Charlotte Divorce Lawyer Blog

Avoid Divorce by Spending Time Apart?

Published on: September 22, 2011 | On behalf of Arnold & Smith, PLLC

According to a recent article on Yahoo, absence truly can make the heart grow fonder. The article examines a journalist who has been married for 23 years. According to her, the key to their long marriage and avoiding divorce is simply taking separate summer vacations each year. She would go to work as a camp counselor while her husband would work on projects at home. After she spends seven weeks away, their marriage seems stronger than ever.

Depending on the couple, the time away can vary widely. Not every spouse is comfortable spending seven weeks away each summer. For some couples it can be as simple as a weekend getaway with the guys or girls. For other couples, it may be a new hobby which requires a bit of time away from the other spouse. The author notes that the key is having separate adventures and pursuits from your spouse, rather than separate lives.

The author goes on to note that, true to the adage, missing your spouse can be a powerful aphrodisiac – absence makes the heart grow fonder.

Some couples take it much further, going so far as to divide their time between two separate homes. In 2006, there were 3.8 million married couples who were considered “living apart together.” This can work if two people have different desires for their day to day lives. For example, if a couple does not see eye to eye about how to keep the house, decorate and the like then it may be easier for them to have separate primary residences.

A bit of distance can improve self reliance and spouses will sometimes fill roles which are traditionally male or female. The challenge is, though, that too much self reliance can make the notion of divorce more appealing and more palatable.

Is Infidelity in the Eye of the Beholder?

Published on: September 20, 2011 | On behalf of Arnold & Smith, PLLC

Not necessarily. But, according to a new study, your view of whether a physical affair is worse than an emotional affair may depend on your gender. This study, out of the University of Scranton, notes that men tend to be more focused on the sexual aspect of the affair, women tend to ask whether their spouse is in love with the other woman. Interestingly, this study was based upon “data” derived from a reality television show called “Cheaters.”

Out of 75 affair confrontations on the show, 57 percent of men asked about sex whereas only 29 percent of women asked about sex. On the other hand, 71 percent of women asked if the cheater was in love with the other man while only 43 percent of men asked whether they were in love.

This researcher is apparently very influenced by popular culture. He first became interested in this issue when he watched the 2004 film “Closer.”

This researcher is convinced that his research is accurate. He feels that evolutionary biology is on his side, noting that men have never been able to 100 percent certain that a child was actually theirs. So, he feels that the concern over whether their spouse had sex with the other women is completely natural. On the other hand, women have always been more threatened that their man would form an emotional bond with a different partner – focusing their time, commitment and protection to the other woman.

Set Aside Separation Agreement Appeal Dismissed as Interlocutory

Published on: September 15, 2011 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals dismissed an appeal as interlocutory. In this case, the Wife filed an action to set aside a Separation Agreement and establish the parties’ date of separation. The Wife also raised claims for equitable distribution, post separation support and alimony. At hearing the trial Court set aside the Separation Agreement and Property Settlement.

The Husband moved pursuant to North Carolina Rules of Civil Procedure Rule 54(b) that the trial Court certify the Order as immediately appealable. The trial Court also noted in its Order that the Order affected a substantial right of Husband. It seems that the trial Court tried to set the matter up for immediate appeal by all means available to it.

The North Carolina Court of Appeals dismissed the appeal as interlocutory by finding that the matter did not satisfy the second prong of North Carolina Rules of Civil Procedure Rule 54(b), which requires that the ruling be final with respect to one, but not all, of the matters pending in the case. The Court found it compelling that none of the other pending claims in the case could be determined without first determining the request to set aside the Separation Agreement.

Modification of Child Custody Decision Rendered by North Carolina Court of Appeals

Published on: September 13, 2011 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals rendered an opinion in a North Carolina child custody case. In this case, Mother and Father were parties to a separation agreement. This separation agreement was incorporated into the Court’s Decree of Absolute Divorce which terminated the parties’ marriage and turned the child custody terms of the separation agreement into an order of the Court.

Only a month after the entry of the Decree of Absolute Divorce, Mother filed a motion to modify child custody. Mother asked that Father have no visitation. At the hearing on Mother’s motion to modify child custody, Mother alleged that Father had physically and sexually abused the minor child.

The trial Court found that neither Father nor Mother had proved that there had been a substantial change in circumstances which would support a modification of child custody and dismissed both motions to modify child custody. Mother appealed and took the position that some of the trial Court’s findings of fact were not supported by competent evidence.

Fewer Children for Americans?

Published on: September 8, 2011 | On behalf of Arnold & Smith, PLLC

According to an article (The No-Baby Boom) by Details Magazine on Yahoo!, America is experiencing a significant decrease in the number of children being born. Generally seen as being attributable to the poor economy, children now tend to be seen as an economic liability rather than the free labor they once were when our economy was more dependent on farms. So, what is going to happen to our society if we continue to experience decline in reproduction? Is it possible that we will begin to experience significant population reduction?

Salma Hayek’s Billionaire Husband has Secret Lovechild

Published on: September 6, 2011 | On behalf of Arnold & Smith, PLLC

According to a new report, Salma Hayek’s husband has a secret lovechild with a supermodel. Francois-Henri Pinault now has four children. The challenging part for Mr. Pinault, however, is that this child (four year old Augustin) is apparently not by his wife, Salma Hayak. Rather, according to this report, the mother of this child is Linda Evangelista, a supermodel. This would appear to be the reason that Pinault and Hayak broke off their engagment prior to finally tying the knot.

Mr. Pinault appears to be a very engaging character. He is the heir to a 7 billion dollar family fortune and CEO of the Gucci, Bottega Veneta, and Yves Saint Laurent conglomerate. The frenchman grew up around supermodels and superstars.

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.

Child Custody and Child Support Appeal Denied

Published on: August 25, 2011 | On behalf of Arnold & Smith, PLLC

In the case of Moore v. Onafowora, the trial Court granted Mother sole child custody and determined an appropriate amount of child support to be paid to Mother by Father. Father appealed the child support award and the sole child custody determination. With respect to child support, Father contended that the Court erred by imputing income to him for prospective child support based on past years bank account statements. The North Carolina Court of Appeals determined that the trial Court did not actually imput income to Father. Rather, the North Carolina Court of Appeals determined that the trial Court determined Father’s income from all available sources. So, that part of the appeal was denied.

Contempt of Court Appeal Denied

Published on: August 22, 2011 | On behalf of Arnold & Smith, PLLC

In the case of Raprager v. Raprager, Husband and Wife entered into a Consent Order which appears to have temporarily resolved their dispute. It required Husband to make substantial payments to Wife: $2,000 per month in spousal support, $2,000 per month in child support and $1,000 per month toward an equitable distribution distributive award in the amount of $250,000. Not long after the Consent Order, Husband filed a motion to modify child custody, child support and spousal support. Shortly after Husband filed his motion to modify, Wife filed a motion for contempt because Husband was not paying as required under the Consent Order. The Court heard Wife’s motion for contempt and found Husband to be in wilfull contempt of court and ordered him to pay $22,500 in arrears to Wife. The trial Court further ordered that if Husband did not make the payments, he was to be immediately arrested and held in Granville County Jail until he purged himself by paying the amount ordered. The trial Court did not rule on Wife’s motion for attorney’s fees associated with the motion for contempt.