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Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina. Topics discussed include: How to choose a divorce lawyer? How long does a divorce take? How much does a divorce cost? When can a person get an annulment?

 

A recent survey by a company called FindTheHome set out to rank cities according to divorce rates. Specifically, the survey sought to identify the one city in each state with the most divorces, dubbing the city that state’s “capital of divorce.” The ranking was just released and the results indicate that in North Carolina, the capital is located in Thomasville.

 

Number 1 Charlotte Divorce Law Firm Mecklenburg Separation AttorneyThough Thomasville is a small place, with a population just under 30,000, the city has a sizable divorced percentage of nearly 16%. This places North Carolina right in the middle of the pack, at number 25 on the national rankings. To get a sense of perspective, the country’s capital of divorce is Covington, KY, with a divorced percentage of just under 19%. On the opposite end of the spectrum, is Burlington, Vermont. That city has a divorced percentage of only 8.6 percent, dramatically less than Covington and half that of Thomasville, NC.

 

Though many see the rankings as rather unflattering, another article out this week on Yahoo explores some seldom-discussed upsides to divorce. In honor of North Carolina’s divorce capital, let’s spend some time walking through some of the benefits of divorce, something that the residents of Thomasville know all too well.

 

One benefit of divorce is that you get to make the rules in your house. You may have spent years learning to cooperate with your spouse, seldom getting what you want. Now that you’re divorced, the cooperation can largely come to a stop. What goes on in your house is now solely your decision. That means you get to make the rules for how the children behave when they’re under your control. Though co-parenting still requires some alignment regarding the children, the nitty-gritty details no longer have to be agreed to jointly. If you think the kids can stay up a bit later or eat a healthier diet, the choice is now yours alone.

 

Another benefit of divorce is the fun of establishing new traditions. Though the loss of family events can be one of the most difficult aspects of splitting up, a silver lining is that you now get to create new traditions of your own. These can be silly weekend traditions or important new routines for major holidays. The fun is in starting over fresh and thinking of interesting new ways to create meaningful moments with the kids.

 

Another often-unsung benefit of a divorce comes with shared custody. One the one hand, when it is your time with the kids, you get the kids entirely to yourself. This allows for a lot more one-on-one time. Though it can be difficult in a shared custody situation to relinquish control and then spend days without seeing your children again, here too lies another surprising benefit: a bit of peace of a quiet. When you were married the kids were there each and every day. If you’re in a shared custody arrangement, you’ll now need to get used to days without the kids. Though this can be tough, it can also be nice; allowing some time to yourself, time to get chores done and time to relax, leaving yourself refreshed and ready when the kids come home.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://myfox8.com/2016/01/29/triad-city-named-the-divorce-capital-of-north-carolina/

https://www.yahoo.com/parenting/5-upsides-to-being-divorced-and-1353913487745078.html

 

 

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http://www.freeimages.com/photo/number-1-1149714

 

 

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does uncontested divorce mean?”

 

Though it’s best when both sides know that a split is around the corner, it does happen on occasion that one party feels blindsided by the filing of divorce papers. They may have been happy while their partner was miserable, oblivious to the problems that had been lurking in the marriage. It can be hard to be the spouse who was caught unaware and it can take time to process.

 

Top Secret folder Charlotte Divorce Lawyer Equitable Distribution AttorneyEven worse than being caught by surprise with a divorce filing is to be caught by surprise 20 years after a divorce was filed. A woman in New York found herself in the terrible position of discovering, completely by accident, that the man she believed was her husband had secretly filed for divorce more than 20 years before, an attempt to protect his assets should things with his wife go badly.

 

The bizarre case began back in 1994 when the couple met in Boston. It was evidently love at first sight, and the two were married soon after meeting. It was by all accounts a happy marriage, with the couple purchasing property in New York City, Boston and France, spending years shuttling between their multiple homes and growing old together, even having a son along the way. Unbeknownst to the wife, her husband had taken steps to protect his money from the very start of the marriage.

