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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?

Olive Branch Charlotte Child Custody Lawyer Mecklenburg Divorce AttorneyMillions, according to a 2012 study commissioned by the bereavement support web site HealBee.

An astonishing ten-percent of couples told researchers they felt compelled to keep their marriage going because they feared the harm a divorce would cause to their children. Even more troubling, researchers added, was that 72-percent of couples who kept it going for their kids’ sake considered themselves separated even though they acted like a couple in front of their children.

Writing for the Huffington Post, divorce expert Brette Semper says parents who think they are selflessly preserving their marriage for their children’s sake may be doing more harm than good.

Semper acknowledges that numerous studies have concluded that divorces have deleterious effects on children’s lives in general, but Semper says divorce can be a better option if the alternative is “a violent, abusive, angry or deeply resentful marriage.”

In a post-divorce life, Semper writes, children may have to live in two homes, literally, but the physical separation of parents who do not get along anymore means that children can “just be kids without having to work around the complex negative emotions present in a conflict-filled home.”

In general, Semper concludes, happier adults—happier parents—means happier kids, and happy people living apart “is certainly a better outcome than living unhappily for years in a difficult marriage.”

Semper also focuses on the lessons children can learn from parents who are willing to face the music, in the open, instead of hiding their disputes behind the placid public façade of a marriage.

Children may learn, for instance, that personal happiness is a worthwhile goal. Sure, human relationships necessarily involve sacrifice, but when a relationship—even a relationship with a spouse—becomes abusive or exploitative, it is important that a proper example is set and that children understand that sometimes the best thing to be done with a relationship is to end it.

The end is always a beginning, it might be said, and not all marriages end because of abuse, exploitation or other like issues. Sometimes marriages end on, seemingly, much less—on boredom, on infidelity, on simply not seeing things the same way anymore. Parties to divorces that follow these disagreements may still get along, they might even get along nicely now that they do not have to hold up the sham of a marriage.

Seeing parents work out their differences through a divorce and parenting agreement can show children the importance of learning to compromise.

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.huffingtonpost.com/brette-sember/why-a-good-divorce-is-better-than-a-bad-marriage-for-kids_b_6925236.html

http://www.dailymail.co.uk/femail/article-2201539/Doing-kids-One-10-married-couples-stay-children-plan-split-grown-up.html

 

 

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http://commons.wikimedia.org/wiki/File:Olive_branch.svg

 

 

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”

 

Catherine Ann Boyd did not set out to make history when she married her partner in a civil ceremony in San Francisco in 2004.

Hand holding Charlotte Divorce Lawyer North Carolina Mecklenburg Family Law AttorneyOn April 1, however, Boyd was granted what may be the Commonwealth of Virginia’s first same-sex divorce, according to the Virginia Beach, Virginia-based Virginian-Pilot.

Boyd told the Virginian-Pilot that she and her spouse were not excited about getting divorced, but she is pleased that same-sex couples are now able to enjoy both the benefits and liabilities that go along with marriage equality, or what Boyd calls “the good and the bad and what comes with it.”

Boyd’s attorney, Jessica Dixon, was unsure whether another same-sex divorce had been granted in the Commonwealth, and could find no record of a same-sex divorce in preparing for the hearing in Boyd’s case. Dixon was not even sure the Norfolk, Virginia-based judge involved in her client’s case would recognize the validity of Boyd’s marriage, much less grant a divorce.

Virginia law prohibits marriages between persons of the same sex. Last summer, however, the United States Supreme Court let stand a lower federal appellate court ruling that declared similar state laws and state constitutional amendments unconstitutional. In essence, since state laws and state constitutional amendments violate the federal Constitution, they cannot be enforced. The Supreme Court is expected to address the issue of same-sex marriage head-on in a ruling expected later this summer.

When Boyd and her now ex-spouse married in California in 2004, the Golden State sanctioned civil unions—an equivalent of marriage for same-sex couples long recognized in some jurisdictions.

