Divorce

View and Print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Summer 2010

Published on: July 27, 2010 | On behalf of Arnold & Smith, PLLC

In this issue of our Charlotte Divorce Lawyer Blog Family Law Newsletter, we take a look at how difficult it can be to divide property in equitable distribution. We also take a look at the legal impact of signing a legally binding document without reading and understanding it. Finally, we take a look at relocation issues in child custody cases.

Click here to view and print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Summer 2010:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER SUMMER 2010

No Fault Divorce in Charlotte, North Carolina

Published on: July 5, 2010 | On behalf of Arnold & Smith, PLLC

Divorce comes in many varieties, including “no fault.” Including North Carolina, almost every state in the nation permits no-fault divorce. California was the first state in the country to pass no-fault divorce laws in 1969, and many states followed suit quickly. Only one state is still currently an exception: New York, which forces one side to prove that the other was at fault before the couple may obtain a divorce. However, New York’s state senate recently approved a bill that would permit no-fault divorce in the state and would allow couples to cite irreconcilable differences as grounds for the termination of a marriage. The state assembly should vote on the change within the next few weeks.

No-fault divorce is a divorce in which neither party must prove wrongdoing by the other in order to obtain a divorce decree. States that allow no-fault divorce permit a judge to grant a divorce by the petition of either party. In North Carolina, a husband and wife must be separated for at least one year before they may obtain a Judgment of Absolute Divorce.

Because New York is the only state without no-fault divorce laws currently, many lawyers note that couples in failing marriages are often forced to essentially lie to a judge in order to prove the other was at fault by one of three standards: adultery, abandonment, or cruel and inhuman treatment. Under New York law, only if both parties notarize a separation agreement and live separately for one year, can a judge grant a divorce. The proposed change could be most significant for the state’s many wealthy residents, who would be able to focus on the division of their assets rather than manufacturing reasons for their own divorce.

To Avoid Divorce, Charlotte’s Young Adults Delaying Marriage

Published on: July 1, 2010 | On behalf of Arnold & Smith, PLLC

According to a recent article by USA Today, today’s couples are delaying tying the knot longer than ever. In the post-World War II era, most couples married in their early 20s. Now, the average age for a first marriage is 28 for men and 26 for women, according to the U.S. Census Bureau. However, this delay is being viewed as very positive by marriage experts, who report that the combination of a certain maturity level and the ability to work out problems before committing may help new couples avoid the marital mistakes of their parents’ generation.

There are many reasons why experts say today’s young adults are waiting to make their relationships more official. They are gaining more education, which delays financial independence and increases money and stability concerns. Two-thirds of young couples are also living together before marriage, making sex before marriage much more widespread. Additionally, today’s young adults are more worried about divorce, as they have watched the national divorce rate skyrocket in their lifetimes.

Regardless, most young people do still expect to get married and believe that they will not face divorce. A survey of 2,300 high school seniors conducted by the University of Michigan in 2008 revealed that 80% of students say they will marry and believe they will stayed married to the same person for life. Only 4% of students believed they would not marry, and the final 16% said they were not sure.

Marriage, Divorce and Immigration

Published on: June 18, 2010 | On behalf of Arnold & Smith, PLLC

In Manhattan, the home of federal immigration headquarters, the future of many couples depends upon whether they can prove to the government that they did not marry solely to acquire a green card for one spouse. If a couple can successfully pass their interviews with the United States Citizenship and Immigration Services, the foreign spouse will become eligible for a green card; however, the actual receipt of a green card requires a separate application and security clearance.

According to an agency worksheet, red flags for immigration interviewers include: unusual cultural differences, a large age discrepancy between spouses, an unusual number of children, and a U.S. citizen spouse with little means. Interviewers also seek evidence of a legitimate marriage, such as the commingling of assets and other joint documentation, and a mental and emotional connection as the result of shared life experiences.

The actual number of green card petitions denied on the basis of fraud is quite small: only 506 of the 241,154 petitions filed by citizens last year were denied. The criminal penalties for perpetrating a marriage fraud are up to five years in prison and a $250,000 fine.

Divorce Attorneys Becoming Facebook Sleuths

Published on: June 11, 2010 | On behalf of Arnold & Smith, PLLC

Before the age of the internet, divorce attorneys used subpoenas and private investigators to glean the truth from opposing parties. Now, with the advent of social networking sites, the first place many attorneys can find incriminating evidence is on Facebook. Social networking discovery skills have become critical for many divorce attorneys who seek to support certain aspects of their cases. Incriminating information gleaned from social networking sites can sway the outcome of alimony disputes and child custody battles, particularly if the information discredits the party in the eyes of the presiding judge.

Eighty percent of attorneys surveyed by the American Academy of Matrimonial Lawyers reported a rise in the number of cases litigated that relied on social media over the past five years. Because Facebook boasts over 400 million users, most parties to litigation are bound to have created social networking accounts at some point in time. However, last week Facebook announced a tightening of users’ privacy settings in response to many user complaints.

National Digital Forensics, Inc., a North Carolina company that mines online media sites for information, reports that requests for social media searches from divorce lawyers have surged recently. The company’s senior investigator estimates that about half the social media cases they investigate expose some form of adultery.

Divorce Predictor #14: You are a female serial cohabitator.

Published on: May 31, 2010 | On behalf of Arnold & Smith, PLLC

Women who have lived with more than one partner before their first marriage are 40 percent more likely to get divorced than women who have never cohabitated prior to marriage. Although cohabitation seems like good practice for married life, it can tend to make living together during marriage seem less permanent. According to the Brown University Population and Training Center, a marriage preceded by cohabitation has a better chance of success when the couple became officially engaged prior to moving in together.

Divorce Predictor #13: Your children are multiples.

Published on: May 29, 2010 | On behalf of Arnold & Smith, PLLC

If you have twins or triplets, your marriage is 17 percent more likely to end in divorce than parents of children who were not multiple births. According to the Twins and Multiple Births Association, multiple births create money woes within families, which induces stress in the household.

Divorce Predictor #12: You have been diagnosed with cancer.

Published on: May 28, 2010 | On behalf of Arnold & Smith, PLLC

Women who have been diagnosed with cervical cancer have a 40 percent likelihood of getting divorced, whereas men who have been diagnosed with testicular cancer have a 20 percent likelihood. Norwegian Cancer Registry researchers suspect that these statistics exist because these two types of cancer affect sexual activity and afflict mainly younger people. Conversely, breast cancer survivors, who are typically older, are 8 percent less likely to divorce.

Divorce Predictor #11: You are of “below average” intelligence.

Published on: May 25, 2010 | On behalf of Arnold & Smith, PLLC

According to the Delaware-Johns Hopkins Project for the Study of Intelligence and Society, a person of “below average” intelligence is 50 percent more likely to be divorced than one of “above average” intelligence. Spouses with IQs of 100 have a 28 percent probability of divorce in the first five years of marriage, as compared to a 9 percent probability for those with IQs of 130 or higher.

Divorce Predictor #10: You are a woman two or more years older than your husband.

Published on: May 20, 2010 | On behalf of Arnold & Smith, PLLC

If a wife is two or more years older than her husband, her marriage is 53 percent more likely to end in divorce than if her husband was one to three years younger. According to the Melbourne Institute researchers, wide age gaps between spouses can create many problems, including sexual discord. Because our society is focused on personal satisfaction and happiness, marriage partners are less likely to be satisfied with one who is not their chronological or physical equal.