 

It’s now been revealed that only four months after the two were first married, the husband hired a lawyer to secure a divorce in the Dominican Republic. The two never lived in the Dominican Republic, it appears to have been seen as a friendly location to get the divorce finalized. The man hired his lawyer and then another lawyer, supposedly to represent his wife. The basis for the divorce was “incompatibility of temperaments”.

 

Once the divorce was finalized, the husband then used the records to try and have his wife’s name removed from various pieces of property, transferring everything into his name. Decades went by and there was never any indication that anything was wrong, until one day, the woman says she opened a tax bill for their property in New York and noticed her name was not listed. She was curious and hired a lawyer to investigate and the whole secret unraveled before her eyes.
The woman has now filed a claim in a New York court asking that the divorce in the Dominican Republic be nullified. She says that she never knew about the divorce and never knowingly authorized any attorney to act on her behalf in the matter. She says any consent that she supposedly gave would only have happened if she were impaired, drugged or misled. She also claims that the divorce is not even legal in the Dominican Republic, because neither spouse ever appeared in court.

 

The woman argues that the sham divorce was an attempt by her husband to rob her of money that is rightfully hers. Greed, not a genuine marital problem, motivated the secret divorce proceeding and she is now hoping that she can convince a New York judge to undo the divorce. If she succeeds, her husband will then have to file for a real divorce in the U.S., giving the wife the opportunity to demand her share of the marital estate, something that appears to have been denied to her the first time around.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://nypost.com/2016/01/24/husband-secretly-divorced-wife-after-wedding-to-protect-assets/

 

 

Image Credit:

http://www.freeimages.com/photo/top-secret-1239728

 

 

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Does Reconciliation After Divorce Undo Settlement Agreement?

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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?”

 

It’s a common refrain among those in unhappy marriages: staying together for the sake of the kids is the right thing to do. Though it’s noble that parents are willing to sacrifice for the sake of their children, it has become clear that the sacrifice is not only not necessary, but apparently not useful. A recent study by Swedish researchers indicates that children who are the products of divorced parents turn out just as well as those with married parents. In this case, the conventional wisdom that smiling through a bad marriage is good for the kids appears not to be true.

 

The recent study looked at a whopping 150,000 Swedish school kids, tracking those whose parents are married and those whose parents divorced, in an attempt to learn something from the comparison. The researchers from Stockholm University say they believed that parents who had divorced would have children who were more likely to suffer from mental health problems than those children whose parents stayed together. It turns out, the researchers were wrong.

 

Instead, the study uncovered that there were only negligible differences in the mental health of children who were the product of divorce and those whose parents were either married or cohabitating. That being said, there is one thing that must occur for the children to turn out as well as they do: the divorced parents must co-parent, meaning that they spend time living with each parent.

 

The studies discovered that children living with each parent had measurably better mental health than those who lived with just one parent. The researchers were quick to note that this could be for a variety of reasons. One is that the parents were emotionally supportive, providing the necessary love and attention that comes with co-parenting. Another might be that the parents have better resources and thus are able to create better environments for the children to grow up in.

 

Previous studies conducted in the U.S. have reached similar results, that it isn’t the issue of divorce that is the determining factor for how children turn out, but how the kids are raised. One study indicated that those who spend time with both parents, in joint custody arrangements, have similar behavioral and school success as those with married parents. The difference that was shown was in those cases where parents divorced and one parent ended up playing a greatly diminished role in the child’s life.

 

Children who have meaningful contact with both parents, who aren’t placed in the middle of a warring family, turn out better than those who don’t. All too often, parents believe that this means they must remain together even if it’s clear the marriage will never work. The good news is that you don’t have to endure a painful marriage for your child to succeed. It’s possible to create a stable family for children even if that means the parents are living in two different houses. Simply work together for the sake of your children, cooperating and co-parenting; your kids will thank you later.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://www.dailymail.co.uk/health/article-3402583/Couples-stay-sake-children-not-doing-best-thing-youngsters-mental-health.html

 

 

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http://www.freeimages.com/photo/holding-hands-1512025

 

 

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How to determine jurisdiction in a multistate custody dispute

Rights of Stepparents in Custody Disputes

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Charlotte Divorce Attorney Matt Arnold of Arnold & Smith, PLLC answers the question: “What does a “No-Fault’ divorce mean in NC?”

