Charlotte Divorce Lawyer Blog

Charlotte Divorce Attorney Asks: Who’s a Family?

Published on: September 17, 2010 | On behalf of Arnold & Smith, PLLC

The definition of a family in America is critical, especially in Charlotte, North Carolina – it can affect tax filings, adoption proceedings, employment benefits, inheritance rights, and many other legal matters. A majority of Americans now say that their definition of a “family” includes same-sex couples with children, as well as gay and lesbian couples. However, most Americans also report that they do not consider unmarried cohabitating couples, either heterosexual or homosexual, to be a family – unless they have children. These findings emerged from a study based upon telephone interviews conducted in 2003, 2006, and 2010 by author and Indiana University professor Brian Powell. Powell concludes that the framing of the issue of equality of same-sex couples in terms of “the best interests of the child” might prove to be the most successful political argument.

The survey also indicates that since 2003, the proportion of people who reported having a gay friend or relative rose 10 percent, which Powell attributes to “a more open social environment in which individuals now feel more comfortable discussing and acknowledging sexuality.” Furthermore, Americans appear to be almost equally divided on same-sex marriage and more open to seeing same-sex couples with children as families, even when they hesitate to recognize the parents’ union as marriage. The survey also demonstrated a growing belief that genetics, rather than parenting, peers, or religion, is responsible for sexual orientation. Those who remain opposed to same-sex marriage indicated to the surveyors that they were more willing to include pets over same-sex partners in their definition of family.

Although five states and the District of Columbia now allow same-sex marriages, these marriages are not recognized by the federal government. The Census Bureau defines family as “a group of two people or more (one of whom is the householder) related by birth, marriage, or adoption and residing together.”

North Carolina Supreme Court Considering Same-Sex Adoption

Published on: September 14, 2010 | On behalf of Arnold & Smith, PLLC

This Charlotte child custody lawyer observes that a current custody case being heard by the North Carolina Supreme Court could decide whether North Carolina state law allows a certain kind of adoption by same-sex couples in North Carolina. Senator Julia Boseman and her ex-partner, Melissa Jarrell, are litigating custody issues after Boseman’s so-called “second parent adoption” of Jarrell’s son in 2005. Second parent adoptions, which are being granted in only a few North Carolina counties, are permitted in 27 other states.

Jarrell and Boseman were living together when the child was born in 2002, after Jarrell’s successful artificial insemination. Boseman has been actively involved in the child’s life since his birth. After the couple broke up in 2003, they received joint child custody. However, Jarrell’s lawyer argued that the adoption should be voided because second parent adoptions technically do not exist under North Carolina law. The trial court and the Court of Appeals upheld the adoption, but Jarrell’s attorney argues that the adoption court created its own adoption procedure by weaving together various statutes to make a new kind of adoption that is not provided for by statute. Boseman’s lawyer calls the adoption a “direct placement adoption”, which is provided for by law in North Carolina.

A ruling in the case is likely to be months away.

Breakups, Child Custody Battles and Divorce Caused by Debt?

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

As every good Charlotte divorce lawyer knows, preexisting individual debt can break up an engagement or lead to divorce. Even when individuals planning to marry disclose their debt to one another, the couple can face many future financial challenges. Today, even people without graduate degrees are finding themselves saddled with serious student loan debt, and people getting married for the second time are entering into new marriages with significant debt from their earlier lives.

The dilemma that many couples are facing involves a moral question: when should a partner reveal a sizable debt during the courtship? And, if one person brings a huge debt into the relationship, who will be ultimately responsible for paying off the obligation? Significant debt may cause the debt-free partner to eventually resent the debtor, as the debt will affect every financial decision the couple makes together.

A great advantage to prenuptial agreements is that they force a couple to discuss finances and negotiate the payment options. If the debtor spouse intends to pay off the debt purely with his or her own earnings, the couple should codify that intent in a legal agreement. Furthermore, any leftover debt that one partner brings into a marriage would legally remain that individual’s debt alone after a divorce.

The Summer of Divorce

Published on: September 7, 2010 | On behalf of Arnold & Smith, PLLC

This Charlotte divorce attorney found that according to a recent article in the New York Times, divorce is everywhere these days, and Americans are enjoying taking part in vicarious divorce. Our culture is both surrounded and fascinated by it. The biggest adult film of the summer, “Eat Pray Love,” centers on a divorce. The highly popular television series of the summer, “Mad Men,” revolves around a divorced couple. The most talked-about revival on Broadway of the summer, “Promises, Promises,” focuses on divorce. The most newsworthy memoir of the year, Andrew Young’s “The Politician,” chronicles the affair of John Edwards that eventually led to a notorious political divorce. The country watched with fascination the dissolution of various political marriages, such as the Edwardses, the Gores, and the Sanfords. Celebrities such as Sandra Bullock, Susan Sarandon, Tiger Woods, and Kelsey Grammar have made headlines all year with their sordid breakups and divorces. Was the summer of 2010 the summer of divorce?

Although our country seems obsessed with divorce, the actual divorce rate is plummeting. According to the Centers for Disease Control and Prevention, the divorce rate in America is at a 30-year low, down 8 percent in the last five years, 16 percent since 2000, and 34 percent since its peak in 1979. Approximately 20,000 fewer American couples are divorcing every year as compared with a decade ago. Although the country’s fascination with divorce and its decreasing divorce rate may be difficult to reconcile, experts observe that Americans seem to be talking about divorce more, while actually divorcing less.

