Divorce

North Carolina Legislature Moves To Impose Two-Year Waiting Period For Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: April 4, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”

Late last month, legislators in North Carolina took an unusual step to impose a two-year waiting period on divorce. The decision caused a stir not only in North Carolina, but across the country with articles laughably discussing the legislature’s move to meddle in marriages. Beyond imposing a two-year waiting period before a divorce can be granted, the bill, Senate Bill 518, would also require that couples who are considering divorce go through marriage counseling before the judge can officially sign off on the dissolution of the marriage.

The act, knowing as The Healthy Marriage Act, has been designed to strengthen the institution of marriage according to its Republican supporters in the state legislature. The measure would replace the current one-year separation that is in place before a couple can officially receive a divorce. The Act says that couples would be permitted to either live together or apart during the waiting period, with cohabitation not preventing the clock from ticking.

The legislation specifically states that before a divorce can take place, one spouse would have to submit a written notice to the other spouse notifying the other party about his or her intention to file for divorce. This would then begin the two-year countdown. During this interim period, the couple would be required to take classes about bettering their communication skills and improving their conflict resolution abilities. The Healthy Marriage Act does not require that the couple attend the classes together; each can take the courses on his or her own. If the couple has children there are even more hurdles that must be jumped through, including a four-hour course that discusses the impact of divorce on children.

Pregnant Man Appeals Judge’s Decision Not To Allow Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: April 2, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can any attorney help me with my family law needs in North Carolina?”

A lawyer for the transgender Arizona man who gave birth to three of his children after changing sex legally from female to male has been denied a divorce by a judge. Thomas Beatie had his divorce petition denied by the Arizona judge who said that the state laws do not recognize that his marriage ever occurred and thus do not allow him to grant a divorce. The judge said that the marriage is a same sex marriage, despite the currently different legal genders of the couple.

Beatie has announced that he intends to appeal the decision. David Cantor, Beatie’s divorce attorney, has said that he thinks the judge has discriminated against Beatie because of his unconventional lifestyle and allowed Beatie’s three pregnancies to impact his decision to grant a divorce. Cantor says an appeal will be filed shortly before the Arizona Supreme Court.

Beatie married his wife, Nancy, nine years ago in Hawaii. At the time of the marriage, Beatie had legally changed his sex from female to male and had a document proving this. The documents identified him as a male and revealed that he had taken some surgical steps to begin his transition into being a man.

What To Do About Spring Break In A North Carolina Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: March 28, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “Can any attorney help me with my family law needs in North Carolina?”

Everyone knows that spring break can be hectic, even for happily married families. Now throw in a divorce, hurt feelings, several children, parenting plans, two different houses and multiple schedules and you’ve got a recipe for disaster. In the best of cases planning for vacation and making sure everyone gets something that they want is tough. The way to ensure that things stay as civil as possible is to plan early and plan often.

The very first thing that divorcing couples can do to make spring break (and all similar vacations) easier, is to begin thinking about them during the divorce itself. Though you will likely have many other things on your mind, make sure that you and your attorney sit down to discuss the issue of vacations before the parenting plan is finalized. Work the language out now, including all the particulars, to avoid trouble later on. Though it can seem tedious to carefully lay out things like whether a vacation begins on a Friday after school lets out or whether it starts the following Monday morning, that level of specificity is essential to avoiding trouble down the road. It is important to remember that there are no right or wrong answers; any arrangement is fine so long as it works for you and your former spouse.

Billionaire Oil Man Prepares For World’s Most Expensive Divorce :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: March 26, 2013 | On behalf of Arnold & Smith, PLLC

Attorney Matthew R. Arnold answering the question: “How long does getting a divorce take?”

There is talk that a currently pending divorce involving Oklahoma oil mogul Harold Hamm and his second wife, Sue Ann Hamm, could be the largest divorce settlement in history. Just how much Sue Ann stands to walk away with depends on how much of Hamm’s oil company shares Sue Ann is able to lay claim to.

Hamm appeared on the recent Forbes list of the world’s wealthiest people with an estimated $11.3 billion net worth. The reason for Hamm’s wealth is his ownership in the oil company Continental Resources, a major player in the currently booming oil production out of North Dakota.

Hamm’s story is one common among entrepreneurs, beginning at the bottom and working his way to the top. Hamm started work at 20, scrubbing old oil barrels in Oklahoma. He grew in his job and learned new tasks, eventually scraping together enough money to start Continental in 1967, several decades before he married Sue Ann.