 

Most people think that once a divorce is over, it’s over. After all, you’ve spent substantial time and money trying to undo your ties to another person, why would you continue to have contact once you’re finally free? Sometimes though, things don’t go so smoothly, life’s messy after all, and lengthy relationships can be hard to leave behind. The question becomes, once you start to muddy the water, getting back in touch with an ex after the divorce is already signed and sealed, does that reconciliation undo the terms of the divorce or will the settlement agreement remain in effect? To find out more, keep reading.

 

Balled up paper Charlotte Divorce Attorney Mecklenburg Child Custody LawyerA recent case out of Pennsylvania dealt with exactly this issue. A couple got married back in 1992 and had a number of happy years together. However, things eventually soured and the coupled separated in 2006 and divorced a year later, signing a settlement agreement at the time. Among many of things that the settlement agreement dealt with was that the husband would agree to pay the wife $40,000 in installments. The two also agreed to share half of the cost of their children’s college education.

 

Not long after the divorce was finalized the two reconnected and lived together from 2009 through 2010. The second go at the relationship ultimately failed and the husband moved back out. The problem arose when the husband decided he no longer wanted to abide by the terms of the 2007 divorce settlement agreement. He stopped making installment payments to his wife and claimed he wasn’t legally responsible for half the kids’ college costs.

 

A lawsuit ended up resulting from the dispute and the husband argued that the court should support his decision to ignore the terms of the settlement agreement. According to the husband, the agreement should be deemed abrogated. As the husband’s lawyer pointed out, other states embrace the concept of abrogation. This concept says that those portions of the settlement agreement which have not yet been performed at the time of reconciliation are deemed void. In this case, that would mean the portion of the $40,000 that had not been repaid before 2009 would not need to be paid and the responsibility for college costs would also vanish.

 

The Pennsylvania court disagreed with the husband’s argument. According to the court, the divorce settlement agreements are deemed contracts and are fully enforceable under the law. The Court refused to join other states that embrace the concept of abrogation, saying that the wife had not abandoned her rights under the agreement by briefly reconciling with her ex-husband. The Court pointed out that the agreement did not contain any language that required either party to continually demand performance to preserve the right to enforce the agreement at a later date. As a result, the husband was ordered to continue paying the remainder of the $40,000 to the wife, take responsibility for his half of the kids’ college costs and reimburse his ex-wife for legal expenses.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://www.jdsupra.com/legalnews/reconciliation-does-not-void-prior-35243/

 

 

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http://www.freeimages.com/photo/paper-ball-1425821

 

 

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Matt Arnold of Arnold & Smith, PLLC answers the question “What are my custody rights if the other parent moves?”

 

The country today is a very different place than it was several decades ago. People are far more mobile, thanks to improved transportation and technology. As a result, jobs move frequently and relocations, which might have only been across town, can now involve moving thousands of miles across the country. If that happens and a custody dispute occurs between parents spread across two different states, how do you decide which state hears the case? To find out more about resolving jurisdictional disputes, keep reading.

 

For sale by owner Charlotte Divorce Attorney Mecklenburg child custody LawyerFirst things first, jurisdiction refers to a court’s ability to properly hear and decide a matter. When parents are located in two states, the first question that must be answered is which state has jurisdiction to decide the case. In North Carolina, and every other state in the U.S., the issue is governed by the UCCJEA, also known as the Uniform Child Custody Jurisdiction and Enforcement Act.