View and Print our Charlotte Divorce Attorney Blog Family Law Newsletter – Fall 2010

Published on: September 4, 2010 | On behalf of Arnold & Smith, PLLC

In this issue of our Charlotte Divorce Attorney Blog Family Law Newsletter, we take a look at the increasing popularity of Post-nuptial Agreements and the many topics which can be addressed by Post-nuptial Agreements. We also consider a couple issues relating to Father’s parental rights in child custody disputes. Finally, we discuss how a divorce can affect your Last Will and Testament and other similar legal documents.

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

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER FALL 2010

Mecklenburg County Jury Duty

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

Mecklenburg County is doing its best to optimize the experience for the thousands of citizens who are called upon to serve on jury duty each month. The courthouse now features a business center and a daycare center for jurors’ use, as well as a juror assembly room with free Wi-Fi and an area where mothers can pump breast milk. During the wait to be called, movies are shown for jurors in the assembly room, where free popcorn is supplied. All jurors are also given a 90-minute lunch break.

Last week, the 26th Judicial District of North Carolina (Mecklenburg County) held a juror appreciation week, featuring a jazz ensemble, a celebrity speaker, and discounts for jurors at local restaurants near the courthouse. Juror Appreciation Week, which the district has put on every year for the past decade, was organized in order to “applaud the jurors who support the justice system” and make the juror experience more pleasant for all citizens who serve.

Every month, nearly 8,000 residents are selected for jury duty, although so far this year only about 6,000 potential jurors have actually sat on a jury. The National Center for State Courts reports, which sets benchmark statistics, declares that less than 5 percent of jurors in a county should be no-shows. In Mecklenburg County, only 4 percent of potential jurors never show up. Those who fail to appear for jury duty will receive a letter notifying them of their failure to appear. A repeat offender who fails to appear, without a valid reason, can face fines or be held in contempt of court by the judge.

Family Law Attorneys and Indefinite Separation

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

According to a recent New York Times article, more couples facing marital strife are now choosing to stay separated indefinitely rather than file for divorce. Many spouses who choose to live apart and carry on separate lives are still connected by the bonds of marriage: they file joint tax returns, carry joint insurance policies, and even occasionally visit one another. However, even long-estranged couples are bound by contractual issues like taxes, pensions, Social Security, and healthcare coverage.

target=”_blank”Charlotte divorce lawyers and marriage therapists report that the motivation for most couples to remain married is financial. Under federal law, an ex-spouse qualifies for a share of a spouse’s Social Security payment if the marriage lasts a decade. Occasionally, if a divorce is proceeding amicably, financial advisors and lawyers may urge a couple who have been married for nearly ten years to wait until the dependent spouse qualifies. For some couples, a separation agreement may be negotiated between the parties so that one spouse can keep the other’s insurance until he or she qualifies for Medicare. Thus, in the current economic recession, there is an incentive for couples to separate indefinitely: to avoid the real estate lows and the high care expense highs.

One family law attorney quoted by the New York Times reported that the biggest surprise to her was her clients’ primary consideration behind indefinite separation. She reports that the clients consider practical and financial, rather than familial, ramifications. The effect of these separations on the couple’s children rarely seems to be a priority. Furthermore, indefinite separations can leave a mess for survivors, as a spouse will still have legal rights to a predeceased spouse’s estate, even if separated.

In-Laws, Divorce and Lawyers

Published on: August 24, 2010 | On behalf of Arnold & Smith, PLLC

This month, Bristol Palin, the daughter of former Alaska governor and vice presidential candidate Sarah Palin, announced her engagement to her son’s father, Levi Johnston. However, Johnston is facing a long road ahead with his future in-laws after making accusations about them over the past year and engaging in some questionable public behavior.

Johnston is not the only future son-in-law who needs to work to smooth over in-law relations, according to studies conducted by the National Marriage Project. Researchers report that married couples with more support from their in-laws tend to encounter less conflict in their marriages. Disagreements between spouses and in-laws usually arise when parents have difficulty letting go of their grown children. Unrealistic expectations from in-laws can also fuel arguments, particularly between wives and mothers-in-law.

For those suffering from in-law induced distress, there are dozens of online venting forums and Facebook groups available for spouses to complain and seek solace among fellow sons and daughters in-law. However, most marriage experts suggest that a spouse who dislikes his or her in-laws should address any problems with them directly.

Domestic Violence in North Carolina

Published on: August 19, 2010 | On behalf of Arnold & Smith, PLLC

According to the Charlotte Observer, Rockingham County sheriff’s deputies reported on Wednesday that one of their residents is facing felony charges after shooting his wife with a wad of toilet paper stuffed into a gun.
The 38-year-old man was charged with assault with a deadly weapon after he shot his wife when she returned to their home late Tuesday night. According to the sheriff’s department, the suspect loaded a black power pistol with toilet paper, then fired the weapon at his 55-year-old wife, who was in bed. His wife suffered a powder burn from the gunshot and was being treated at a local hospital. Bond was set for her husband at $1,000. He is due to appear in court on August 11.

Domestic Violence in Charlotte Area and Facebook

Published on: August 16, 2010 | On behalf of Arnold & Smith, PLLC

A woman in Kings Mountain, North Carolina is now facing domestic violence charges for allegedly threatening another Kings Mountain resident over Facebook. Breanna Shanae Nance, 19, sent threatening messages via Facebook to a “current or former household member” of hers.

Nance was arrested last Friday on a misdemeanor domestic violence protective order violation, which was filed against her on June 23. According to the complainant’s affidavit, when the papers were served upon Nance, she threatened to murder the complainant in various Facebook messages. Nance is currently being held without bond in the Gaston County Jail.