Hamm struck gold (black gold, that is) in the 1990s when he discovered the Bakken oil field of North Dakota, the largest oil field in the U.S. to have been discovered since the 1960s. The discovery sparked a surge in U.S. oil production, with Continental leading the way. The company has made millions by introducing the practice known as fracking, which helps extract oil from soil that was previously too hard to access. Today the Bakken makes up about 10% of total American oil output, with Continental holding on to a large slice of the pie.

Fear Of Chinese Property Bust Leads To Divorce Boom :: Separation and Divorce Lawyers in Charlotte, North Carolina

Published on: March 21, 2013 | On behalf of Arnold & Smith, PLLC

Apparently in China the new thing to do is to get divorced. Filings in the country have exploded in recent weeks according to various reports. The reason is an odd one. It’s not the obvious answer, that mass numbers of Chinese people have simultaneously grown tired of their spouses. Instead, it has to do with real estate.

The Chinese government recently implemented a new tax on real estate sales, which contains an important loophole. The provision says that those people who are separated from their spouse can avoid paying the new tax.

The move to tax real estate sales is an attempt by the Chinese government to reign in their wild real estate market, which many international observers believe is headed for a bust. Property prices have skyrocketed across the country, but especially in the booming coastal cities of Beijing and Shanghai. To help avoid the painful bursting of a property bubble, the government is trying to use a tax to lower people’s enthusiasm for purchasing real estate.

The law applies a whopping 20 percent capital gains tax to the sale of any second homes. It didn’t take long for Chinese couples to figure out that if they divorced, they could each act as if they only had one home. By appearing to only own one house, the couple could sell the second property and avoid the 20 percent tax. After the sale of the house is finalized, all the couples have to do is get remarried.

According to the Shanghai Daily, one marriage registration center in the Zhabei District of Shanghai saw a record 53 divorces last week. The previous high was 40. In another district, 250 cases were filed as opposed to a typical 60 or 70. In the Changning District, divorce figures have reportedly jumped by 30 percent in only the last few weeks.

The Truth Behind Several Common Divorce Myths :: Part II :: Family and Divorce Lawyers and Attorneys in Charlotte and Concord, NC

Published on: February 14, 2013 | On behalf of Arnold & Smith, PLLC

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As a continuation of our first post explaining some of the most common myths surrounding the divorce process, we’ll dive into another batch of divorce misconceptions provided by Yahoo!.

Another common marriage misunderstanding is that those who live together before getting hitched have a lower risk of divorcing. This myth makes some sense given that you’d think those couples who lived together before marriage would be better able to survive the rigors of marriage. Unfortunately for those shacking up that just isn’t the case. Instead, the reasons for living together often determine whether it will provide a benefit later in a marriage. If a couple chooses to get together after lots of thought and careful consideration, it can sometimes result in lower risk of divorce. If, on the other hand, a couple lives together out of economic necessity, because one person lost a job or can’t afford rent, the experience actually increases the risk of divorce.

Those preparing for divorce, especially husbands with a few extra dollars in their bank account, might want to pay special attention to this next one. Thankfully, not all wives walk away with alimony. There’s a popular belief that almost all divorce cases end with one party walking away with spousal support payments, but the fact is that today that is much less likely. It’s common to have cases where women earn the same or even more than their husbands and even in cases where they don’t work, if the woman has a skill set or education that allows her to find work, many judges will demand that she do so. This is especially true in short marriages, as the less time a couple has been together the less likely any alimony will be awarded.

The Truth Behind Several Common Divorce Myths :: Divorce Lawyers and Attorneys in Concord, Cabarrus County, North Carolina

Published on: February 12, 2013 | On behalf of Arnold & Smith, PLLC

According a recent article on Yahoo!, several of the most commonly repeated factoids about divorce have actually been either tragically misconstrued or are instead completely false. Rather than allow urban legends to perpetuate, it’s important to clear a few of the big ones up.

First off, one out of every two marriages do not end in divorce. This is one of the most commonly bandied about statistics, often used as an example of the terrible state of morality in the country and a dire warning to those considering getting married. The fact is that the divorce rate is actually somewhere between 40 and 50 percent. Even this number is artificially high given that it includes those habitual users who rack up multiple divorces and drive the rate higher. Take the number with a grain of salt and remember that statistics do not have to determine the success of your marriage.

Second, the idea that second marriages are more likely to last than first marriages is, sadly, untrue. Though the idea makes sense, given that those going down the aisle a second time would be more mature and likely more hesitant to plunge into a marriage, the numbers tell a different story. According to experts, between 67 and 80 percent of second marriages end in divorce. Even more shocking is that third marriages continue the trend and have even higher divorce rates. The reality is that once you’ve been divorced you are more likely to see divorce as an option and go through it again.