Virginia’s registrar, Janet Rainey, told the Virginian-Pilot that she searched and could find no other same-sex divorces, but she also said her office had no way of tracking them. She said the state was changing marriage certificates to provide only the word “spouse” with a line added to provide the gender of parties to a divorce. The office will also begin tracking same-sex marriage and divorce statistics, but the tracking mechanisms will take time to implement.

Dixon told the Virginian-Pilot that one of the biggest hurdles she had to overcome in the divorce hearing was changing some of the wording on divorce forms used in cases. The forms listed “husband” and “wife.” Dixon crossed out those words in the Boyd complaint and wrote, instead “spouse.”

A northern-Virginia based attorney said that parties to same-sex marriages who happen to live in states that do not recognize same-sex marriage could be caught in legal limbo. In general, a party seeking a divorce must be a resident of the state from which one seeks a divorce. Until last summer, same-sex marriage in Virginia was illegal, and even now same-sex couples face an uncertain result in state courts.

Now that the Commonwealth has been compelled, in effect, to recognize same-sex marriage, it has also sanctioned—at least in Boyd’s case—same-sex divorce.

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://hamptonroads.com/2015/04/divorced-gay-couple-equality-brings-good-bad

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-45.2

http://www.statesymbolsusa.org/symbol/virginia/state-nickname-state-quarter/old-dominion

 

 

Image Credit

“Motor City Pride 2011 – participants – 055″ by File made available by Equality Michigan through the LGBT Free Media Collective English | +/− – File made available by Equality Michigan through the LGBT Free Media Collective English | +/−. Licensed under CC BY-SA 3.0 via Wikimedia Commons – http://commons.wikimedia.org/wiki/File:Motor_City_Pride_2011_-_participants_-_055.jpg#/media/File:Motor_City_Pride_2011_-_participants_-_055.jpg

 

 

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What rules are there for Father’s Right in NC?”

 

The State of Massachusetts is considering a change to its custody laws that would end “an imbalance in the courts that favors mothers over fathers,” according to the Salem News.

Father with Child Charlotte Divorce Lawyer North Carolina Child Custody AttorneyThe legislation is being pushed by the Boston-based National Parents Organization and would require judges in most custody cases to consider joint-custody arrangements. Backers of the bill say the societal norms and traditional roles of men and women in child-rearing have changed, and it is time for custody laws to catch up.

North Carolina’s custody laws eliminated the so-called maternal presumption in 1975. A number of other states followed the Old North State’s lead in the ensuing years, but census statistics show—at least in practice—that mothers are awarded sole physical custody of children far more often in contested divorce cases.

Figures from the 2010 census show that eighty-percent of “custodial parents” are women. Ned Holstein, the founder of the National Parents Organization, told the Salem News the figure may be the result of the manner in which courts have traditionally viewed fathers and their roles in children’s lives. Aside from child-support, alimony and weekend visits, courts have often required little of men in divorces.

Many divorced fathers would like to play a more active role in their children’s lives and think a maternal preference—whether formal or informal—is unfair. Furthermore, Holstein explained, weighting one side of the scale with a preference “encourages bitter custody battles.” Instead of beginning with the presumption that custody will be shared, the presumption is that one side’s right to custody is superior, and the battle ends up being over who “gets sole custody of the kids [and] a boatload of child support and alimony payments.”

Critics of the proposed change say “custody laws must be flexible and always put the interests of children first,” the Salem News reports. They say the focus should be on the best interests of the child, not on the leverage dynamics between parents in contested custody cases.

Massachusetts is not the only state considering a change in its custody laws. The Salem News reports that as many as seventeen states are considering proposals that would mandate consideration of joint custody in most cases or which would change the guidelines for judges considering joint-custody arrangements.

North Carolina’s custody laws are premised upon “the interest and welfare of the child” and explicitly bar any presumption in favor of one parent. “Between the mother and father,” the law provides, “no presumption shall apply as to who will better promote the interest and welfare of the child.”

