Articles Tagged with cohabitation

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Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

Unsurprisingly, marriage is seen as a nonnegotiable prerequisite to divorce. A court cannot grant a divorce and divide marital property without an underlying marriage. Though this would seem to make sense, there are instances where though a marriage may not be legally valid, it is recognized by courts as having occurred. We have previously discussed issues surrounding common law marriage, but this post deals with something a little different: the putative marriage doctrine.

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

Millennials continue to remake various institutions across the country, not the least of which is the institution of marriage. Millennials have already been shown to put off marriage to a much later age than previous generations, preferring to cohabitate rather than take the plunge. A recent study identified another area in which Millennials are different: their interest in prenuptial agreements.

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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?”

A recent article discussed the trend among some couples, celebrity and otherwise, to consider new approaches to co-parenting post-divorce. One such trend, known as “birdnesting”, has been around for years, but appears to be enjoying particular popularity at the moment. Gwyneth Paltrow and her ex-husband Chris Martin do a version of birdnesting, while Anne Dudek, from “Mad Men”, and her ex publicly announced that they would pursue a birdnesting arrangement once their split is final.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are covered by child support?”

In recent decades, sociological research has consistently found that couples who had a child before marriage were much more likely to divorce than couples who married first.  However, according to new research released by the Council on Contemporary Families, those findings may not be accurate.

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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?”

 

Battles between advocates for same-sex marriage and defenders of traditional marriage have been dominating headlines for years. As other-than-traditional forms of marriage gain acceptance and recognition, less-than-traditional modes of splitting up are gaining traction as well.

Beach Walk Charlotte Mecklenburg Divorce Lawyer North Carolina Family Law AttorneyActress Gwyneth Paltrow and rock ‘n’ roll singer Chris Martin popularized the term “conscious uncoupling” when the pair split up earlier this year. While the pair appear to remain married by legal standards, they are living apart and dating other people, though they continue to cooperate on raising their children and, presumably, on matters related to property they share.

That is about how Clark and Valerie Tate are approaching their conscious uncoupling. They have not divorced, and they still live together in the same house, albeit in separate bedrooms. They maintain joint assets—or marital property—but they are each allowed to date other people.

When the sparks of intimacy began to fade in their marriage, the Tates knew they did not want to upset the structure of their family unit, which then as now revolved around their son. Clark Tate, who had been married twice before marrying Valerie, said he was familiar with the divorce process and did not want to go down that road again.

So, Valerie said, the couple began talking about the idea of dating other people. Clark said he was shocked by the idea initially, but over time he grew interested in the prospect of an amicable split.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

 

Being a lawyer is a bit like being a parent, and that is not because a lawyer’s clients act like children. Some do, I am told, but some lawyers act like children too. When they do, I recall the sage advice given to me by an old attorney for whom I worked early on in my career.

Family Law Charlotte Divorce Lawyer Mecklenburg Child Custody AttorneyHe said: It’s not about you.

This simple piece of advice has saved me a lot of heartache over the years, and it is advice that I believe my clients and any parents can take to heart. Parents, like lawyers, advocate on behalf of a third party. In the case of parenting, the advocacy springs from a selfless kind of love parents naturally express for their offspring. In the case of lawyers, this advocacy is professional.

Parents involved in custody disputes—and the lawyers who represent them—often become involved in heated entanglements. These entanglements may spring from matters that arose before a legal case began, or they may spring from the legal actions one or more party has taken in a pending legal matter. In any case, I have learned that the best results are often obtained when parties to a lawsuit lower the temperature, take a step back, and consider the interests and positions of others.

This is the same advice Los Angeles-based family psychotherapist Katie Hurley has for divorced parents who share custody of children. The secret to successful post-divorce co-parenting, says Hurley, is becoming child-centered.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does uncontested divorce mean?”

Sugar Daddy Charlotte Mecklenburg Family Law Attorney North Carolina Divorce Lawyer

As same-sex couples in the Tar Heel State and elsewhere fight in courts and legislatures for the right to marry, other people have been seeking “mutually beneficial” relationships short of marriage.

According to the chief executive officer of one Charlotte company that links older men looking for “love” with young women looking for money, the “sugar daddy” business is booming.

Brandon Wade, founder of SeekingArrangement.com, told WBTV that a “sugar daddy” is a man who is both successful and generous and who is willing to foot the bill for a high-class lifestyle for a young, attractive person, in exchange for that person’s friendship or companionship. Data gathered by SeekingArrangement shows that about one per every 250 Charlotte men is a sugar daddy.

Old is, as the saying goes, in the eye of the beholder, and the average sugar daddy may not be as old as some suspect.  Wade said the average North American sugar daddy is about 44-years-old and has a net worth of just under $8 million. On average, sugar daddies spend about $4,000 per month on their sugar babies.

Charlotte-area sugar daddies make around $250,000 per year and are worth some $4.1 million, on average. They spend just over $3,000 per month on their sugar babies.

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Board Certified Family Law Specialist Matt 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?”

 

Dating, courtship, friendship, getting to know someone—whatever you call it—it’s nothing new. Also not new is the idea that knowing someone comes first, marriage second. Or third, or long after you’ve gotten to know someone and, perhaps, learned to love a person.

Married Couple Mecklenburg Charlotte Divorce Lawyer North Carolina Family Law AttorneyMany couples—famously Goldie Hawn and Kurt Russell, formerly Susan Sarandon and Tim Robbins, and don’t forget Branjelina—have carried on years-long love affairs without going through the business of tying the knot. A recent study may show our movie stars reflect our reality: so-called Millennials are marrying later—and less of them are marrying—than each of the previous three generations (described by the Pew Research Center as “Gen X,” “Boomer” and “Silent.” On average, an American woman in the 1950s married at age 20; the average man at age 23. Today the average American woman marries at age 27, the average man at 29.

Some families like the Duggars—stars of TLC’s hit show “19 Kids and Counting”—have adopted and implemented dating rules consistent with their religious faith, by which children of dating age “date with a purpose,” always in the presence of a chaperone, and save kissing, hand-holding, body-on-body hugging and virtually every other form of physical contact for marriage. So far, the Duggar “courtships” have been short, lasting a few months and ending in a proposal to marry, and so far the kids are marrying young.

The Duggars may seem like a throwback to a bygone era, but many observers bemoan the weakening of the institution of marriage, caused perhaps by intergenerational prosperity which has caused both men and women to lose the motivation to marry and have children. Perhaps that is why Jamie Otis had such a hard time finding a man who was ready to commit. She said guys in New York City—where she lives—were just players until they hit their late thirties.

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