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

 

Think divorce is tough? It’s not tough enough, say activists and legislators in several American states.

Family Values Charlotte Divorce Lawyer Mecklenburg Family Law AttorneySeveral high-profile American politicians—among them former presidential candidates Michele Bachmann, Rick Perry and Rick Santorum—have signed a “Marriage Vow” document produced in 2011 by the conservative organization Family Leader, according to Newsweek.

After taking the vow, policymakers would push legislation that promoted “prompt reform of uneconomic, anti-marriage aspects of welfare policy, tax policy, and marital/divorce law,” Newsweek reports.

The states of Arizona and Utah recently passed laws mandating marriage counseling courses and longer waiting periods for couples wanting a divorce. Legislators in Oklahoma, meanwhile, are considering a law that would require parenting classes for couples with children who are seeking a divorce. Couples in the State of Massachusetts who have children under the age of eighteen and seek a divorce are required to attend a six-hour parenting course, while couples in Arkansas must wait through a standard 540-day divorce processing period after living separate and apart for eighteen months. Both of the Carolinas and Maryland require yearlong separations before couples can file for divorce.

Some attorneys like New York lawyer Matthew Reischer think that making divorce more difficult is a good thing. He told Newsweek that if couples knew divorcing was difficult, they would exercise more caution and intelligence when marrying in the first place.

National divorce columnist Colleen Sheehy Orme, however, says that people are the problem, not laws. She said vindictive spouses play a cat-and-mouse game of “legalized bullying” and needlessly drag out divorce cases, swallowing up already stressed court resources.

Newsweek makes it clear where it stands on the issue, calling it “good news” that lawmakers in some states are trying to make divorce easier. California attorney Rackham Karlsson described a pilot program launched in that state’s capital, Sacramento, called One Day Divorce. Couples pay a $435 filing fee, per party (so $870 total), to “finalize their divorces quickly, cheaply and, most importantly, out of the courtroom.”

A supervising judge in the family law division of the Sacramento Superior Court gushed about the program, telling Newsweek that couples using the One Day Divorce program “are universally smiling and overflowing with joy to the point of high-fiving and hugging their volunteer attorneys—and just as frequently their newly divorced ex.”

Newsweek also cited a new application called Web Divorce Prep—“an online divorce documentation and record-keeping software platform”—geared towards making the process of divorce “easier,” as well as the not-so-new so-called “destination divorce” trend, ending its report with an anecdote from a self-ascribed “divorce encouragist” who said she and her husband split their assets themselves and only had to hire a lawyer “to file.”

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.newsweek.com/breaking-hard-do-arkansas-why-divorce-laws-are-getting-stricter-332531

 

 

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http://commons.wikimedia.org/wiki/File:KdV08VitterFamilyValueMealA.jpg

 

 

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Charlotte Divorce Attorney Matthew R. 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?”

 

Then-Alaska Governor Sarah Palin and her family were thrust into the media spotlight in 2008 when Arizona Senator and then-presidential candidate John McCain named Palin as his running mate in the political race against (then Senator, now President) Barack Obama and running-mate Joseph Biden.

Bristol Palin Charlotte Divorce Lawyer Mecklenburg Family Law FirmSince McCain’s and Palin’s defeat, Palin and her family have been no strangers to the spotlight, with numerous television appearances, at least two reality television shows, and all manner of media reports, appearances and exposes featuring members of the Palin family.

Palin’s twenty-four-year-old daughter, Bristol, appeared in ABC’s television show Dancing With the Stars in 2014 and early 2015. Long before making headlines on the dance competition show, however, the younger Palin made news headlines for a much more personal matter: the birth of her son, Tripp, and her brief engagement to Levi Johnston.

The Palin-Johnston romance—featuring “one love child, two breakups and eight years of dating”—was so well-chronicled (and interesting, evidently) that media sources have continued to follow Bristol Palin, reporting on her recent engagement to ex-Marine and Medal-of-honor recipient Dakota Meyer.

Now, the Daily Mail reports, Bristol Palin is heartbroken again, and this time a secret marriage torpedoed her prospects at matrimonial happiness.

Back in 2008—the same year as Sarah Palin’s vice-presidential campaign—a then-nineteen-year-old Meyer married a young woman named Cassandra Wain in his home state of Kentucky. Meyer and Wain ultimately divorced in 2010. A friend of Wain’s told the Daily Mail that the marriage was a “mistake,” that Meyer and Wain remained civil and that the pair had been in touch as recently as October of last year.