 

What’s the UCCJEA and how did it come to be? The UCCJEA is what’s known as a uniform law, meaning it was designed specifically to be adopted by multiple states, an attempt to harmonize differences when it comes to determining jurisdiction in child custody cases. The UCCJEA was adopted (with some minor modifications) by all 50 states and the District of Columbia and is meant to avoid conflicting answers to how jurisdiction is decided.

 

So what are the situations in which North Carolina would have jurisdiction in a custody dispute case? First, North Carolina would have jurisdiction if it is found to be the home state of the child. We’ll explain more about how a “home state” is defined in a minute. Second, North Carolina would have jurisdiction if a court of another state is not found to be the home state and it is found to be in the child’s best interest because the child and one or both parents has a substantial connection with North Carolina and evidence relevant to the case is present in North Carolina. Third, North Carolina would have jurisdiction if another state that would have jurisdiction has declined to exercise the jurisdiction. Finally, North Carolina would have jurisdiction if no other state would have jurisdiction under the UCCJEA.

 

Let’s get back to the first basis for jurisdiction, home state, which is how most of these jurisdictional issues are decided. It’s often the case that that under the UCCJEA, a child’s home state is the one that has jurisdiction to make initial custody determinations. The home state is defined as the state in which a child lived with a parent for at least six consecutive months prior to beginning the child custody case. This only applies provided that at least one parent remains as a resident of the state.

 

This home state definition can prove very important in some custody cases. A good example would be if a couple, A and B, decide to divorce and A takes their two young children from North Carolina to Florida. A then files a child custody dispute in Florida, arguing that Florida has jurisdiction as the children’s home state. This is not accurate, as B remains in North Carolina and the children resided in North Carolina for at least six consecutive months prior to the case being filed. North Carolina would be deemed the home state and therefore should have jurisdiction.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0050A

 

 

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http://www.freeimages.com/photo/for-sale-sign-1445308

 

 

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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.

 

Same-sex icon Charlotte Prenup Attorney Mecklenburg Divorce LawyerNow that same-sex marriage is legal here in North Carolina, couples will be forced to consider the same things that opposite-sex couples have long wrestled with, including whether or not to draft and sign prenuptial agreements. Quickly, let’s discuss some of the advantages to a prenuptial agreement. Prenups can be very useful in making divorces simpler. The reason is that much of the fighting in a divorce concerns the division of assets. By deciding these matters in advance, there becomes much less to fight about during the divorce itself, saving both time and money.

 

Prenups are also useful in that they can clarify the ownership of specific items of property. For example, if you enter your marriage with a treasured family heirloom, artwork or jewelry, for instance, you can insert language in the prenup explaining that the item is separate property and, should a divorce occur, will remain with one spouse or the other. Again, it’s a way to tackle issues in advance when tempers are cool and the parties are behaving rationally.

 

So why might prenups be even more beneficial for same-sex couples? One reason concerns the awarding of alimony and other spousal maintenance. There’s been a big push nationwide in the past several years to curtail the awarding of long-term spousal maintenance, with legislatures and courts moving to limit such payments to only long-term marriages.

 

For same-sex couples, this could prove problematic. If, for example, a couple was together for years, potentially even decades, as committed partners, but unable to marry due to legal restrictions, it’s possible that these years could be ignored by a family court when making decisions involving spousal support. For instance, if a couple were together 20 years, with one spouse quitting work to stay home with the kids or manage the house, then marriage was legalized and a divorce occurred only a year a two later, it’s possible that a judge could view the relationship as only lasting a year or two.

 

This would seriously shortchange the spouse who had stayed home all those years, meaning he or she could be left with no spousal maintenance and no legal recourse. One way to address this is to tackle the issue in a prenuptial agreement, using the document to specifically declare the length of the relationship and preemptively address issues such as support. This avoids the risk associated with leaving such an issue up to a family court, allowing you to take control of your future rather than leaving it to chance.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://www.jdsupra.com/legalnews/prenuptial-agreement-considerations-for-42697/

 

 

Image Credit:

http://www.freeimages.com/photo/lift-sign-1253896

 

 

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Commonwealth sees what may be its first same-sex divorce

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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?”

