Property Division

Trusts and Divorce

Published on: August 16, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

No, we are not talking about trust, the bond of confidence between two people, we are instead talking about something a lot more tangible; trust funds, the popular estate planning vehicle used by more and more families every year. The dissolution of a marriage can impact nearly every aspect of your estate plan, including trusts. To understand more about what divorce might mean for your trust fund and how trust funds can prove helpful in the event of a split, keep reading.

How to Avoid Tax Trouble During Divorce

Published on: August 2, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What happens when a person’s income is not guaranteed and fluctuates from year to year”.

When you are dealing with a divorce, it can be hard to feel like you are ever fully prepared. Given the complexities of the divorce process and the emotional issues involved, few people can honestly say they’re equipped to face every challenge that comes along. That is why it is so easy for things to fall through the cracks, especially issues that you did not even know to look out for. One example of an important problem to be aware of concerns tax trouble related to the divorce. To learn more about how to avoid creating tax issues for yourself, keep reading.

Experts Say Postnuptial Agreements Are Increasing In Popularity

Published on: May 3, 2017 | On behalf of Arnold & Smith, PLLC

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

Though you’ve likely heard of a prenup, either from a friend, a relative or in popular culture, postnups aren’t nearly as common. Though a much newer invention, experts in the family law business say they’re beginning to catch on, with large numbers of family law attorneys reporting an increase in interest from clients. What is a postnup? How does it work? Is there any value? To learn more, keep reading.

Pet Custody Gets Another Push

Published on: March 30, 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?”

People often discuss how when divorce happens, children can wind up caught in the middle. It’s true, children are sometimes used as pawns, with one parent attempting to deprive the other of time with the kids as a way of exacting revenge. Parents caught in a terrible struggle can lose sight of the best interests of the children, letting their own hurt feelings cloud their better judgment.

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.

QDRO: The Forgotten Divorce Penalty

Published on: January 24, 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?”

A recent article by Bloomberg dived deep into the world of post-divorce finance. It’s a subject that few people understand and even fewer are interested in learning about. Though dull, it can be quite important, especially when fees start to add up. Specifically, the article discussed a common charge that some in the family law world have dubbed the “divorce penalty”. What is it? A QDRO.

4 Financial Steps to Consider Post-Divorce

Published on: June 7, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Divorce can be costly, emotionally exhausting and confusing. If you’ve been in a long marriage, divorce and your impending future as a single person can seem like scary and uncharted waters. Though it may be a new chapter in your life, the good news is that you can take steps to prepare and try to make the transition as smooth as possible. For some advice on how best to prepare, financially speaking, for your newly single life, consider the following tips from the Huffington Post.

When dividing property in a divorce, don’t forget about intellectual property

Published on: May 17, 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?”

If you’re preparing for a North Carolina divorce, you likely know to take your house, cars, bank accounts and retirement funds into consideration before dividing assets. These are the kinds of things that everyone thinks about when they think of property. They’re tangible and easy to identify. While it’s crucial that these easier items be accounted for, it’s just as important to remember those more complicated bits of property, including intellectual property, as they can end up being very valuable down the road and can provide important income to fund your future.

My Wedding Is Off. Who Gets to Keep the Engagement Ring?

Published on: March 22, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

Societal tradition suggests spending three months’ salary on an engagement ring. WeddingWire just released its 2015 Newlywed Report indicating that the average cost of an engagement ring is $4,758—not cheap. In the event of a broken engagement, either party could probably think of plenty of other uses for the value of such an expensive asset. Further complicating matters can be if the ring is a family heirloom.

Divorce Battles Over Dogs

Published on: October 27, 2015 | On behalf of Arnold & Smith, PLLC

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

Family law attorneys are used to hearing and seeing it all. The combination of anger, embarrassment and hurt feelings can combine to cause good people to act out in all manner of strange ways. One area that was often a central focus of this acting out concerned custody battles, with the parents engaging in brutal battles to secure more advantageous custody or visitation arrangements. While this is certainly still the case among some couples, a new subject has recently been getting attention: pet custody.