Separation

Second time around not sweeter for Pamela Anderson, Rick Salomon

Published on: July 8, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Unlike the singer in Shalamar’s 1979 hit “Second time around,” Rick Salomon couldn’t make his second marriage to Pamela Anderson “so much better.” Instead, their second marriage appears destined for an ending lacking any Baywatch-esque saving heroics. Anderson filed for divorce from Salomon on July 3.

Anderson and Salomon married the first time around in 2007 in Las Vegas during a 90-minute break between the magic shows Anderson was appearing in at the time. That marriage lasted just two months. Both Anderson and Salomon alleged the marriage had been tainted by fraud.

When an annulment is granted, a marriage is considered, for all intents and purposes, to have never happened. Many annulment cases involve a kind of partner bait-and-switch; one spouse learns the truth about exactly who the other is only after he or she has married. If lies were employed to induce the partner into marrying, those lies can serve as the basis for an annulment.

The reasons underlying the annulment of Anderson’s and Salomon’s first marriage were not made public, however Salomon was no stranger to annulments when he first married Anderson. Former Beverly Hills, 90210 star Shannon Doherty annulled her 2002 marriage to Salomon after just nine months. She married the alleged lothario after just two days of dating.

Researchers say parental disapproval of spouses may have genetic component

Published on: July 3, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question “I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

If you are worried about the harm a divorce will do to your reputation and the reputation of your family, you are not alone. In fact, you may have something in common with royalty. Literally.

Numerous media outlets are reporting on rumblings emanating from Buckingham Palace, home to Great Britain’s royal family. After a decades-long affair and nine years of marriage, Prince Charles and his wife, Camilla Parker Bowles, appear to be headed towards divorce.

Across the pond, more than half of American marriages end in divorce. Most married Americans don’t have a queen for a mother or mother-in-law and perhaps they should be thankful for that. The Queen, according to reports, called Camilla a “complete disgrace” after Camilla allegedly threatened to spill Louie family secrets if the family didn’t agree to a $350 million divorce settlement.

Queen Elizabeth is said to dislike Camilla’s alleged propensity for drunkenness, and it is believed that her disappointment in Prince Charles and Camilla—whose title is Duchess of Cornwall—have led her to consider passing on the throne to Prince William—Charles’ eldest son—when her reign comes to an end. The Queen is said to be concerned about an issue that affects many married couples: family image.

Real Housewife Learns Valuable Lesson About Prenuptial Agreements

Published on: June 24, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “When do you get alimony?”

Real Housewife of Atlanta Kandi Burruss says that she learned a very valuable lesson about the importance of properly planning prior to marriage thanks to watching the dissolution of another reality TV star’s happy home. Burruss says that Real Housewives of New York star Bethenny Frankel’s acrimonious split from her ex Jason Hoppy sent a chilling message about the danger of not doing enough planning before getting hitched.

Some have complained about recent episodes of the Atlanta show where Burruss and her fiancé are seen arguing about the provisions in a prenuptial agreement. Burruss has insisted that her fiancé sign the agreement prior to marriage and has taken a lot of flak from viewers who see this as a cold decision.

Burruss says that watching how nasty a divorce can be convinced her of the importance of having a clear prenuptial agreement. She says that should her marriage with her fiancé Todd Tucker fall apart, he would never want to endure the kind of lengthy and hostile fighting that Frankel has engaged in with her ex. By having a prenuptial agreement that clearly spells out what will happen in the event of a divorce, Burruss says much of the mess can be avoided.

One particular provision of the prenuptial agreement received the biggest criticism from viewers. That section concerned a clause that required her fiancé to vacate the marital home within 30 days of either party filing for divorce. Tucker was seen on the show criticizing what he felt like was overly harsh language, saying that he didn’t feel like he should be thrown out on the curb in the event of a split.

Judge Throws Out Claim To Reopen Divorce Settlement

Published on: June 19, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”

The ex-wife of the former owner of the Los Angeles Dodgers has been ordered to repay her husband nearly $2 million in legal fees after unsuccessfully contesting her original divorce settlement. A Superior Court judge in LA issued the ruling earlier this month after McCourt failed to prove that she had been unfairly shortchanged.

Jamie McCourt sued her husband, Frank McCourt, last year after he sold the Dodgers in 2012 for more than $2 billion. The sale occurred soon after his divorce with Jamie was finalized and his ex-wife felt like she had been duped out of hundreds of millions of dollars.

McCourt argued that her husband fully intended to sell the team at the time their 2010 divorce was finalized. Despite these plans, the husband kept the information to himself, something that she says led her and her legal team to agree to a settlement far less than what she believes she was entitled to.

McCourt ultimately received $131 million as part of the settlement, all of it tax-free. In addition to the cash, Jamie walked away with several luxury homes. Despite the seeming windfall, McCourt believes she should have been given nearly $1 billion, almost 10 times the size of her actual settlement.

DIY Divorce Can Prove A Costly Mistake

Published on: June 17, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does uncontested divorce mean?”

Divorcing without the hassle or expense of attorneys sounds great, right? Much less stress and thousands of dollars in savings, what could be wrong with that? Plenty, at least according to a recent article by CNBC which points out the serious costs associated with DIY divorce.

The article notes that many couples hope to go it alone, believing that handling the matter on their own will save both time and energy. In California, where courts have attempted to make things easier for litigants to handle cases alone, nearly 75 percent of all divorce parties lack lawyers.

While this may sound wonderful, the reality is typically much less rosy. Experts say that in California, the lack of legal advice can lead to incredibly long-lasting divorce cases. What often happens is that people file divorce paperwork on their own, incorrectly believing the process should be quick and simple. The problem is that many don’t know what to do next and the case proceeds to languish for months or even years with minimal action.