 

It isn’t uncommon for couples in the midst of a divorce to have second thoughts, wondering whether the decision was actually the right one. The good news is that should you change your mind, you have the ability to backtrack and, up until the moment the divorce is finalized, you can withdraw your petition for divorce. It can be comforting for some people to know that the process, once put into motion, can still be stopped. However, a recent ruling from the New Hampshire Supreme Court demonstrates that there’s a limit to when the divorce can be undone. Keep reading to find out more about the limits judges have when undoing a divorce.

 

Eraser Charlotte Divorce Attorney Mecklenburg Child Custody AttorneyThe case in New Hampshire began last year when a couple, Terrie and Thomas McCarron, decided to divorce after several decades of marriage. Their divorce was finalized late last year and then in March of 2015, the couple decided they had changed their mind. Despite being divorced for several months, paperwork done, orders signed, the two tried to get a family court judge to rescind the divorce order, allowing them to remain married. Unfortunately for the couple, the judge said no.

 

The couple then appealed the decision up to the New Hampshire Supreme Court, arguing that they should be allowed a period of time to request that the divorce be unraveled. The two claimed that because they have reconciled and are now behaving as a couple, the divorce order ought to be deemed invalid. The Supreme Court disagreed, unanimously, deciding that divorce in New Hampshire is meant to be final and any allowance for it to be reversed would have potentially negative consequences, calling into doubt the true finality of the process. The Supreme Court affirmed the decision of the lower court, making clear that state law grants judges the power to divorce couples, not to undo divorces.

 

Though the idea of undoing a divorce may seem strange to most people, it is actually possible in several states. Courts in Illinois, Nebraska, Mississippi, Arkansas, Maryland and Kentucky permit divorces to be vacated so long as requests are filed within a certain time frame. Other states, like New Hampshire, specifically make clear that such rescission is impossible once the divorce order has been signed.

 

Many people might be wondering why the couple didn’t just remarry, saving the time and energy of the legal fight. Experts say that for financial and business reasons, a divorce and remarriage would be problematic, while rescinding the divorce order would be helpful. Unfortunately for the couple, the courts disagreed and they will now have to go through the formal remarriage process.

 

In North Carolina, you have many opportunities to retract your divorce decree, before it’s been served on your partner, after service and even right up until the very end. Once the divorce decree is signed and the divorce is final, you will not be able to retract or undo the split. If you decide at that point that you would like to remain married, you’ll need to marry again. Only in very limited circumstances, such as a legal mistake or fraud, can the divorce actually be legally undone.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://hosted.ap.org/dynamic/stories/U/US_CANT_UN_DIVORCE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-12-26-08-51-16

 

 

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http://www.freeimages.com/photo/erased-1506847

 

 

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Case Demonstrates Difference Between Separate vs. Marital Property

Khloe and Lamar example of how a divorce is only final when it’s final

Published on:

Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina. Topics discussed include: How to choose a divorce lawyer? How long does a divorce take? How much does a divorce cost? When can a person get an annulment?

 

One of the most troublesome aspects of a North Carolina divorce can be the division of property. It’s difficult for a lot of reasons, legally, financially and even emotionally. People can become attached to items of property for sentimental reasons or want to deny them to a spouse out of spite. The division can also be difficult because the parties to the divorce both need money and want to walk away with enough to feel like they’ve gotten a fair shake. Another reason it can be complicated is because the law inserts itself into something very personal: dividing up a couple’s worldly possessions. This kind of intrusion can be very complicated and often lacks finesse. Keep reading to find out about a good example of such a division and the important lesson the story holds for those in the midst of a North Carolina divorce.

 

Ripped page Charlotte Divorce Lawyer Mecklenburg Child Custody AttorneyThe case began when a couple in Etowah County, Alabama decided to divorce last year. Carlaine Henry filed to divorce her husband, James Henry, and when she did, asked that she get to walk away with James’ prized possession: a 1994 Chevy Corvette. Carlaine argued that this was a fair request given the couple’s resources and that, should James want the car badly enough, he could offer to buy her out to the tune of $13,000.