Unfortunately, Bristol Palin did not know Meyer had been married, and only found out about the “secret marriage” recently. Now her marriage to Meyer is off, according to media reports.

Now for the fortunate side of the news: It’s a good thing Palin found out about the “secret marriage” before she married Meyer. Untangling her marriage on the basis of Meyer’s “secret marriage,” while possible, would likely have caused some unnecessary headaches.

In North Carolina, as in many states, a judge can “annul” a marriage in certain circumstances. Unlike a divorce, an annulment voids a marriage—or creates a situation in which, legally speaking, the marriage never existed.

The annulment would be the preferred legal device for a person in Bristol Palin’s shoes, if she had gone through with the wedding to Meyer and only found out about the “secret marriage” afterwards. Palin would be able to argue that Meyer had premised his marriage proposal on false information, and that if Palin had known about the “secret marriage,” she would not have married Meyer.

In North Carolina, parties can obtain an annulment where one party lacks the mental capacity to understand what a marriage is, where one party is impotent or underage, or where a marriage has occurred between family members, or where one party has relied on false information when agreeing to marry.

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-3086757/Bristol-Palin-s-wedding-CALLED-Sarah-Palin-announces-cancelled-nuptials-Facebook-post-days-ex-Marine-groom-s-secret-ex-wife-revealed.html

http://www.ew.com/article/2012/10/09/dwts-mark-ballas-on-bristol-palin-brawl-at-some-point-you-fight

http://abc.go.com/shows/dancing-with-the-stars

http://radaronline.com/exclusives/2014/05/bristol-palin-levi-johnston-tripp-child-support-custody-battle-court/

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_50/Article_1.pdf

 

 

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http://commons.wikimedia.org/wiki/File:Bristol_Palin_by_Gage_Skidmore_4.jpg

 

 

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

 

Joe Naugler says his “free range” children have been free to roam his twenty-six acre Breckenridge, Kentucky property—called “Blessed Little Homestead”—since their infancy.

Muddy Shoes Mecklenburg Divorce Lawyer Charlotte Family Law FirmNaugler’s brand of off-the-grid daily living and raising children has raised more than eyebrows in Breckenridge County. Naugler’s ten children were seized by Child Protective Services last week, according to the Daily Mail, after investigators found that the family was living in a tent, that Nicole Naugler—Joe Naugler’s pregnant wife and the mother of their ten children—had given birth in a tent, that the homestead had no running water or septic system, and that none of the Naugler children were enrolled in school.

Appearing in court to seek to regain custody of the children, Joe Naugler said that the children are homeschooled and that they are “at liberty to go or do what they want on their land,” according to the Daily Mail. That land—Child Protective Services officials allege–contains “numerous piles of garbage, broken glass and nails… scattered about the property…” and a pond with “no barrier around it to prevent the children from entering or falling in.” The Naugler children range in age from five to seventeen years.

Naugler’s nineteen-year-old estranged son appeared at the custody hearing on Monday and accused Joe Naugler of physical, sexual and mental abuse. The now adult son said he had not seen his father in nearly fifteen years, as he was removed from Joe Naugler’s custody when the boy was just four-and-a-half years old. “We had a very dysfunctional relationship,” he told the court.

The Naugler’s updated their “Blessed Little Homestead” page on social media site Facebook following the hearing, reporting that the judge ruled that their children would remain in the custody of Child Protective Services while the investigation into their free-range parenting continues.

The Nauglers say they are seeking to live “a simple, back to basics life,” and that they have been targeted by local authorities who disagree with their approach to parenting. They contend that Breckenridge County Sheriff Todd Pate and other officers entered their property without a warrant or probable cause, seized the couple’s children and arrested the Nauglers. Officers visited the property to conduct a welfare check, according to media reports.

Nicole Naugler was charged with disorderly conduct and resisting arrest after fleeing when Sheriff Pate and another deputy arrived at the Naugler’s property, officials have alleged. Nicole Naugler said she was trying to protect her children from the officers and that she was slammed belly-first against a police cruiser after being pulled over.

Joe Naugler, meanwhile, was charged with misdemeanor “menacing.” The menacing charge stemmed from a confrontation over water involving Naugler and a deputy, according to WBKO. The Nauglers were due to be arraigned on criminal charges on Tuesday.

