Articles Posted in Same Sex Marriage/Divorce

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

For years, people fought for gay couples to have the right to marry. States took action independently, slowly but consistently expanding the number of places where same-sex couples had the same rights as their opposite-sex counterparts. Then the Supreme Court weighed in a few years back and sped up the process nationally, making gay marriage legal across the U.S. Now that the right to marry is universal, at least here in the U.S., we may forget the push made by some states to reach out to gay couples, advertising themselves as gay-friendly places to get married. Some states advertised themselves in an attempt to attract lucrative tourism dollars, giving couples a chance to marry, while earning money for their state.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

Though it’s gone smoothly in some places, other courts in more conservative states have had a bumpy road adapting to changed legal realities since the landmark same-sex marriage case decided by the Supreme Court in 2015. A good example of this is in Tennessee, where one same-sex couple has spent months and months fighting to get a divorce, something that has proven harder than many expected.

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

If you’re preparing for a divorce it’s a fact that things like the length of your marriage can play a role in how assets are divided and how much alimony is awarded. Courts care about time because they want to be sure that long-lasting relationships are valued and that potential scams or quickie marriages aren’t rewarded with hefty settlements.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

The same-sex couple who sued the N.C. Department of Health and Human Services in 2015 has settled their case after state officials agreed to change North Carolina’s policy on birth certificates, which until now would not permit children born to married lesbian couples to amend the birth certificates to include both parents’ names.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Most people remember that the Supreme Court’s momentous decision last year in the Obergefell case made gay marriage legal across the country. Despite the important decision, issues surrounding gay marriage, such as gay divorce or gay parental rights, continue to receive intense scrutiny and are the subjects of divisive legal battles. Though the hope among many was that the Obergefell decision would lead to clarity, the ruling, while answering one question definitively, left many others remaining to be hashed out.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Note: This is Part II in a series examining the state of legal rights for same-sex married couples, a year after the U.S. Supreme Court recognized their constitutional right to marry. Part 1 can be found here.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

As the one-year anniversary to the U.S. Supreme Court’s recognition of same sex marriage has approached, numerous legal issues remain for same-sex families. The massacre in Orlando, Florida in the early hours of June 12 of this year reminds us of just how far LGBT+ equality has come, and how very far it still has to go. This is Part I in a series examining some of the legal issues still confronting same-sex married couples.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

The New York Court of Appeals (the state’s highest court) will grapple with a tricky legal question that has become increasingly important in the family law world: what is a parent? The answer to the question will impact hundreds if not thousands of custody disputes involving same-sex parents who for years have waged battle without the kind of legal clarity that exists in cases involving opposite sex partners.