 

The judge in Etowah County ultimately agreed with Carlaine, ordering James to give the car to his ex-wife. James, unsurprisingly, was irritated with the turn of events and decided to appeal the case, believing the judge had decided the issue incorrectly.

 

It’s good for James that he did, because he can now drive around town in his ’94 Corvette. The Alabama Court of Appeals heard the case and issued its decision this past week. The Court held that the lower court judge was wrong to award Carlaine the vehicle. The Court noted that the vehicle had been given to James more than a decade before the couple was married, a gift from his grandparents. The property was separate, not marital, and was thus not subject to the equitable division process.

 

Though things ultimately ended well for James, it might not have had he not decided to invest the time and energy into an appeal. The case is a good illustration of an important point: all property is not created equal. Everyone understands that an important part of any North Carolina divorce is the division of a couple’s assets. What some people fail to understand is that this division only applies to those assets that are jointly owned, otherwise known as “marital property.”

 

The Corvette, as the Appeals Court correctly noted, is not marital property. It was acquired prior to marriage and was a gift to one party, two clear indicators that an item of property is not marital, but separate. The fact that the gift occurred so far in advance of the marriage is further proof that the vehicle is a separately owned, not joint asset. Separate assets are immune from division in a divorce as they are deemed the separate and sole property of the owner. As a result, before judges begin dividing property, it’s important to take separate property out of the equation, only putting those items on the table that are truly jointly held assets.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://abcnews.go.com/US/wireStory/man-wins-custody-94-corvette-alabama-divorce-case-35720179

 

 

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http://www.freeimages.com/photo/torn-paper4-1186844

 

 

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It’s common for people to think through the potential impact a divorce could have on their lives. For instance, would the divorce cause problems among family members or force friends into an awkward spot? Something most people wouldn’t think about is how the divorce may impact them at work. However, that’s precisely the subject of a recent New Jersey Supreme Court case, which delved into the impact that a divorce can have on your job.

 

Stack of files Charlotte Divorce Lawyer Mecklenburg Family AttorneyThe current case is Smith v. Millville Rescue Squad. The facts are that about nine years ago, a man named Robert Smith and his wife decided to divorce. Though this wouldn’t seem to be very unusual, a step taken by tens of thousands of people in New Jersey each and every year, it proved controversial for Robert. The problem was that he and his soon-to-be ex-wife both worked together at the Millville Rescue Squad.

 

Though most people would assume a person’s marital status should have absolutely nothing to do with their employment, Robert’s boss on the rescue squad disagreed. The boss was worried that an acrimonious divorce (caused by an affair) could lead to problems at work and impact everyone on the squad. The boss then ordered Robert to reconcile with his wife, something Robert tried for seven months before explaining that reconciliation would not be possible. Rather than wait and handle any problems should they arise, the boss decided to get out in front of the mess and preemptively fired Robert.

 

Robert, not content with the precedent this set, filed suit and his case is now before the New Jersey Supreme Court. The Supreme Court heard oral arguments this week and expects to issue a decision soon. The issue in the case is whether the reason for the firing was actually his marital status (or lack thereof) or if it was based on expected misconduct.

 

At the district court level, Robert argued the case amounted to clear discrimination based on a protected issue, his marital status. The rescue squad argued that the firing was not based on his marital status, but instead due to his conduct or expected misconduct (the nasty divorce). The district court judge agreed and threw out Robert’s claim. Robert then appealed to the Appellate Court, which rejected the district court’s decision. The Appellate Court noted that Robert was terminated based on stereotypes about divorce and divorcing persons. More specifically, that those going through a divorce are antagonistic, uncooperative and unable to remain professional in one another’s company. There was never any instance of unprofessional conduct at work or any evidence that the divorce was ever ugly.