Another commonly misunderstood aspect of the divorce process has to do with its supposed expense. The popular belief is that divorce is an incredibly expensive process that drains the bank accounts of even those with money to spare. While it’s certainly true that some celebrities or wealthy couples can be involved in lengthy and costly legal battles, it’s almost never the case.

Post-Valentine’s Day Period Sees Rise In Divorce Filings :: Child Custody Lawyers and Attorneys in Charlotte, Mecklenburg County, NC North Carolina

Published on: February 5, 2013 | On behalf of Arnold & Smith, PLLC

Though it’s sad to imagine, the truth is the post-Valentine’s Day time period is a busy one for many family law attorneys, even those here in North Carolina. A recent study discussed in a Yahoo News article, found that divorce filings rose by as much as 40% after the lover’s holiday.

Lawyers interviewed in the Yahoo piece say that their experience is similar, that the supposedly romantic holiday is often a time where many couples whose relationships have been on the rocks stop and take a hard look at their marriage. The problem is that the holiday is so often associated with wildly unrealistic expectations that when things fail to turn around after one lovey-dovey day it can really hit them hard and serve as the final straw.

Many of the experts interviewed said that couples that have been questioning their relationship often first approach divorce attorneys in January after the holidays are over, usually with questions and concerns. If they aren’t ready to pull the trigger quite yet, many will say they want to wait and see how Valentine’s Day goes and when the day fails to live up to expectations, many decided to go ahead and file.

Another interesting statistic comes from the legal referral site, Avvo, which says each year it sees a huge spike in the number of inquiries for divorce attorneys in the days immediately following Valentine’s Day. The company announced that over the past several years the site sees an average 40% increase in the number of requests for divorce attorneys in the time surrounding Valentine’s Day.

Another trend observed by some family law attorneys is to use the holiday to send an especially pointed message. Some clients request that important depositions be scheduled on Valentine’s Day or that the divorce petition be held over to file on the 14th.

How To Tell If You’re Being Spied On :: Divorce Lawyers and Attorneys in Charlotte, Mecklenburg County, North Carolina

Published on: January 29, 2013 | On behalf of Arnold & Smith, PLLC

One of the problems for those going through a divorce, especially in todays technologically connected world, is what information an ex might be able to obtain by snooping on your electronic communications.

A recent survey by a phone security company revealed that a third of all respondents said they have snuck glances at or spied on a loved one’s text messages or other phone communications. The question for many, especially those going through a tumultuous divorce, is whether you can find out if anyone is snooping on you.

First things first, if you think someone might be spying on you change all your important passwords: e-mail accounts, bank accounts, credit cards and retirement plans. You can also contact your cellphone carrier and make sure that your GPS tracking service is turned off and can only be activated by yourself.

Those worried about snooping should also keep a low electronic profile, especially on social media sites. If you simply can’t resist the urge to post things online, it’s essential that you at least change your account settings so that only friends that you’ve selected are able to access your page.

For those with Android phones, there’s an app known as HiddenEye which you can install on your phone. The app works by taking a picture of anyone that attempts to gain access to your phone by typing in a wrong password. That way the next time you open up your phone a picture will be stored in the phone’s photo gallery. Other apps work by allowing you to remotely lock or even wipe clean your phone if you believe its been stolen.

For those with iPhones there aren’t as good apps for watching others who may be watching you. The best option is called WhoSnooped, which works by taking a photo of anyone who unlocks a phone. The problem is that the photo is taken very conspicuously and can even be deleted by the person who did the snooping.

Fiscal Cliff and The Impact on Divorce :: Divorce Attorneys and Lawyers in Charlotte, Mecklenburg County, NC

Published on: January 24, 2013 | On behalf of Arnold & Smith, PLLC

For those wealthy individuals in North Carolina who intended to divorce this year, a recent article in the Wall Street Journal points out that the decision may have recently become more complicated.

Given that the time following New Year’s is one of the most popular periods to file for divorce, financial advisors and divorce attorneys have had to consider changes caused by the American Taxpayer Relief Act, the bill passed by Congress last month meant to avoid the country falling off the fiscal cliff. The new taxes imposed by the law mean that decisions about whether to pay alimony and how to divide up investments and pension plans may need to be reconsidered.

Alimony among high-income couples is getting lot of attention now that the new tax law has passed. The fear is that alimony, which is counted as income for the recipient, could boost a person over the new $400,000 threshold for the top income bracket. Such a move could mean that the person has to pay almost 40% income tax rate. The good thing about alimony is that it is tax deductible for the payor. Child support on the other hand is neither deductible nor reportable as income. That means a concerned spouse worried about tax liability could insist that benefits be paid as child support rather than spousal support, a new issue to fight over during settlement negotiations.