The author of the CNBC article pointed out another drawback to DIY divorce: lack of experience can lead to costly and careless mistakes. The case of Marissa York, a realtor from New York, illustrates perfectly how much it can end up costing you to try to handle divorce on your own.

Which Areas Of Charlotte Rank Highest In Terms Of Infidelity?

Published on: May 29, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Does adultery affect who gets custody?”

An internet dating company that exists to facilitate affairs claims that Huntersville, North Carolina is among the most unfaithful neighborhoods in the country. The news release came from AshelyMadison.com, which compared data from its nearly 21 million members.

According to AshleyMadison, more than 65,000 of its millions of members come from the Charlotte metropolitan area. Out of this group, more than 9.1 percent are from Huntersville, representing a sizable share of the overall members relative to its share of the metro area’s population. Ballantyne makes up 8.9 percent of local members while uptown is home to 8.8 percent. These three areas are followed by Myers Park, Indian Trail, Dilworth and SouthPark.

According to the founder and CEO of AshleyMadison, income and education are among the most common attributes of areas that are big users of the service. The CEO says that cheating is typically easier for those with more discretionary income, which is why the majority of those cities at the top of his lists are affluent areas.

N.C. Judge tosses heart-balm lawsuits their latest challenge

Published on: May 27, 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?”

At least one North Carolina judge has had enough of so-called “heart balm” lawsuits. In a case from Forsyth County, Superior Court Judge John O. Craig wrote that North Carolina’s alienation-of-affections cause of action is unconstitutional because it infringes on people’s rights under the First and Fourteenth Amendments to the United States Constitutions.

Alienation-of-affections actions are brought by one spouse against the lover of another spouse. Because of the affair, the theory goes, the aggrieved spouse has been deprived of the affections associated with one’s marriage and can recover damages from the third-party paramour for that loss.

Recoveries in heart-balm cases can be significant. In 2011, a Wake County judge awarded a jilted spouse over $30 million in a heart-balm case. That followed a pair of multi-million-dollar awards in 2010 in cases in Pitt and Guilford Counties.

The alienation-of-affections ruling by Judge Craig is only the latest in a decades-long struggle by lawyers, legislators and judges in North Carolina to overturn what critics describe as an archaic cause of action.

The state Court of Appeals abolished the alienation-of-affections action and its lesser-known counterpart – criminal conversation – in 1984 in Cannon v. Miller. The ruling was overturned by the state Supreme Court in 1985. Since then, state legislators have offered a multitude of bills that would outlaw the actions, without success.

Gender Becoming Less Important Factor In Custody Decisions

Published on: May 22, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Does adultery affect who gets custody?”

For a long time now people have assumed that courts are generally unfair to fathers during custody fights. This belief has held not only among men, but women too accept to a certain degree that family law courts prefer giving custody to mothers over fathers. Though there has been plenty of justification for this belief, new numbers reveal that over the past several decades this trend has changed, rather abruptly, and men are far more likely to get a fair shake today then they were several years back.

Experts say that the family law world has undergone a somewhat quiet revolution with regard to men and their custody rights. Slowly, the percentage of men being awarded shared custody has increased from a scant number to a much more substantial share. This shift has as much to do with an increased desire among fathers to play a role in the lives of their children as it does a shift in the way that judges perceive men and women’s roles in raising kids and the importance of having both parties actively involved in parenting.

The trend towards more equitable custody decisions began in the 1970s when family law courts consciously decided to break away from the notion of the male as the financial breadwinner and the woman as a dependent caretaker. Instead, the courts adopted the radical notion that husbands and wives were interdependent, meaning they shared both financial and parenting responsibilities.

Flirty Texting Might Lead To Trouble During Divorce

Published on: May 20, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “What does a “No-Fault’ divorce mean in NC?”

In a bizarre case out of Maryland, a family court judge was forced to tackle the somewhat embarrassing question of what to do when two parties engaged in some rather adult conversations by text. The issue was that the two adults in question were in the process of divorcing one another, and the court had to decide whether their “sexting” was a problem that could derail the divorce.

The issue arose because under Maryland law to secure a no fault divorce a couple must have voluntarily separated from one another for 12 months prior to the filing of the application for divorce. This separation must include the parties living separate and apart without “cohabitating,” a phrase that has been interpreted to prohibit sexual relations between the parties.

The trouble began when Mr. Bergaris filed for divorce from his wife, claiming no fault. Mrs. Bergaris was evidently not interested in divorce and opposed the motion by arguing that during the previous 12 months she and her husband had exchanged numerous sexually explicit telephone communications and text messages. Mrs. Bergaris claimed that these messages meant that the grounds for divorce were invalid and that the request for a divorce should be denied.

Suicide Interferes With Man’s Divorce

Published on: May 15, 2014 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Do I need an attorney to get a Divorce in North Carolina?”

In a tragic case out of New York, one man recently lost a case where he tried to continue a divorce against his former wife who had recently taken her own life. The judge dismissed the matter, saying that prior case law has made clear that once a person dies the divorce case must also come to an end.

The case began back in 2012 when naval reservist Aleida Bordas filed for divorce from her husband of 13 years, David Bordas. Aleida claimed that the marriage was irretrievably broken and that she wanted out of the relationship as a result. The case slowly made its way through the court system until April of last year, when Aleida took her own life.

The suicide took many by surprise and resulted in the winding down of her divorce case, that is, until David realized that Aleida had made some important financial changes just before her death. David argued that these changes were made contrary to the standing order in place in the case that prevented either party from altering the financial status quo. As a result, David asked a judge to keep the divorce case open and undo the changes his former wife had made.