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-3077706/Alex-Brow-Joe-Naugler-s-son-testifies-against-free-range-father-Kentucky-court.html

http://www.saveourfamily.info/

http://www.patheos.com/blogs/lovejoyfeminism/2015/05/technically-nicole-naugler-is-not-a-homeschool-mom.html

http://www.wnd.com/2015/05/state-seizes-kids-from-family-living-off-grid/

http://www.lrc.ky.gov/Statutes/statute.aspx?id=19733

http://www.wbko.com/home/headlines/Off-grid-Couple-Faces-Hearing-to-Regain-Child-Custody-303273911.html

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:Shoes-in-Mud-2759.jpg

 

 

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

 

Since its inception, the online realm’s “open source” mantra has seen so-called techies from points all over the world collaborating for the betterment of online humanity. That seemed at least to be the idea of the internet in its early days.

Hand shaking Charlotte Divorce Law Firm Mecklenburg Family Law AttorneyIt would be fair to say that since its early days, the net has been corrupted by consumerism, corporatism, celebrity, greed and a host of other unfortunate and downright negative “isms.” Sticking to its initial impetus, however, it was only a matter of time before Silicon Valley techies who love words like “synergy” developed “Wevorce.”

Yes, it is the word “We” attached to the front of the word “Divorce,” and even more frighteningly, Wevorce—“a startup that uses technology and mediators to give parting couples a more amicable—and cheaper—option for divorce” is manned by “a new online network of experts” called the “weCommunity.”

Yes, the term “community” needed a “we” attached to the front of the word to connote just how about “us” it is. Wevorce’s weCommunity features a bevy of “real estate agents, mortgage brokers, insurance agents, counselors, accountants, financial advisers and estate planners” who can help divorcing couples figure out… well, everything! At least, that’s the pitch.

So far, the San Mateo, California-based startup serves most of Northern California, where it “has facilitated the divorce of hundreds of couples, including several in the Bay Area,” the Silicon Beat reports. “The Bay Area,” by the way, means the San Francisco, California Bay Area. The $2 million the company secured in funding nearly two years ago is being used to expand the company’s reach across the fruited plain.

And that’s just what Wevorce is doing: It is ready to roll out its services to customers elsewhere and everywhere, presumably in any far-flung locale within internet’s reach. According to the Silicon Beat, the startup collects “a flat fee that is decided up front.” The size of the fee depends “partly on how complicated” the assets of a divorcing couple are to divide. Wevorce keeps sixty-percent of the fee, “and the mediator keeps the rest.” The Beat did not explain how the real estate agents, mortgage brokers, insurance agents, counselors, accountants, financial advisers and estate planners in the weCommunity are paid. At the time it secured its funding, the TechTimes reported that Wevorce charges divorcing couples about a third of the average $27,000 couples spend on divorces.

The aim of Wevorce, aside from providing a lower-cost alternative to divorcing couples, is to bring the “slow-moving courts to the Web,” according to the Beat. To do that, the company combines “software, video conferencing and other online tools” to help couples “mediate—not litigate” the ends of their marriages.

Attorneys are involved, evidently. They help Wevorce customers “plan their future through in-person meetings or video chats.” All in all, says chief executive officer and co-founder Michelle Crosby, Wevorce can “bring a little peace to the often roiled process” of divorce, according to the Beat.

Crosby herself is a family lawyer and mediator. She told OregonLive that the experience of watching her own parents divorce compelled her, in part, to develop Wevorce.

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.siliconbeat.com/2015/05/05/wevorce-adds-online-network-of-professionals-to-help-families-through-divorce/

http://www.oregonlive.com/kiddo/index.ssf/2015/01/wevorce_aims_to_make_divorce_l.html

http://techcrunch.com/2013/11/21/wevorce-funding/

http://www.techtimes.com/articles/1625/20131123/wevorce-raises-1-7-mn-in-seed-funding-to-make-divorce-less-painful.htm

 

 

Image Credit

“Handshake (3575000735)” by Aidan Jones – Handshake. Licensed under CC BY-SA 2.0 via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Handshake_(3575000735).jpg#/media/File:Handshake_(3575000735).jpg

 

 

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A Hollywood starlet’s ex-flame has sued to prevent the destruction of embryos the couple created through in-vitro fertilization.