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.salemnews.com/opinion/our-view-child-custody-bill-requires-thoughtful-consideration/article_bac7778b-a6d8-5f6a-8ceb-b536870cd937.html

http://www.masslegalservices.org/system/files/library/JtCiustodySummary%20Memo-5.pdf

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-13.2.html

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:Father_with_child.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?”

 

Custody battles between parents in a litigated divorce case can turn into ugly proxy wars in which, sadly, children serve unwillingly on the front lines. The battles, which often have little to do with the children themselves, are instead often “about control and winning and lashing out” when one parent feels hurt by the words or actions of another.

Fashion Dog Charlotte Divorce Lawyer Child Custody North Carolina AttorneyIt is easy for any conscientious person to understand how a divorce can negatively affect the life and well-being of one’s children.

What about pets?

Alisa Peskin-Shepherd, a family-law attorney and mediator in Birmingham, Michigan, says that family pets can be used by vindictive divorce litigants as proxies in the same manner as children. When a person going through a divorce feels the loss of the love that once served as the foundation for one’s marriage, “holding on to a pet can be reassurance that someone in the world loves [one] unconditionally.”

Peskin-Shepherd writes of an occasion on which a client’s wife presented her with a box of dog excrement. The dog meant a lot to the woman, and even though she had been awarded custody of the dog, the anxiety of the divorce proceedings had allegedly caused it to defecate on the woman’s floor. The woman presented the gift box to Peskin-Shepherd, presumably, as thanks for causing the mess.

That gets to a larger point about pets. Divorce is hard on them too, Peskin-Shepherd writes, because they pick up on the negative feelings generated in a divorce case, causing them to sleep more, eat less, have accidents in the house and exhibit other signs of lethargy or distress.

Custody of a pet is a bit of a misnomer, Peskin-Shepherd adds, since they are considered property, as opposed to “beings deserving of shared parenting time.” Many divorce clients consider pets to be every bit as much a part of their family as children, and many times—Peskin-Shepherd writes—after hashing out the costly and complex issues in a litigated divorce case a client will ask her: “What about my dog?”

Judges in Michigan do not like to rule on pets in divorce cases, Peskin-Shepherd says. That observation comes out of the 30 years she has spent handling divorce cases in the state. With the other serious issues at play in litigated divorce matters, custody of pets is simply an issue over which most courts are not going to help.

Peskin-Shepherd has her own advice about pets in a divorce: “The best approach is to keep the dog with the kids.” Wherever the kids go, depending on the custody arrangement worked out by parents or a court, the pet follows.

If a couple has no children, she says, the best course is to attempt to reach an amicable agreement regarding custody.

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://www.macombdaily.com/opinion/20150326/family-law-courts-dont-decide-custody-for-our-furry-friends

 

 

Image Credit

http://upload.wikimedia.org/wikipedia/commons/1/12/Canis_lupus_familiaris_disguised.jpg

 

 

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can you guarantee I will get the resolution I want?”

 

Two Minnesota State legislators say the very idea of divorce implicates the court system, and that implication leads to another, critical assumption: that parties to a divorce case are adversaries.

Small Meeting Charlotte Divorce Lawyer North Carolina Family Law AttorneyState Rep. John Lesch and state Sen. Sandy Pappas do not believe that all divorces—or even most—involve genuine adversaries. Instead, they allege, many “divorces settle out of court and people just file paperwork for court approval,” according to the Minneapolis Star-Tribune.

If that is the case, the Legislators reason, why force parties into a court system in which they are assumed to be adversaries, and are therefore more likely to “respond with hostility in the very situation that calls for generosity of spirit?” Because divorces require a court order, the process of divorce is suffused with conflict, wrote William Doherty, a professor of social science at the University of Minnesota, in the Star-Tribune.

Doherty was joined by Hennepin County District Judge Bruce Peterson in an editorial supporting a bill recently introduced by Sens. Lesch and Pappas that would create “an administrative pathway that skips the court system” and which would enable—in the representatives’ eyes—a “cooperative private divorce.”

