and settle the complex issues down the road. Though most people may agree with the sentiment and would relish the opportunity to move on more quickly, it’s rare to take action to try and force it to happen. A messy divorce in Kansas recently took a turn for the worse and led to an unusual request, with the wife asking the court to allow what’s known as a bifurcated divorce.

Taxes and spousal support

Published on: January 17, 2017 | On behalf of Arnold & Smith, PLLC

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

A recent article in the Chicago Tribune discussed the sad case of the divorce of the founder of the Cancer Treatment Centers of America. He and his wife have been embroiled in a dispute for more than eight years now and continue to fight about what share of the marital estate his wife is entitled to. The woman is asking for more than $400,000 a month in spousal maintenance, an astronomical sum to most people. One of her arguments supporting such a figure is the idea that taxes take a big bite out of what she’s already received and she needs more to comfortably pay her bills.

Pets as property?

Published on: December 29, 2016 | On behalf of Arnold & Smith, PLLC

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

A recent divorce case in Canada dealt with the thorny issue of what to do with a pet after a divorce. The couple in question had three dogs and the wife had asked that she be given custody of all the pets, but requested that the judge grant visitation for 1.5 hours each week to her ex-husband. Though this might seem like a fair compromise, the judge presiding over the case took the opportunity to clearly lay out why he believes courts have no business intervening in such matters.

Court says herpes is reason enough to divorce

Published on: November 1, 2016 | On behalf of Arnold & Smith, PLLC

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

Everyone knows there are lots of reasons why a marriage might come to an end. Money problems, infidelity, health issues, disagreements about how to raise the kids, career stress, you name it. Though there are lots of causes, most people choose the lower conflict no-fault route when seeking their divorce. Even if a partner cheated on the other, most people filing prefer to avoid the mess of accusing the other party of misdeeds and instead say that the marriage ended due to no one’s fault. Though most people may prefer the quieter approach, some occasionally like to name names.