Bear Embryo Charlotte Family Attorney Mecklenburg Divorce LawyerThe starlet—Sofia Vergara—told Good Morning America that her ex-flame—businessman and banking heir Nick Loeb—was trying to take advantage of her celebrity to promote himself. Vergara is promoting her latest feature film—a comedy named Hot Pursuit, which opens in theaters in the United States this week, according to the Daily Mail.

Loeb—appearing on the Today show—rebuffed Vergara’s claims, saying his legal action had nothing to do with her. Loeb said “lives were created” through the in-vitro fertilization process, and he acted to protect the embryos.

Loeb filed his action in August 2014, asking a court to order the female embryos to be brought to term using a surrogate. He would then raise the children.

“I can give these children a wonderful life,” Loeb told Today. “These girls will be raised knowing that they have a father who fought for them.” Loeb added that he offered to allow Vergara to waive all financial responsibility for the children, and has said he would raise them by himself.

In an editorial published in the New York Times, Loeb alleged that Vergara’s lawyer—Fred Silberberg—told reporters that Vergara wanted to keep the embryos frozen indefinitely, which Loeb said would be “tantamount to killing them.”

Loeb also told Today that he would be happy seeing Vergara and fiancé-actor Joe Manganiello “take the embryos and bring them to full term” as long as he was involved in the process.

The legal lines concerning embryos created using the process of in-vitro fertilization are still being drawn. Illinois courts have been wrestling for four years with a lawsuit brought by a Chicago man who wants to prevent his ex-girlfriend from bringing embryos they created to term. Courts have focused in that case on the nature of the contract—if any—between the complainants in the suit, but some legal scholars challenge whether a contract between the “creators” of an embryo should dictate the fate of the embryo.

Some states—New York and Texas are two—enforce the contracts between embryo “creators,” while others, such as Tennessee, allow the party wishing to avoid procreation to prevail as long as “the other party had a reasonable alternative option for becoming a parent.” Some states allow destruction of embryos only upon mutual consent of the parties.

The New Yorker estimates that between six-hundred thousand and one-million embryos are frozen in the United States. Writing for the New Yorker, Madeleine Schwartz notes that “both the law and language” surrounding embryos are struggling to keep apace of the actions and choices of couples who are creating them.

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.dailymail.co.uk/news/article-3071987/Sofia-Vergara-ex-head-head-battle-embryos-says-wants-protect-lives-created-says-s-got-trying-advantage-career.html

http://www.newyorker.com/tech/elements/who-owns-pre-embryos

 

 

Image Credit

“Baer embryos” by Karl Ernst von Baer Romanes, G. J. after Haeckel, E. – “Über Entwickelungsgeschichte der Thiere” Bd. I-II. Königsberg, 1828, 1837http://home.tiscalinet.ch/biografien/biografien/baer.htmhttp://commons.wikimedia.org/wiki/File:Haeckel_drawings.jpg. Licensed under Public Domain via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Baer_embryos.png#/media/File:Baer_embryos.png

 

 

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” If I remarry, can they look at my new spouse’s income?”

 

The single greatest source of tension for married couples is money, and the more scarce money is, the more likely a couple is to divorce.

Man working Charlotte Custody Lawyer Mecklenburg Divorce AttorneyWhile the “number of married, college-educated couples” who divorce within seven years of marriage has fallen by nearly a quarter in the last thirty years, the divorce rate among couples who make twice the federal poverty guideline (or just over $30,000 annually) has remained stagnant during the same period, according to the Washington Post.

Andrew Cherbin, a sociologist at Johns Hopkins University in Baltimore, Maryland, told the Post that the divorce rate among poorer couples may be tied to “economic inequality in the country. The more unequal the earning opportunities,” Cherbin said, “the greater the marriage gaps [are] between the classes.”

Writing for the Post, Darlena Cunha claims the research on divorce shows educated and less-educated women moving in opposite directions. In the past two decades, divorces among college-educated women have fallen, while the rate of divorces among women without college degrees has either stagnated or risen.

Bill Doherty, a professor of social science at the University of Minnesota, told Cunha that changing expectations and the changing role of men in marriages may be to blame for the disparity in divorce rates. In general, Doherty said, people interested in marriage want to find someone who contributes equally to household income, “regardless of income bracket. Unless you have a good economic base and a certain level of personal maturity,” Doherty said, “it can be very hard to survive this ideal of modern marriage.”