The process would work this way, according to the Star-Tribune: First, couples would submit an online form titled an “Intent to Divorce.” After a 90-day waiting period, couples would be required to submit another form, titled a “Declaration of Divorce.” This document would provide for property division, if any, and any agreements regarding child custody. After that, parties would be issued a “Certificate of Divorce.”

The process—Professor Doherty and Judge Peterson write in their editorial—would mean that couples could enjoy “complete privacy” and would not need a judge’s approval for their divorce. If issues in the divorce did become contested, they could “modify their agreements or scrap the private system and go to court any time they wanted.”

Professor Doherty and Judge Peterson do not believe couples divorcing without the assistance of lawyer-advocates “will screw it up.” They believe, instead, that “the private market will respond with supportive services that not only would reduce mistakes but may prevent some divorces.” They caution that the non-judicial, administrative divorce process could only “be used… by people who can work together in good faith.” Where that is not the case, they write, “Judges will retain authority to vacate private agreements obtained through misconduct.”

In the editorial, Professor Doherty and Judge Peterson suggest that Constitutional challenges to a cooperative, administrative divorce system would fail, writing that the Constitutional “discussion moves from what is the best course of action to a prediction about what a judge might do.”

Constitutional issues, if any, notwithstanding, one of the most dramatic—and undiscussed—changes an administrative divorce system would produce is the “complete privacy” that Professor Doherty and Judge Peterson envision. In most—perhaps all—states, since divorce actions are litigated in courts of law, records relating to those actions are generally open to the public.

The openness of our court system and the ready availability of court documents to the public implicates one of the hallmarks of our system of a transparent government operating by and for the people. Shifting actions out of court and providing “complete privacy” in actions heretofore open to the public may not—as Professor Doherty and Judge Peterson suggest—further “the tide of cultural evolution… toward empowerment and respect for individuals.”

In reality, secrecy may do the opposite.

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.startribune.com/opinion/commentaries/296649391.html

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:GLAM_Serbia_Table_4.JPG

 

 

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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.

Doberman Charlotte Divorce Lawyer North Carolina Family Law AttorneyCold hard cash is not the issue, however, and the split is not quite a divorce, since Szubski and Conrad were not married. The issue between the couple is custody of Cash—their beloved Doberman Pinscher.

Szubski and Conrad broke off their romantic relationship last October, and Conrad moved into a separate apartment not far from Szubski’s townhouse. When she did, she left the 85-pound dog with Szubski, but he allowed Conrad to visit the dog, take it for walks and to care for it when he was out of town.

That all changed—or as Manhattan Supreme Court Justice Geoffrey Wright wrote, “The cordiality of the separation was sundered on Valentine’s Day 2015”—when Conrad showed up at Szubski’s pad to take Cash on a walk and found Szubski with three women.

Conrad took Cash on the walk but never brought the dog back. Apparently Conrad’s mother—Lavelda, then visiting from California—convinced Conrad to keep the dog.

Szubski brought an emergency legal action seeking return of the dog. In a court proceeding last week, Conrad testified that she had always intended for Cash to live with her full time, but she had acceded to Szubski’s desire to have the dog stay with him because she was fearful of his temper.

Justice Wright said he did not believe Conrad, according to the New York Daily News. He noted that Cash has lived the majority of his life with Szubski, that Szubski has paid all of the dog’s expenses, and that Szubski even bought a French Bulldog (named Bernie) to keep Cash company.

Szubski’s petition for emergency relief was granted, and Conrad was ordered to meet Szubski on West 22nd Street—near where both Szubski and Conrad live—to return the dog. Szubski was reunited with Cash last Friday.

The matter did not end there, however; a full hearing on the issue of permanent custody is set for April 3. Mia Poppe—Conrad’s lawyer—said Szubski’s case for custody of Cash is weak because Conrad never gave him the dog.

Furthermore, Poppe told the New York Daily News—while courts have decided custody issues of pets in divorce actions, there is no legal precedent for a court to decide “who is able to keep personal property—including animals” in a boyfriend-girlfriend breakup.

