Mecklenburg

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 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.

Mississippi Supreme Court To Decide Whether Divorce Law Is Constitutional

Published on: October 18, 2017 | On behalf of Arnold & Smith, PLLC

How should I prepare if I intend to file for divorce in the near future?

Advocates for families and, specifically, victims of domestic violence are making their opinions heard in a Mississippi divorce case that will soon be decided by the state Supreme Court. Opponents of the status quo argue that Mississippi’s laws are antiquated and in desperate need of an overhaul. Of particular interest is the state’s lack of a unilateral no-fault divorce option, something that critics say traps spouses in bad relationships for years longer than necessary, holding them hostage to the whims of controlling and potentially abusive partners.

Chicago Finally Abolishes Dual-Track Family Law Court

Published on: October 11, 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?”

Legal battles over custody and child support are miserable for everyone involved. They take time, money and create enormous amounts of stress given the importance of the subject matter: your kids. Though unpleasant, the process should at least be uniformly unpleasant, meaning that everyone suffers equally as these issues are resolved. In Chicago, an outdated court system meant that not all family law issues were handled the same way, putting some families in a better position than others. Thankfully, that two-track system has finally been abolished and all family law matters will be resolved by one unified domestic relations court.

North Carolina Court Allows Alienation of Affection Case to Move Forward

Published on: September 6, 2017 | On behalf of Arnold & Smith, PLLC

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

In many places, if a marriage ends due to an affair, the innocent spouse may be left with anger and hurt feelings, but will otherwise have no recourse. That is not the case here in North Carolina, one of the few remaining states to recognize the right of an innocent spouse to bring claims for alienation of affection or criminal conversation. Though the cases are relatively rare, they still occur each and every year, with some, like a recent case out of Winston-Salem, grabbing headlines.