The immaturity of many modern American men, Cunha suggests, is leading more women to seek to call it quits. She cites the example of “Cece Azadi of Alabama,” who said that once she realized she was the only reliable person in her marriage making money, “there wasn’t much reason to hold onto the marriage.”

Doherty said women are exhibiting a willingness to work hard in school to try to move upwards in their social class, while “the lower-income men, who previously have been shielded from financial instability with factory and industrial jobs, are being left behind.” The numbers, unfortunately, do not reflect that men have caught on.

As Cunha notes, male students comprise just forty-three percent of both higher-education enrollment and students graduating with four-year degrees. Doherty said that more and more women are getting fed up with men who either fail or refuse to carry their own weight. Traditionally, he said, most divorces have been initiated by women. That is still true today, but the disparity in divorces between educated and “less educated mothers” has grown.

Doherty attributes that to women realizing, in increasing numbers, that their partners are not interested in carrying their own weight, which is causing them to move on.

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.washingtonpost.com/posteverything/wp/2015/05/04/men-are-to-blame-for-the-high-divorce-rate-among-americas-poor/

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:Lewis_Hine_Power_house_mechanic_working_on_steam_pump.jpg

 

 

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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?”

 

Legislators in Maryland are considering changes to what the Hagerstown, Maryland Herald-Mail says is one of the nation’s most restrictive divorce laws.

Bird fight Charlotte Family Law Lawyer North Carolina Divorce AttorneyUnder Maryland law, a couple must live separate and apart for a period of one year before seeking a divorce. That requirement mirrors North Carolina law. The public policy behind the requirement in North Carolina is to encourage marriage and the preservation of marriages by imposing barriers to so-called “quickie divorces.”

Legislators in the Old Line State who are experienced in family law want to “broaden the scope of eligible divorces,” according to the Herald-Mail, and one of the principal targets of the proposed broadening is the prerequisite of a one-year’s separation.

Under current law, couples can bypass the one-year separation requirement if adultery or “excessively vicious conduct” is proven. Sen. Bobby Zirkin, D-Baltimore County wants to allow couples who enter into mutual agreements covering the issues commonly litigated in contested divorce cases—alimony, equitable distribution and custody—to bypass the one-year separation requirement.

Sen. Zirkin said doing away with the requirement that couples separate for one year before divorcing is necessary because, he told the Herald-Mail, when couples are “watching their watches” and waiting for the required year’s separation to expire, “that’s the time period when all the mischief happens.”

To that end, Sen. Zirkin suggested, the year’s separation is actually leading to an increase in the burden on courts by instigating dissension between couples and leading to the development of issues that have to be settled via litigation. Sen. Zirkin told the Maryland House Judiciary Committee that giving couples the option of working out their agreements would serve as a kind of “hanging carrot” approach. “This is like hanging a carrot in front of couples who are divorcing,” Sen. Zirkin said. “Work this stuff out and you get the incentive of divorcing sooner.”

A separate bill, filed by Del. Kathleen Dumais, D-Montgomery, would scuttle the requirement that both parties to a divorce prove that there is no prospect that the parties will reconcile and that the separation is voluntary, according to the Herald-Mail. Del. Dumais’s bill is aimed at protecting victims of domestic abuse.

She told the Herald-Mail that a spouse who is guilty of abuse may be unlikely to agree to a separation. “Requiring the abused party to prove that both parties agreed to separate could lead to further anxiety and conflict,” Del. Dumais said.

Even with the proposed changes, the Old Line’s State’s divorce laws will be far stricter than those in other states like Indiana and Nevada—popular choices for couples who see the states as a “divorce destinations.”

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.heraldmailmedia.com/news/local/md-divorce-law-might-be-broadened/article_fa95a08a-db0f-11e4-97ac-373530e2c62e.html

http://www.rgj.com/story/opinion/columnists/2015/02/09/law-cemented-nevadas-place-divorce-capital/23134847/

 

 

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http://commons.wikimedia.org/wiki/File:Nymphicus_hollandicus_and_Melopsittacus_undulatus_-_fighting.jpg

 

 

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

 

A Texas man who accused a judge of conspiring with the Baylor University medical system and the doctor who testified in his divorce and child custody case is claiming his free-speech rights protect statements he made online and in telephone calls to the judge.

