North Carolina

Can Change In Circumstances Nullify A Prenup?

Published on: April 12, 2017 | On behalf of Arnold & Smith, PLLC

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

If you’ve ever played Farmville, then you played a part in making Mark Pincus a very rich man (a billionaire, in fact). Though his name might not ring a bell, his products likely do. Mark is the founder of a major videogame company known as Zynga, which is responsible for several big hits. His company has done quite well and Mark is now believed to be worth a little over $1.2 billion.

Pet Custody Gets Another Push

Published on: March 30, 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?”

People often discuss how when divorce happens, children can wind up caught in the middle. It’s true, children are sometimes used as pawns, with one parent attempting to deprive the other of time with the kids as a way of exacting revenge. Parents caught in a terrible struggle can lose sight of the best interests of the children, letting their own hurt feelings cloud their better judgment.

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.

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.

Can I Sue My Parent for Decades-Old Unpaid Child Support?

Published on: October 18, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

MarketWatch shared a reader query this week from a man named Marc who wanted to know if he could sue his “deadbeat dad” for the decades of unpaid child support his father owed him and his mother. Marc’s father, from whom he has been estranged for the last 15 years, owes child support debt dating all the way back to 1956.

Newspapers Try And Fail To Get Trump’s Divorce Records Unsealed

Published on: October 4, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

As the number of days remaining until the election continues to dwindle, the media has been eagerly uncovering every bit of information it can get its hands on concerning the two candidates. Though we seem to know so much about Trump and Clinton given their many decades in the public spotlight, the reality is that some things have been able to remain hidden. Though many reporters have been working to get a hold of Trump’s tax returns, a few newspapers have also sought another unpublished record: Trump’s divorce documents.

Divorce May Breed Defamation, But Is It Worth Trying to Sue Over It?

Published on: August 30, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

The process of divorce is inarguably one of the most stress-inducing times of a person’s life. Hurt feelings, finger-pointing and angry words are almost inevitable in any case that seeks to legally end a relationship.

Serving your spouse online? Divorce courts increasingly say it’s possible

Published on: August 16, 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?”

If you’re preparing for a North Carolina divorce, you likely realize the first step will require formally notifying your spouse of your decision to end the marriage. This step is known as serving notice. Typically service takes place in person, by hiring a process server or local law enforcement to deliver the necessary documents. In cases where the person is difficult to locate it can be possible to serve notice by other means, including by certified mail. In the worst cases, where spouses appear to have vanished without a trace, publishing a notice in a local newspaper can suffice. But what about social media? Increasingly, social media is being viewed as possible means of effecting service. To find out more about the possibility of using Facebook or Twitter to start your divorce, keep reading.

Dividing legal awards in a North Carolina divorce

Published on: July 26, 2016 | 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?”

One of the most difficult parts of a divorce can be agreeing to an equitable division of marital property. There are many components of the financial pie that need to be accounted for, including the house, the cars, the bank accounts, retirement funds, stocks, bonds and personal property. Another asset, and potentially a valuable one, that many people may not think of are legal judgments, specifically personal injury awards and settlements. In some cases, these can be worth hundreds of thousands of dollars and represent a sizable share of a couple’s assets. The question is, are these judgments marital property or do they belong to the injured party? To find out more, keep reading.

Paternity in North Carolina

Published on: July 19, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What rules are there for Father’s Right in NC?”

When it comes to paternity, the law in North Carolina has been designed to favor married couples. Married couples benefit because when a child is born to a married couple, the husband and wife are automatically viewed as being legal parents of the child. This can be a great thing in that it immediately bestows important rights and responsibilities on the couple, saving the hassle of having to establish paternity. The problem is that this can work against some couples, specifically, those where the child born during the marriage is not the biological child of the husband. In these cases, the father will have to fight a rather long battle to have the presumption of paternity reversed. To learn more about paternity and how it can prove problematic in certain custody/child support cases, keep reading.