no fault divorce

Can a Spouse be Forced Out of the Marital Home?

Published on: October 3, 2018 | On behalf of Arnold & Smith, PLLC

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

Imagine this situation: You are separating from your spouse. For the duration of your marriage, you have shared the same marital home. Both of you want to stay in the home; neither of you are willing to move out, even though you have separated and initiated a divorce proceeding. What do you do in this situation? Can one spouse be forced from the marital home and leave the other with the sole possession of the home? In North Carolina, the answer to those questions are “it depends.” There are certain circumstances and situations in which a spouse can be forced out of the marital home. However, there are requirements that must be met in order to succeed.

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.

Public Outcry Prompts Mississippi Legislator To Backpedal

Published on: March 15, 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?”

It’s been a rough few weeks for a relatively obscure member of Mississippi’s legislature. Andy Gipson was, until earlier this month, seldom on the national news radar. That changed as the state legislature has taken steps to try and address severely antiquated laws surrounding the divorce process. Two different legislators put forward two different measures to try and reform the backwards laws and both were killed before making it to the full chamber by Gipson. His actions resulted in a swift response from critics, with reports indicating that Gipson was deluged in phone calls, emails and social media posts by those who disagreed with his tactics.

Woman forced to move out-of-state to finally secure divorce

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

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I have to be living separately to meet with a lawyer about divorce?”

A common complaint of the divorce process is how long it can take. A runner up? How expensive it is. Though both are legitimate complaints regardless of your location, they’re perhaps especially true for residents of Mississippi. Mississippi has the dubious honor of being one of only two states that does not recognize a right to a no-fault divorce. That means that those couples in Mississippi looking to end their marriages need to prove fault and, if no fault is proven or if his or her spouse won’t cooperate, you could effectively become trapped in your marriage, driving up the time and expense associated with the process.

Family Court Judge Gets Reprimanded For Discriminating Against Couples With Kids

Published on: February 7, 2017 | 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?”

Going through a divorce with kids can be incredibly difficult. Divorce is bad enough as it is, but the added stress of worrying how the divorce will impact your kids, the pain of creating new routines, of dividing parenting responsibilities and of creating a visitation arrangement that’s workable, is even harder. Given how difficult divorce with kids already is, it’s certainly not helpful for a judge to actively attempt to make the process even worse. This what appears to have happened recently in Kentucky, where one family court judge was recently reprimanded for treating divorced couples with children differently than those without.

Illinois Implements New Rules To Simplify Divorce Process

Published on: December 6, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.

The strange world of family law in India

Published on: November 22, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

Recently released statistics from the National Center for Family & Marriage Research indicate that Americans are increasingly less likely to divorce. The numbers reveal that the divorce rate is at its lowest level in more than 35 years. Though the rate in the U.S. may be low, it’s nowhere near as low as it is in India. A recent New York Times article explored some of the bizarre and interesting legal obstacles couples in India must combat if they want to end their marriages.

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.

Beware of the Quickie Foreign Divorce

Published on: May 19, 2016 | 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?”

Prior to and during the 1970s, the so-called “Mexican divorce” was having something of a moment. Fed up with the lengthy and expensive divorce process in the United States, couples from the States would pop across the border for a quickie divorce proceeding, without the lengthy waiting periods required in many states. Mexico wasn’t the only country host to many a drive-through divorce proceeding; they became popular in a host of Central American countries, particularly the Dominican Republic, as well as the Caribbean islands.

So-called “monogamy contract” not enforced by court

Published on: February 23, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Does adultery affect my divorce case?”

Have you ever thought about paying a partner for their fidelity? A recent case tells the tale of a couple who tried to contract for just that. It ends with the scorned lover suing his ex-girlfriend to recover over $700,000 in gifts that he gave her throughout the relationship and reporting the gifts to the IRS as income payments.