 

Instead, the rescue squad terminated Robert based on what it assumed would happen given the change in his marital status. Employers should not be allowed to base hiring and firing decisions on something so personal as an employee’s decision to stay married or not. Marital status, like race, gender and religion, should never factor into such calculations, basing a person’s job performance purely on the work they do. So long as the two were able to remain professional, there was never any actual reason to fire Robert or his wife. The hope is that the New Jersey Supreme Court agrees.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://www.natlawreview.com/article/choosing-sides-divorce-does-it-apply-to-employers-too-new-jersey-supreme-court

 

 

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http://www.freeimages.com/photo/office-1238730

 

 

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http://www.youtube.com/user/ArnoldSmithPLLC?feature=watch

 

 

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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?”

 

We’ve discussed before the trend in the U.S. concerning late-in-life divorce, despite the fact that the overall divorce rate appears to be declining, divorce among seniors and those in long-term marriages is rising rapidly. The trend of increased divorce later in life is apparently not limited to the U.S., but is spreading to Asia, specifically, South Korea. That country is undergoing important legal and social changes that have led to the increase. To find out more about “twilight” divorce, keep reading.

 

Sunset Charlotte Divorce Lawyer Mecklenburg property division attorneyFirst, what is a “twilight” divorce? The phrase was created by South Korean writers to describe those couples filing for divorce after 20 plus years of marriage. Previously, this would be almost unheard of in South Korea, where divorce was often viewed as a shameful admission of failure, a terrible last resort that few people would ever willingly entertain.

 

That idea has begun to change and the older generation, more than any other, have embraced the benefits associated with divorce. The numbers tell the tale: last year more than 33,000 couples filed for divorce with marriages lasting longer than 20 years. This group accounted for nearly 25% of all divorces, an astounding increase of 30% in the past decade. Though the overall divorce rate peaked in 2003, later-life divorce is rising rapidly and shows no sign of stopping.

 

One reason for the change is the increase in economic opportunities for women, especially older women, in South Korea. Previously it was difficult for a woman to find work outside of the home, meaning many women were trapped and unable to provide for themselves financially. Today, the economy has changed and women now have seemingly endless opportunities, giving them the kind of independence that is often required before divorce becomes a realistic option.

 

Another important change that has led to the increase concerns the law. Previously, divorced women were routinely denied fair division of the couple’s marital assets, with judges often siding with husbands and handing down wildly unfair decisions. Women who did not work outside of the home were often the most disadvantaged, with the courts refusing to allocate a share of the household wealth to reflect the woman’s contributions. That meant that women were stranded in unhappy marriages and, should they decide to leave, would be left with nothing. Starting over from scratch, especially later in life, is an unappealing proposition for even the unhappiest of couples.

 

Thankfully, the courts realized the error of their ways and, just last year, the Supreme Court ruled that women were entitled to a greater share of the marital estate. Divorced wives can now claim part of their former spouses’ pension and severance pay. Women’s household labor is also being compensated, with courts frequently dividing marital assets evenly.

 

Just like in the U.S., older South Korean couples are realizing that it’s never to late to be happy. With their children now adults and out of the house, the only person left to take care of is yourself. The hope is that those considering a twilight divorce realize that now is as good a time as any to end an unhappy chapter in their lives by turning the page and starting fresh.

 

If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Please contact 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 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 certified Family-Law Specialist, Mr. Arnold is admitted to practice in all state and administrative courts in North Carolina, before the United States District Court for the Western District of North Carolina, and before the Fourth Circuit Court of Appeals in Richmond, Virginia.

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

 

 

Source:

http://www.reuters.com/article/2015/11/12/us-southkorea-divorce-idUSKCN0T12KV20151112#2qy0DC54ZLKlR0Uc.97

 

 

Image Credit:

http://www.freeimages.com/photo/sunset-1189623

 

 

See Our Related Video from our YouTube channel:

http://www.youtube.com/user/ArnoldSmithPLLC?feature=watch

 

 

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