Mecklenburg

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.

New Jersey Supreme Court Breaks Precedent In Recent Ruling

Published on: August 23, 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?”

When it comes to custody issues during and after a divorce, it can be very hard for families to navigate the complexities of two parents, two homes and multiple opposing ideas of what is right. One of the most difficult custody issues to resolve is when one parent decides to relocate out-of-state, something that forces a court to upend the previously agreed to parenting plan.

Trusts and Divorce

Published on: August 16, 2017 | 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?”

No, we are not talking about trust, the bond of confidence between two people, we are instead talking about something a lot more tangible; trust funds, the popular estate planning vehicle used by more and more families every year. The dissolution of a marriage can impact nearly every aspect of your estate plan, including trusts. To understand more about what divorce might mean for your trust fund and how trust funds can prove helpful in the event of a split, keep reading.

Divorce and the impact on your Thrift Savings Plan (TSP)

Published on: August 9, 2017 | 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?”

Divorce can impact a number of aspects of your life. Though most people understand that it will lead to changes in housing, your household budget, possession of certain items of personal property and the division of bank accounts, many may not be thinking about the impact divorce can and does have on retirement. To learn more about the impact divorce has on Thrift Savings Plans, known as TSPs, keep reading.

How to Avoid Tax Trouble During Divorce

Published on: August 2, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.

When you are dealing with a divorce, it can be hard to feel like you are ever fully prepared. Given the complexities of the divorce process and the emotional issues involved, few people can honestly say they’re equipped to face every challenge that comes along. That is why it is so easy for things to fall through the cracks, especially issues that you did not even know to look out for. One example of an important problem to be aware of concerns tax trouble related to the divorce. To learn more about how to avoid creating tax issues for yourself, keep reading.

Careers That Increase Risk of Divorce

Published on: July 26, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

What factors lead to divorce? It could be problems communicating, a lack of money, an abundance of money, disagreements about children, about in-laws, about chores, about infidelity. Working too much or too little is also a common issue in the demise of a relationship. There are too many to name and each divorce involves factors unique to that marriage. That said, it appears that what a person does for a living might be one (of a multitude) of things that can make it more or less likely that he or she eventually divorces.

Equal division of assets may be thing of the past in some UK divorces

Published on: July 5, 2017 | 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?”

Though Brits and Americans diverge when it comes to their love of the Queen and tea, court cases, both criminal or civil, tend to be remarkably similar on either side of the pond. Given that the justice system in the US is based on British common law, this may not come as much of a shock. One area where the two countries have tended to agree concerns divorce, with courts in both countries going about things like division of assets in largely similar ways. A recent court ruling in London may mark the beginning of a divergence, at least as it relates to a certain segment of the population.

What does and (doesn’t) happen if your divorce case goes to trial?

Published on: June 28, 2017 | On behalf of Arnold & Smith, PLLC

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

Many people have skewed views of what happens in a courtroom. Television and movies have done a disservice to our understanding of what really goes in when you’re in front of a judge. We expect fireworks, tears, shocking revelations, audible gasps from the jury and if we don’t get it we’re disappointed. The reality is that in the vast (and I mean vast) majority of cases, you’re simply trying to hold people’s attention. Just as one example, discovery obligations and rules of evidence make it unlikely that surprises will occur, both sides usually see any “surprise” coming long before it’s ever presented in court.

Michigan Moves To Make Joint Custody Mandatory

Published on: June 21, 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?”

Everyone knows that custody and visitation are among the most contentious parts of many divorces. Parents are understandably motivated to secure as much time as possible with their children and fight hard to ensure they are granted authority to make decisions about how their children will be raised. Though this makes perfect sense, many wonder if the process could be simplified (and made much less stressful) by eliminating the fight over custody entirely.

How to secure your digital privacy during a divorce

Published on: June 14, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina.

It’s a question that few people think about until it’s too late: what happens if your electronic privacy is compromised? There are a lot of reasons for this. Some people think they just aren’t interesting enough to worry as they don’t have dirt worth digging up. Others (mistakenly) believe their password will serve as a fortress, shielding their secrets forever. For others, it never even crosses their mind that a significant other would try to do something like invade their privacy. The reality is that, in some sad cases, individuals learn the hard truth that privacy, especially online, is incredibly hard to maintain.