Separation

State threatens officials who refuse same-sex marriages with civil, criminal penalties

Published on: October 23, 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?”

A memo has been sent by North Carolina’s Administrative Office of the Courts to all magistrates, judges and court clerks in the Tar Heel State warning that if they refuse to officiate same-sex weddings, they may be suspended, removed from office, and may face criminal charges.

According to the memo, refusing to perform same-sex weddings is a willful violation of a magistrate’s duty to uphold the Constitution of the United States.

At least three magistrates in North Carolina have refused to officiate same-sex weddings. On Monday, a magistrate in Elizabeth City refused to perform a marriage ceremony for a male couple. Another magistrate married the couple Tuesday, and according to the Daily Advance, the now-married men do not plan to file a formal complaint against the magistrate who refused them service.

A magistrate in Rockingham County quit his job because he said performing same-sex wedding ceremonies would violate his religious beliefs, according to the Raleigh News & Observer. The Times News reported that an Alamance County magistrate refused to perform same-sex marriages and expected to be out of a job because of the refusal.

The memo from the Administrative Office of the Courts warns that magistrates who “willfully omit, neglect or refuse to discharge any of” their duties “shall be guilty of a Class 1 misdemeanor.”

“War on women” hits close to home for one congressman’s estranged wife

Published on: October 21, 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?”

Congressman Alan Grayson’s war on one woman has taken an ugly turn, with Grayson’s attorney slamming his estranged wife as being a “poor housekeeper” for allowing the condition of the Florida Democrat’s 5,300 square-foot home to become “horrible.”

Grayson, the United States Representative for Florida’s 9^th District, has “called out” Republican political opponents for waging a war “against all of the women in this country.” According to Grayson, the gullible, Confederate flag-waving bigots in the Grand Old Party oppose so-called “equal pay” laws and abortion, and that means they are in a war against women.

That imagined war has become all-too-real for Lolita Grayson, Rep. Grayson’s estranged wife. She claims that Rep. Grayson has failed to pay for repairs and upkeep on the Orlando home she shares with the couple’s four children. Mrs. Grayson alleges in court filings that the home’s roof is leaking, and broken windows are allowing rainwater to penetrate the interior of the home, which has led to a significant mold problem.

Rep. Grayson’s attorney calls the accusations false, saying the congressman spends more than $10,000 per month on the home’s mortgage, child support, utilities and household expenses.

Divorce uncovers apparent sex abuse of minors by prominent actor

Published on: October 9, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “When do you get alimony?”

Divorces do not get much uglier than the one involving actor Stephen Collins and his estranged wife, Faye Grant.

Collins and Grant commenced divorce proceedings in 2012. At the time, the former 7^th Heaven star said he and Grant were moving forward separately with their lives. Collins played a pastor in 7^th Heaven, a popular television series that aired from 1996 until 2007.

In 2012, Collins—who said he regarded Grant as his “dearest friend”—said he knew the couple would proceed through the divorce process “in a way that honors our family.”

Two years on, he may be second-guessing himself.

Grant may not have been as willing as Collins presumed to move on separately with her life—at least not without millions from a divorce settlement with Collins. Grant said she is seeking spousal support and a share of two Brentwood, California properties owned by the couple, valued at $2.7 million apiece. She has also demanded a share of the roughly $44,000 Collins earns in monthly income, as well as the $6 to $7 million the pair have in bank and retirement accounts.

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Published on: September 23, 2014 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question ” Is there some property that the judge cannot divide?”

If you haven’t been subscribing to Legal Matters, our quarterly family law newsletter, you should start now.

This quarter, we discuss how the Internal Revenue Service has spotted a huge gap between alimony deductions claimed and the amount of alimony income received by those entitled to it. In general, people who are ordered to pay alimony to a spouse or ex-spouse can claim and receive a tax deduction. The government report suggests that either people paying alimony are exaggerating the amounts they paid or people receiving alimony are underreporting that income, or both. Deductions exceeded reported alimony income by some $2 billion.

The IRS has announced that it is changing the way it selects tax returns for audits in order to catch more suspicious returns involving alimony. What does this mean for you? It means that when reporting income or claiming deductions related to alimony, you need to be precise. If you have questions regarding how much alimony you should be reporting or the amount of deductions to which you are entitled, you should speak to a family law attorney to make sure you are handling these issues correctly.

Also in this issue of our family law newsletter, we explore how the issue of student-loan debt can complicate divorce settlements. In general, marital debts are divided equally, but many spouses incurred student-loan debt before they married, making it separate debt. Some common issues complicate the division of student-loan debt in divorces, such as whether both spouses contributed to paying off portions of the debt during the marriage, which spouse benefited from the spouse’s degree during the marriage, whether the loans were consolidated and which spouse can afford repaying the debt.

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.