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.nydailynews.com/new-york/media-exec-temporary-custody-dog-heated-battle-article-1.2150977

 

 

Image Credit

http://commons.wikimedia.org/wiki/File:Proud_Doberman.JPG

 

 

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Does adultery affect my divorce case?”

 

Some call it a midlife crisis; some call it a wandering eye; some call it downright bored. Whatever “it” is, 50-year-old self-described “good girl” Robin Rinaldi decided to give it a whirl for one year, agreeing with her husband of seventeen years to try an “open marriage.”

Woman on the beach Charlotte Family law lawyer Mecklenburg Divorce AttorneyThe concept—called polyamory—is nothing new. It is almost as old as infidelity—a concept most people call cheating, except an open marriage takes the “cheat” out of cheating. In effect, a spouse is allowed—if not encouraged—to cheat.

Rinaldi, of San Francisco, California, said that prior to the year of her “wild oat project,” she had only slept with four men, including her husband Scott Mansfield. Her once-a-week love life with the brewer and winemaker was in a rut, and his refusal to bear a child with her was the final straw, she wrote in a recently published book titled The Wild Oats Project.

Her agreement with Mansfield was as follows: Rinaldi would rent an apartment and live there through the week. On the weekends she would return home, where she and Mansfield would live as a married couple. They were not to sleep with mutual friends, not to get into any “serious” relationships, and they were not to have unprotected sex.

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

 

Women who devote more time to homemaking and childcare may be in for a series of post-divorce rude awakenings, according to NBC News.

Sad woman Mecklenburg Divorce Lawyer North Carolina Family Law AttorneyBruce McClary, a spokesman for the National Foundation for Credit Counseling, told NBC that some women “have to start right from scratch” at finding a post-divorce job or home and establishing credit.

While “working-class women get hit harder,” NBC reports, women across all income levels—even women from higher-income levels—often suffer large income losses when they divorce. Laura Tach, an assistant professor of policy analysis and management at New York’s Cornell University, said women who are awarded physical custody of children may stand to lose anywhere from thirty to forty-percent of their income.

The costs associated with childcare and the demands placed on women’s time make it difficult to keep apace of a fast-moving and demanding labor market. A 2012 study published by the Urban Institute showed that less-than-half of “employed, working-class parents” were given paid time off by their employers, while more than half worked “nonstandard hours and nearly a quarter had to work nights,” according to NBC. Keeping up with those demands and keeping up with one’s children can be difficult and, in some instances, virtually impossible.

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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?”

 

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

Bird watching Charlotte Divorce Lawyer North Carolina Family Law AttorneyThat 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.

Continue reading →

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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?”

 

In divorce court, as in any court, litigants must tell the truth. If they do not—aside from damaging their own case—they may face charges for perjury or contempt of court, and the fallout from telling untruths under oath may extend well beyond the courtroom, as a recent case involving a Louisiana police chief has underscored.

Oath of office Charlotte Mecklenburg Divorce Lawyer North Carolina Family Law AttorneyThe chief in question is Lafayette, Louisiana Police Chief Kenny Vines. On January 20, Circuit Judge Ray Martin held Vines in contempt of court after determining that Vines had presented false documents to the court during his divorce case. Judge Martin fined Vines $100 and ordered him to serve a five-day jail sentence, although the jail sentence was suspended on the condition that Vines pay the fine.

The Fifth Circuit District Attorney’s office convened a grand jury to consider whether Vines should be charged with perjury in connection with false statements Vines made about the divorce documents while under oath. Last Friday, a Chambers County grand jury indicted Vines on perjury charges. As soon as Vines was informed of the indictment, he entered into a plea agreement with prosecutors.

According to a statement released on Monday by Fifth-Circuit prosecutors, Vines pled guilty to second-degree perjury and the perjury charge arose out of statements Vines had made to the Circuit Court while under oath. Vines was sentenced to six months in prison, but the sentence was suspended on the condition that he complete twelve months of probation.

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