same-sex marriage

U.S. Supreme Court Refuses To Hear Challenge To Gay Parental Rights Case

Published on: March 7, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

The U.S. Supreme Court recently handed down an important victory for supporters of gay parental rights. How did they do that? By remaining silent. The case before the court concerned a lesbian couple in Arizona fighting over custody of their son. The case has been slowly making its way through the court system for years. An appeal was filed to the U.S. Supreme Court after a landmark decision last year by the Arizona Supreme Court, which abolished discrimination between gay and straight couples under state law. The worry by some was that the U.S. Supreme Court would agree to hear the case and potentially disagree with the state court. That did not happen, instead, the Court rejected the appeal, giving no reason for the decision.

Mississippi Woman Sues For Parental Rights

Published on: December 6, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

Tennessee Judge Says Woman Has The Rights of a Husband

Published on: May 24, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

Though it’s gone smoothly in some places, other courts in more conservative states have had a bumpy road adapting to changed legal realities since the landmark same-sex marriage case decided by the Supreme Court in 2015. A good example of this is in Tennessee, where one same-sex couple has spent months and months fighting to get a divorce, something that has proven harder than many expected.

Illinois Implements New Rules To Simplify Divorce Process

Published on: December 6, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.

After Obergefell Part II: Same-Sex Divorce and Child Custody

Published on: June 23, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Note: This is Part II in a series examining the state of legal rights for same-sex married couples, a year after the U.S. Supreme Court recognized their constitutional right to marry. Part 1 can be found here.

Matters of Life and Death: After Obergefell

Published on: June 21, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

As the one-year anniversary to the U.S. Supreme Court’s recognition of same sex marriage has approached, numerous legal issues remain for same-sex families. The massacre in Orlando, Florida in the early hours of June 12 of this year reminds us of just how far LGBT+ equality has come, and how very far it still has to go. This is Part I in a series examining some of the legal issues still confronting same-sex married couples.

One Year After Obergefell, Challenges Remain

Published on: June 16, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

Virginia Supreme Court Decides Cohabitation Rules Apply Equally To Same-Sex Couples

Published on: April 26, 2016 | On behalf of Arnold & Smith, PLLC

Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

Courts across the country continue to grapple with last year’s same-sex marriage ruling from the U.S. Supreme Court. Though the decision altered the legal landscape nationwide, the Supreme Court left much of the implementation to the state courts, issuing a very broad decision. It is now up to the lower courts to work through the many challenges that decision will create.

Same-Sex Adoptions

Published on: February 13, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are covered by child support?”

Same-Sex Adoptions

The Benefits Of Prenuptial Agreements For Same-Sex Couples

Published on: December 29, 2015 | On behalf of Arnold & Smith, PLLC

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

Family law experts have long said that not enough people consider the potential value of a prenuptial agreement. Too often what family law attorneys hear is that prenuptial agreements are only for rich people or those on second and third marriages that want to ensure children from their first marriage are being looked after. This couldn’t be further from the truth, as prenups can be useful in almost any circumstance. Unfortunately, this same prenuptial skepticism has carried over to many same-sex couples who, for the first time, are now able to marry legally nationwide. The reality is that though prenuptial agreements are beneficial to same-sex couples for all the same reasons as they are to opposite-sex couples, there are other reasons why same-sex couples may benefit even more. To find out more about the benefits of prenuptial agreements for same-sex couples, keep reading.