Divorce

What happens if your spouse simply refuses to follow the divorce decree?

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

Though no divorce is fun, some divorces can become especially nasty. In these cases, one common cause is that one party is opposed to the divorce and wants to try and hold onto the marriage, forcing the other to drag him or her kicking and screaming every step of the way. In other cases, it’s simply that the uncooperative spouse is controlling and used to getting his or her way. A divorce, especially one not on their terms, comes as a shock to the system and it can encourage sometimes horrifying displays of stubbornness.

Indian lawmakers consider tackling unusual problem: instantaneous divorce

Published on: March 1, 2017 | 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?”

One of the most common complaints about divorce is that the process takes so long. Between waiting periods to file, the slow court process and uncooperative spouses, it can take months or longer for a divorce to make its way through the legal system. As a result, some states have begun to take action to speed things up. Mandatory wait times are being decreased and processes are being streamlined, especially in cases where there are no children. Though increasing speed is important in the U.S., lawmakers in other countries are desperate to slow things down.

Woman forced to move out-of-state to finally secure divorce

Published on: February 22, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Do I have to be living separately to meet with a lawyer about divorce?”

A common complaint of the divorce process is how long it can take. A runner up? How expensive it is. Though both are legitimate complaints regardless of your location, they’re perhaps especially true for residents of Mississippi. Mississippi has the dubious honor of being one of only two states that does not recognize a right to a no-fault divorce. That means that those couples in Mississippi looking to end their marriages need to prove fault and, if no fault is proven or if his or her spouse won’t cooperate, you could effectively become trapped in your marriage, driving up the time and expense associated with the process.

Kentucky Supreme Court Refuses To Allow Man To Divorce

Published on: February 14, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Should I delete old posts or censor new posts while going through a divorce?”

When it comes to marriage and divorce, we are used to thinking that people can do as they wish. Thankfully, the government seldom decides to play matchmaker, telling people who to marry or when to divorce. Though this is almost always an issue left up to individuals, there are some very special circumstances where courts (and possibly even state legislatures) decide to get involved, deciding on behalf of others when or if they are allowed to marry or divorce.

Family Court Judge Gets Reprimanded For Discriminating Against Couples With Kids

Published on: February 7, 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?”

Going through a divorce with kids can be incredibly difficult. Divorce is bad enough as it is, but the added stress of worrying how the divorce will impact your kids, the pain of creating new routines, of dividing parenting responsibilities and of creating a visitation arrangement that’s workable, is even harder. Given how difficult divorce with kids already is, it’s certainly not helpful for a judge to actively attempt to make the process even worse. This what appears to have happened recently in Kentucky, where one family court judge was recently reprimanded for treating divorced couples with children differently than those without.

Lawmakers Say Judges Should Consider Pets When Finalizing A Divorce

Published on: January 31, 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?”

We’ve discussed pets and divorce previously and the issue is almost always handled the same way no matter where you are. Though we might consider our pets part of the family, the fact is that the law does not. In fact, in a divorce, courts across the country have long operated under the assumption that pets are no different than any other piece of property. Rather than subjecting the division of the pets to the same kind of best interest test that children enjoy, pets get allocated between the parties like a couch or some old dishes.

Jesse Jackson Jr. Serves Imprisoned Wife with Divorce Papers; Case Proceeds

Published on: December 20, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Of all the things that can cause a marriage to sour, the former Rep. Jesse Jackson Jr.’s 25-year marriage to his wife Sandi Jackson had survived many of the big ones.

Brad Pitt’s Emergency Request to Seal Records in His Child Custody Case with Angelina Jolie Denied

Published on: December 13, 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?”

There is nothing quite like a divorce case to air a couple’s dirty laundry, whether it is on an individual or collective basis for the parties involved. Personal details, financial issues, lascivious allegations—a divorce case has the power to bring all of this to the surface.

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.

What Can an Injunction Do in My Divorce Case?

Published on: December 1, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

The holiday season is upon us, as is the impending traditional uptick in divorce filings that comes after. Given the hot tempers that often accompany both extended amounts of family time and divorce, now may be a helpful time to answer a question frequently posed by family law clients. It often comes in the form of “What can I do to keep my soon-to-be-former spouse from doing X?”