Computer programming Mecklenburg Divorce Lawyer Charlotte Family AttorneyLast summer, the man—Michael G. Peters—was ordered by 418th state District Court Judge Tracy Gilbert to sell his property and split the proceeds of the sale with his wife. Gilbert also awarded custody of the couple’s son to Peters’ wife.

That outraged Peters, who posted a video on YouTube on which he aired his grievances against the judge and others. That video drew the attention of law-enforcement authorities, who began monitoring Peters’ online activity.

After posting the video, Peters posted a comment on a Yahoo news story praising the ambush-killing of two Las Vegas, Nevada police officers. Prosecutors allege that Peters said he wished he could have seen the officers’ blood running from “their stinking bodies.”

On June 14—four days after the orders were entered in Peters’ divorce and custody cases—Peters called Gilbert’s home at 6:53 a.m. After Gilbert’s wife told Peters the judge was not at home, Peters asked Gilbert’s wife why the judge cut a deal with those conspiring against Peters.

Prosecutors allege that Peters called the judge’s home again about a month later. Judge Gilbert answered and told Peters not to call again, but Peters phoned twice more that day, leaving messages warning that he was “Out of sight but not out of mind. Remember that, (expletive). See you soon.”

Prosecutors charged Peters with third-degree retaliation for allegedly harming or threatening to harm Judge Gilbert. Texas law makes it illegal for a person to intentionally or knowingly harm or threaten harm to another by an unlawful act in retaliation for or on account of the service or status of another as a public servant, witness, prospective witness, or informant.

If convicted, Peters faces from two to ten years in prison.

Peters’ attorney, Tony Duckworth, acknowledged that some of Peters’ language was harsh, but that Peters’ criticism focused on what he perceived as a corrupt judicial system in Montgomery County. “That’s not a threat against Judge Gilbert,” Duckworth said. “That’s being a good citizen and expressing the free speech right to bring it to the attention of other citizens.”

Duckworth said Peters had a duty to expose corruption. He said Peters never threatened Judge Gilbert with any physical harm, but instead wanted to file a lawsuit.

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.yourhoustonnews.com/courier/news/retaliation-trial-underway-against-man-accused-of-threatening-montgomery-county/article_a171aa1e-eb27-54a1-93ac-51605fd4c1fb.html

http://codes.lp.findlaw.com/txstatutes/PE/8/36/36.06

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.12.htm

 

 

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http://commons.wikimedia.org/wiki/File:Typing_computer_screen_reflection.jpg

 

 

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Do I need an attorney to get a Divorce in North Carolina?”

 

The technological innovations and wholesale changes to American culture brought on by the personal computer and high-speed word and document processing have reshaped the American business, legal and financial realms in untold ways.

Using cellphone Charlotte Family Attorney North Carolina Divorce LawyerNow, writes Steven Butler at ozy.com, the new role technology is playing in “making the crush of casework manageable” is “revolutionizing America’s civil justice system.”

Later this year, courts in a number of states—New York, California, Texas and Illinois are in the lead—will begin allowing litigants to view, fill out and, in some instances, file documents using an application on their handheld, wireless devices.

So-called self-help services can help save time in appropriate cases. In the family-law realm, the uncontested divorce—at least in theory—could be undertaken via smart-phone application or similar means, but even in uncontested divorces, some pesky issues can creep up that may leave self-helpers in a lurch.

The problem with self-help divorces is that, unlike taxes, the ins-and-outs of divorce are controlled by state law. Under the umbrella of state law, courts in judicial circuits in North Carolina (and, presumably, in local judicial subdivisions in other states) require litigants to abide by local rules of practice and procedure. Failure to abide by these rules can cause delays, dismissals, or can send parties running into the offices of the lawyers they sought to avoid by using an app.

What’s more, “the complexity of cases,” writes Butler, “along with subtleties of things like rules of evidence and legal definitions, for example, have traditionally left these matters in the hands of lawyers and judges.” That’s where most contested divorce matters will stay, unless the Tar Heel State sees a complete mapping-over of its divorce laws and legal precedent, which no one is predicting or anticipating.

For couples whose marriages are short in duration, involve few to no marital assets, no children, and no contested issues, the availability of online documents and an online filing system may be helpful. It may save these litigants time, but the system for self-help litigants is already streamlined, especially in judicial districts in large metropolitan areas like Charlotte.

