Separation

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.

Divorce party lets exes blow their marriage mementos to smithereens

Published on: January 22, 2015 | On behalf of Arnold & Smith, PLLC

Board certified family law specialist Matt Arnold of Arnold & Smith, PLLC answers the question “How long does getting a divorce take?”

Getting to the point of wanting a divorce may have taken years. Getting the divorce may have taken years. Now the divorce is over. What to do?

Much is to be gained by taking stock and learning to live in one’s new life. Over time, divorcees may learn to get over their anger and even to get along, to some degree or another, with an ex-spouse.

Amy Koko, who writes on her blog ExWifeNewLife, said it is important for people who have gone through a divorce to learn to live alone, to learn that they are strong and independent enough to fend for themselves.

Her advice dovetails with a new offer from a Las Vegas, Nevada business that specializes in helping people fend for themselves—with guns!

Machine Guns Vegas is promising an unforgettable post-divorce party package just in time for Valentine’s Day. The “Just Divorced” experience is designed, the company says, to encourage the recently divorced “to commemorate new beginnings—by shooting down any items that painfully remind them of their wedding day.”

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.

Florida’s first same-sex Divorce best holiday gift ever, ex-spouse says

Published on: December 16, 2014 | 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?”

Heather Brassner’s marriage ended five years ago, but she was only able to get a Florida judge to sign off on her divorce this past Wednesday.

In so doing, Brassner, her now ex-wife Megan Lade and Broward County Circuit Judge Dale Cohen made history. The Brassner-Lade divorce marks the Sunshine State’s first same-sex divorce.

Brassner’s attorney, Nancy Brodzki, called Judge Cohen’s ruling historic, telling the Associated Press that while this is Florida’s first same-sex divorce, it will not be the last. As the Washington Post reported Monday, Columbia University statistics professor Andrew Gelman analyzed statistics comparing same-sex and traditional marriages and concluded that “the dissolution rate of same-sex marriages seems comparable to, not lower than, the divorce rate of traditional marriages.” Previous analyses had provided that the same-sex divorce rate was lower than the traditional marriage divorce rate.

Any way you slice the numbers, according to Gelman, results in lots of divorces—same-sex and traditional.

Brodzki may expecting more same-sex divorce business in Florida, but before she takes any more clients over the divorce finish line, she may have to fight Florida’s Attorney General Pam Bondi in court.

NFL stars battle over alleged cheating spouses, girlfriends on Twitter

Published on: December 11, 2014 | 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?”

Twitter has become a new proving ground for alienations of affections actions, if Detroit Lions tight end and “self-described touchdown dancer extraordinaire” Joseph Fauria is the kind of trendsetter the tabloids hope.

He may not be. The star receiver has deleted a tweet he posted to his more-than 37,000 followers appearing to accuse his pro-wrestler girlfriend of cheating on him with Seattle Seahawks quarterback Russell Wilson.

Wilson, who guided the Seahawks to the franchise’s first Super Bowl victory earlier this year, divorced his wife, Ashton, late this past summer, and was rumored for a time to be dating Lolo Jones, a former United States Olympian who has appeared on the television show Dancing With The Stars.

At the time of Wilson’s divorce, sports marketing expert Bob Dorfman told the Seattle Post-Intelligencer that the quarterback’s single status would help him attract more endorsement deals aimed at a younger audience and would improve his “sex appeal to women.”

Fauria insinuated that Wilson’s sex appeal was too much for his girlfriend, 24-year-old Erika Hammond, who has appeared on World Wrestling Entertainment’s now-defunct “NXT” show, which aired in 2012 and 2013 and featured up-and-coming wrestlers.