Separation

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.

Social Media can Have Unintended Consequences on Divorce

Published on: July 25, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Going through a divorce is a major transition in life. Suddenly, your assets are being divided, custody arrangements are being set, and you are left negotiating with a soon-to-be-ex spouse over assets and issues you never thought would be the subject of a legal battle. We see divorce on television or witnesses our close friends and families go through divorce, but we do not often consider the impact that our actions might have on the outcome of a divorce.

California Passes Law Redefining “Separate and Apart”

Published on: August 9, 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?”

Divorce often comes with new burdens, many of them financial. In addition to the cost of dividing your assets, paying attorneys and adjusting to a budget based on only one income, those going through a split also have to get new housing on their own. Many people underestimate this expense, forgetting that the same money that used to support one joint household will now need to be divided to support two separate homes.

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?

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.

Divorce and mandatory separation time

Published on: August 18, 2015 | 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?”

According to a recent report in the International Business Times, divorce rates in Italy have surged over the past year, especially among older Italians. What’s responsible for the recent uptick in divorce? Mass infidelity? Social Upheaval? Bad food? Nope. The reason is a legal change in the separation time required before a petition for divorce can be signed off on by a judge.

“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.

Holding on for the kids’ sake is not always the olive branch it appears to be

Published on: March 31, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does uncontested divorce mean?”

How many couples have stuck it out through the years for their children’s sake?

Woman finds boyfriend with three women, takes his dog, ends up in court over Cash

Published on: March 12, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is there some property that the judge cannot divide?”

The split between New York media executive Noah Szubski from the daughter of “Wild Wild West” star Robert Conrad is heating up, with Szubski and Chelsea Conrad waging a courtroom battle over Cash.

Married women who become seriously ill are six-percent more likely to divorce

Published on: March 3, 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?”

Until death do us part, in sickness and in health? As for sickness, not so much.

That is, at least, according to a new study spearheaded by Amelia Karraker, an assistant professor of human development and family studies at Iowa State University.

Her study—published in the most recent issue of the Journal of Health and Social Behavior—shows that married women who are diagnosed with a serious health condition are at greater odds of being divorced by or from their spouses than healthy married women.

Karraker and colleague Kenzie Latham studied marriage data from 1992 to 2010 compiled by the Health and Retirement Study at the University of Michigan. They looked at rates of cancer, heart disease, lung disease and stroke among married women during that timeframe.