North Carolina

Case Demonstrates Difference Between Separate vs. Marital Property

Published on: December 15, 2015 | 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?

One of the most troublesome aspects of a North Carolina divorce can be the division of property. It’s difficult for a lot of reasons, legally, financially and even emotionally. People can become attached to items of property for sentimental reasons or want to deny them to a spouse out of spite. The division can also be difficult because the parties to the divorce both need money and want to walk away with enough to feel like they’ve gotten a fair shake. Another reason it can be complicated is because the law inserts itself into something very personal: dividing up a couple’s worldly possessions. This kind of intrusion can be very complicated and often lacks finesse. Keep reading to find out about a good example of such a division and the important lesson the story holds for those in the midst of a North Carolina divorce.

“Magic moment” to marry is really many magic moments, study says

Published on: August 11, 2015 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are not covered by child support?”

A Duke University researcher who set out to test whether the adage that unmarried parents are most receptive to the idea of getting married in the “magic moment” right after a child’s birth was true found out the post-birth magic lasts longer than a moment.

Facebook sperm donor serves as reminder of the health and legal complications that may result from bypassing professional assistance

Published on: July 27, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What rules are there for Father’s Right in NC?”

In a viral story out of the UK, a 26-year-old sperm donor has used Facebook to father 10 children from nine different women. In 2014, Kenzie Kilpatrick created a Facebook page offering sperm donations to women wanting to have a baby. So far, his donations have yielded seven children, with three more due within the next month.

Couple takes lawyer along on vacation, iron out details of divorce between golf, spa

Published on: April 16, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”

After the fun and (admit it) consternation of planning and following through with a wedding, couples are generally allowed a bit of spare time away from everything and everyone. That special post-wedding time is called a honeymoon.

Legislators seek to end state’s presumption that women are better for child custody

Published on: March 24, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What rules are there for Father’s Right in NC?”

The State of Massachusetts is considering a change to its custody laws that would end “an imbalance in the courts that favors mothers over fathers,” according to the Salem News.

Perjury in divorce case wins police chief a criminal conviction, costs him his job

Published on: February 26, 2015 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How can an attorney help me with my Divorce or Separation in North Carolina?”

In divorce court, as in any court, litigants must tell the truth. If they do not—aside from damaging their own case—they may face charges for perjury or contempt of court, and the fallout from telling untruths under oath may extend well beyond the courtroom, as a recent case involving a Louisiana police chief has underscored.

The chief in question is Lafayette, Louisiana Police Chief Kenny Vines. On January 20, Circuit Judge Ray Martin held Vines in contempt of court after determining that Vines had presented false documents to the court during his divorce case. Judge Martin fined Vines $100 and ordered him to serve a five-day jail sentence, although the jail sentence was suspended on the condition that Vines pay the fine.

The Fifth Circuit District Attorney’s office convened a grand jury to consider whether Vines should be charged with perjury in connection with false statements Vines made about the divorce documents while under oath. Last Friday, a Chambers County grand jury indicted Vines on perjury charges. As soon as Vines was informed of the indictment, he entered into a plea agreement with prosecutors.

According to a statement released on Monday by Fifth-Circuit prosecutors, Vines pled guilty to second-degree perjury and the perjury charge arose out of statements Vines had made to the Circuit Court while under oath. Vines was sentenced to six months in prison, but the sentence was suspended on the condition that he complete twelve months of probation.

Soon-to-be divorced, divorcing or recently divorced? Beware the tax man!

Published on: February 10, 2015 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How long does getting a divorce take?”

That special time of year is looming—April 15. That is not the date on which Santa Claus comes tumbling down the chimney with a slew of nice gifts to leave under the tree. Quite the opposite: April 15 is the date every year on which Americans pay their dues to Uncle Sam and to their respective state governments.

Not all state governments impose an income tax, but this state (North Carolina) does, and the federal government expects its dues. Aside from whatever complications one has experienced in the past with figuring and paying taxes, if one has recently divorced, one should beware, because new complications may be aplenty.

Even if one has not yet divorced but is engaged in the divorce process, tax time could prove especially troublesome. What, for instance, is one’s filing status? Is one married and filing jointly or married and filing separately? And, importantly, who is the Head of Household for tax purposes?

Unfortunately, answering these queries may require not only conversation with—but also the cooperation of—one’s ex or soon-to-be ex. This could prove vexing, and especially so if the ugliness if a divorce proceeding is looming over the erstwhile tedious task of preparing taxes.

Mediator says those considering divorce need to face the music

Published on: January 20, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “My wife and I are not getting along If I leave the house, can she get me for abandonment?”

A well-known divorce mediator is encouraging people who are considering divorce to dispense with some common myths before taking the proverbial leap away from and out of marriage—especially if the marriage involves children.

To be frank, divorce mediator Debra Macleod says anyone considering divorce needs to stop lying to oneself about the effect the process will have on children—and on oneself.

First and foremost, if a person thinks divorce is going to solve all of one’s problems—even one’s problems with a (soon-to-be-ex) spouse, one may have another thing coming. In fact, being divorced may introduce a whole new host of heretofore un-encountered issues with one’s (now ex) spouse.

Now that you are divorced and sharing custody of your children, you have to contend with your ex-spouse’s new boyfriend or girlfriend. You now “have no control over the strangers that waltz in and out of your child’s life.”

And that’s a shame—a shame for you but more so a shame for the child who brought none of this upon oneself. Macleod says most divorces are caused by the mixing of “two self-focused, short-sighted adults who wallow in their own misery” and who don’t spend enough time thinking about others—namely their kids.

Adult child sees the silver lining in her parents’ divorce—eight years later

Published on: December 30, 2014 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”

Remorse is, perhaps, the most difficult of human emotions. Anyone who has passed through the crucible of divorce may know what it means to contend with remorse, or to contend with “what could have been.”

Sadly, many divorces leave a trail of broken hearts. These include the hearts of children, who are often unwitting, innocent victims of a broken marriage.

Adult children of divorced or divorcing parents are not immune to these feelings. To an adult child whose parents have been married for decades, the concept of divorce—at least applied to one’s own parents—may seem foreign. What’s more, because adult children tend to move away from their parents’ home, they may miss signs of marital trouble displayed behind closed doors.

Ellen Huerta, who writes about romantic breakups on her website Mend, recalls that since her parents’ marriage had survived her own childhood and young adulthood, she just assumed it would last forever—or until death did them part.

Census plan to eliminate survey questions may leave marriage, divorce in statistical void

Published on: December 25, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does a “No-Fault’ divorce mean in NC?”

About one-half of American marriages end in divorce.

Marriage counselors have been preaching that prevailing wisdom to couples for decades. People who have been through a messy divorce may point to the statistic with a disillusioned “I told you so” attitude. Divorce attorneys and other professionals who often deal with the most contentious divorces may feel even more disillusionment.

Researchers, however, can put their feelings aside and study the raw data. As consumers, as human beings and as professionals working in family law matters, we rely on the data and upon the work of researchers studying the data for a portrait of what marriage and divorce look like in the United States.

For a variety of reasons, our ability to rely on accurate data may be disappearing.

For years, researchers in the family-law field have relied on statistics compiled by the United States Government in its American Community Survey. It is the ground zero, so to speak, for researchers interested in marriage and divorce trends across different age groups, ethnicities and cultures within the United States.