As Butler concedes, many litigants will still be better off with lawyers. He notes that in the criminal context, some “access-to-justice advocates” have not given up on the notion that everyone ought to have the right to counsel.

Not everyone has that right, and many who desire the assistance of a lawyer do not have the money to pay for one. Glenn Rawdon, technology program counsel at the Legal Services Corporation, told Butler that at least providing forms and an online application to use qualifies as “some form of effective assistance” to those needing legal help, “even if they can’t afford a human being with a law degree and a license to practice.”

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAW Matthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://www.ozy.com/fast-forward/lawyering-without-the-lawyers/40504

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:Mobile_Phone_image..png

 

 

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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.

Couple vacation Charlotte Family Attorney Mecklenburg Divorce LawyerA number of niche companies are putting a new twist on couples getting away from it all. Instead of honeymooning in an exotic location, couples are putting the final, finishing touches on a marriage while they vacation in favorite hotspots.

The concept of a divorce getaway is nothing new. Writing for Reuters at qz.com, Enrique Castro-Mendivil notes that Americans wanting quick divorces in the Nineteenth Century traveled to the State of Indiana, where divorce laws were considered comparatively lax. From the early-to-mid Twentieth Century, Nevada became the stateside divorce hotspot. In the twenty years between 1940 and 1960, Castro-Mendivil notes, some half-million couples fled over the southern border to Mexico to obtain divorces.

Then, in 1973, Castro-Mendivil writes, the Dominican Republic began offering $900 divorce packages. The packages included the provision of a lawyer, and only one party to the divorce had to attend the hearing. Castro-Mendivil recalls how his own parents took advantage of the lax residency requirements of the island republic and made a holiday out of their divorce.

The option is still available to couples, writes Castro-Mendivil: “You still can divorce by mutual consent in the Dominican Republic with no residency requirement.” What has changed since 1973 is that most American states have adopted their own versions of the no-fault divorce. Given that, couples can make a divorce getaway to just about anywhere… almost.

A couple planning a divorce get away in North Carolina would have to abide by the Tar Heel State’s residency requirements, meaning at least one party must have been a state resident for at least six months before filing the divorce petition. Couples must also certify that they have lived separate and apart for one full year before a divorce can be granted.

Those rules make the Tar Heel State an unlikely destination for destination-divorcees. Other states with less-than-exotic locales are offering so-called “destination divorces,” however. Attorney Chris LePan of Rosswurm Law in Fort Wayne, Indiana, says his firm handles “destination divorces,” but couples can choose to travel wherever they choose. The law firm partners with couples to handle the logistics of conducting a divorce while the parties vacation elsewhere—presumably somewhere more exotic than Fort Wayne.

LePan said he recently traveled with a couple to Scottsdale, Arizona where, in between golf and spa treatments (and away from the well-meaning but sometimes overwhelming advice and badgering of families and friends), he was able to help the couple reach the resolution they wanted.

LePan and others believe the calming effects that vacation-style travel imbues leads “to a fairer, and less expensive, settlement.”

If you find yourself facing a complicated family law matter, it is best to consult with an experienced family-law attorney in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact the experienced family-law attorneys at Arnold & Smith, PLLC today at (855) 370-2828 or find additional resources here.

 

 

About the Author

ARNOLD & SMITH LAWMatthew Arnold is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of family law, divorce, child custody, child support, alimony and equitable distribution.

Mr. Arnold was born and raised in Charlotte, where he graduated from Providence Senior High School. He attended Belmont Abbey College, where he graduated cum laude, before attending law school at the University of North Carolina at Chapel Hill on a full academic scholarship.

A board-certified specialist in the practice of Family Law, Mr. Arnold is admitted to practice in all state courts in North Carolina, in the United States Federal Court for the Western District of North Carolina, in the North Carolina Court of Appeals and Supreme Court, and in the Fourth Circuit United States Court of Appeals in Richmond, Virginia.

In his free time, Mr. Arnold enjoys golfing and spending time with his wife and three children.

 

 

Sources:

http://qz.com/377785/destination-divorces-are-turning-heartbreaks-into-holidays/

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:DeniseBill.jpg

 

 

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https://www.youtube.com/user/ArnoldSmithPLLC/videos

 

 

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