North Carolina

Different approaches for handling your North Carolina divorce

Published on: July 12, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Many people view divorce as a one-size-fits-all process. They imagine filing papers and appearing in court and talking to lawyers and taking the stand, all the things that have been shown on television and in movies. The reality is that divorce is as varied as relationships and that each one happens somewhat differently. Though contentious litigation is certainly one approach, it isn’t the only one. To learn more about different ways of handling your divorce, keep reading.

One Year After Obergefell, Challenges Remain

Published on: June 16, 2016 | 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?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

New Jersey Court Says Divorce Not Grounds For Termination

Published on: June 14, 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?”

Going through a divorce can be a difficult time for most people. You’re faced with the dissolution of your marriage, the division of your property and must now move forward and build a new life different from the one you might have long intended to have. Though many aspects of your life will experience change following a divorce, one area that is usually a welcome constant is your job. After all, why should your marital problems impact your employment?

Keep Insurance In Mind After Divorce Is Finalized

Published on: May 24, 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?”

Insurance may not be one of the first things that crosses your mind if you’re in the midst of or recently emerging from a North Carolina divorce. Though insurance may not seem pressing, the reality is that it can prove quite important given that emergencies seldom come with advance warning. To ensure that you are fully protected and insurance proceeds go where you intend them to go, spend some time after your divorce making sure to get your insurance affairs in order. For ideas on what to watch out for, keep reading.

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.

When dividing property in a divorce, don’t forget about intellectual property

Published on: May 17, 2016 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

If you’re preparing for a North Carolina divorce, you likely know to take your house, cars, bank accounts and retirement funds into consideration before dividing assets. These are the kinds of things that everyone thinks about when they think of property. They’re tangible and easy to identify. While it’s crucial that these easier items be accounted for, it’s just as important to remember those more complicated bits of property, including intellectual property, as they can end up being very valuable down the road and can provide important income to fund your future.

Friend Acted as Agent, Did Not Destroy Attorney-Client Privilege in NC Divorce Case

Published on: May 3, 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?”

The attorney-client privilege can be an almost sacred right for either party in a divorce proceeding. Knowing that the private communications you have with your attorney about your case stay sacrosanct fosters candor and peace of mind in the relationship you have with the person representing you on such a personal case. This in turn allows your attorney to better prepare for your case. Similarly, the work product privilege protects materials prepared in preparation for litigation. These two immunities protect information from being produced (through documentation or testimony) via discovery from the opposing side. In any given divorce or family law case there can be facts, confidences and strategies that you do not want shared with your (soon-to-be former) spouse’s side and argued against you in court.

Virginia Supreme Court Decides Cohabitation Rules Apply Equally To Same-Sex Couples

Published on: April 26, 2016 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Courts across the country continue to grapple with last year’s same-sex marriage ruling from the U.S. Supreme Court. Though the decision altered the legal landscape nationwide, the Supreme Court left much of the implementation to the state courts, issuing a very broad decision. It is now up to the lower courts to work through the many challenges that decision will create.

Advice About Going To Court In Your North Carolina Divorce Case

Published on: April 21, 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?”

Going to court can be a scary thing, even when you haven’t done anything wrong. The formal setting, the judge, the lawyers, all of that can lead to stress among those facing a divorce court appearance. People often fear saying or doing the wrong thing and waste unnecessary energy worrying about something that isn’t deserving of the anxiety. To find out some tips for how to conduct yourself in court and hopefully save stress for things that matter, keep reading.

New Survey Ranks Cities According To Divorce Rate

Published on: February 2, 2016 | 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. Topics discussed include: How to choose a divorce lawyer? How long does a divorce take? How much does a divorce cost? When can a person get an annulment?

A recent survey by a company called FindTheHome set out to rank cities according to divorce rates. Specifically, the survey sought to identify the one city in each state with the most divorces, dubbing the city that state’s “capital of divorce.” The ranking was just released and the results indicate that in North Carolina, the capital is located in Thomasville.