Separation

Divorce Caused by Financial Infidelity?

Published on: September 1, 2011 | On behalf of Arnold & Smith, PLLC

We know that infidelity can lead to divorce, but what about financial infidelity? We recently discussed this issue on Charlotte Divorce Lawyer Blog in our article entitled “Are you Married to a Secret Spender?” We will look at this issue a bit more by discussing another article from Yahoo! and CNN Money entitled “Financial Infidelity: Catching a Cheating Spouse.”

This article takes a look at a recent survey about financial infidelity which was conducted by the National Endowment for Financial Education, or NEFE, a Denver, Colo.-based nonprofit. In some instances the results of this survey were very troubling.

Are you Married to a Secret Spender?

Published on: August 30, 2011 | On behalf of Arnold & Smith, PLLC

In a recent article by Yahoo! and CNN Money entitled “I Married a Secret Spender,” the author explores behavior of spouses or significant others who hide their spending. In some of the cases, the behavior of the “secret spender” is similar to the behavior of secret drinkers. The article explores several case studies.

In the first, the wife tells of her husband who is a secret spender. He buys new clothes and tells his wife that he had them previously. Later, though, the wife find tags for the new clothes in the garbage. This wife says that it is usually clothes but that her husband has brought home jet skis, a motorcycle and even an old Chevy Blazer. She says that they have a garage and a storage unit full of things that the husband has bought. She is concerned because she has young children who she feels might be deterimentally impacted by her husband’s spending habits.

Separation Agreement Stands in North Carolina Court of Appeals

Published on: August 18, 2011 | On behalf of Arnold & Smith, PLLC

In the case of Rolls v. Rolls, the North Carolina Court of Appeals considered an appeal relating to a Separation Agreement and Property Settlement. In this case, Husband and Wife entered into a Separation Agreement where the parties waived equitable distribution and stated that they each had made a complete disclosure of all assets and debts. Wife filed for divorce and Husband counterclaimed, alleged that Wife actually did not fully disclose her assets and debts, and sought equitable distribution. Wife, of course, replied and plead the Separation Agreement as a bar to Husband’s claim for equitable distribution.

Divorce and Confidentiality Fight Rages in Charlotte, NC

Published on: July 21, 2011 | On behalf of Arnold & Smith, PLLC

As discussed before on Charlotte Divorce Lawyer Blog (Alimony and Child Support Payments in the Public Eye and Charlotte, North Carolina Family Law Lawyers and Court Address Confidentiality Provisions), there has been a continuing battle over whether the proceedings related to the Brian France domestic case will be kept confidential. According to a Charlotte Observer article (Secrecy in Frances’ bitter divorce is back in court) the case was back in Court this week. The lawyers for the Charlotte Observer were again asking a Mecklenburg County District Court Judge to unseal certain documents in the case.

Divorce Rates Decline

Published on: June 14, 2011 | On behalf of Arnold & Smith, PLLC

According to an article on Yahoo.com entitled Census: Divorces decline but 7-year itch persists, couples are slightly more likely to reach their tenth wedding anniversary. This comes after decades of steadily increasing divorce rates. The study also finds that of the first marriages that fail, most fail somewhere around seven years of marriage. Of those who remarried and subsequently separated, the second marriages tended to last four years.

Separation and Divorce Impacted by Long Commute

Published on: June 9, 2011 | On behalf of Arnold & Smith, PLLC

According to an article on Yahoo.com entitled Study: Long Commute Could Lead To Divorce, Separation, a new study out of Sweden suggests that long commutes increase chances of a divorce by 40 percent. This study found that the impact of a long commute tends to be higher on women than on men and that the riskiest time for a divorce is during the first few years of the long commute.

Obviously, there is no one factor which is a perfect predictor of divorce. Other factors can include things like just the opposite: transitioning to working from home after the couple is used to working outside of the house.

Divorce Financial Tips (5 of 5)

Published on: June 7, 2011 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Lawyer Blog is exploring five Divorce Financial Tips which are outlined in an article on Yahoo.com entitled Getting a Divorce? 5 Ways to Ensure It’s Not a Financial Disaster. This final tip has more to do with one’s state of mind than it does with acts to be taken or avoided. Here it is suggested that the spouse have a mindset of fairness. Granted, what is, and is not, fair is often in the eye of the beholder.

But, the article points out that a willingness to compromise and the ability to settle things privately and out of Court can help you to avoid thousands of dollars in legal fees. Even if you can find a “Drive Thru Lawyer,” legal fees are typically pretty expensive.

Divorce Financial Tips (2 of 5)

Published on: May 27, 2011 | On behalf of Arnold & Smith, PLLC

This is the second of the five divorce financial tips from an article on Yahoo.com entitled Getting a Divorce? 5 Ways to Ensure It’s Not a Financial Disaster. Here the article recommneds that you close all joint bank accounts before the divorce and begin opening separate accounts. Again, this may seem like common sense and it is generally good advice. But, there is often more to the discussion than simply closing bank accounts and denying the other spouse access to “your money.” In particular, things get complicated when the issues of alimony and child support are involved.

Divorce Financial Tips (1 of 5)

Published on: May 23, 2011 | On behalf of Arnold & Smith, PLLC

As discussed previously in Divorce Financial Tips on Charlotte Divorce Lawyer Blog, there are strategies which can help to avoid the financial disaster which is so common in divorce cases.

The first such strategy which is discussed in the article on Yahoo.com is to make a realistic budget and figure out how your standard of living is going to change as a result of the separation and divorce. While it seems to be common sense that two people cannot live separately as economically as they can live together, North Carolina law says that both spouses have the right to continue to live at the same standard of living to which they became accustomed during the marriage. You may wonder: “how does that work?”

Lawyer wants Divorce Settlement Re-Do

Published on: May 16, 2011 | On behalf of Arnold & Smith, PLLC

According to an article on Yahoo.com (Citing Madoff fraud, lawyer wants divorce deal do-over), a prominant real estate lawyer in New York has sued his ex-wife to reopen their divorce settlement. As crazy as this may seem, there is actually a well established legal concept called “mutal mistake” which may allow for the contract to be set aside. The concept of “mutual mistake” allows for a contract to be set aside when there is a mutual mistake as to some important fact or provision. This means that both sides have to have the same misunderstanding.