Articles Tagged with Davidson

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “What rules are there for Father’s Right in NC?”

In the midst of a divorce, the focus is on which parent will be awarded custody of the children. What most people do not know, though, is that there are other options in a custody battle beyond the biological parents. In North Carolina, there are various statutes that can award a grandparent custody or visitation. Grandparents play a special role in a child’s life. While there may be options for grandparents to seek custody and visitation, it is by no means a guarantee that the grandparent will receive the custody or visitation. Instead, the statutes are merely a means to get into the court system to ask for visitation. The statutes do not entitle a grandparent to court ordered custody or visitation.

Published on:

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

Divorces can be messy. Suddenly two people are splitting their assets and lives into two, from what used to be a marriage. Divorce does not only affect the couple getting divorced, however. Oftentimes there are children to be considered. Most parents want what is best for their children, this includes wanting what is best for them in divorce. Custody agreements detail what exactly the arrangement will be between the two parents who will be co-parenting the child.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “When do you get alimony?”

Not every marriage ends in a lifetime of happiness with your spouse. Unfortunately, spouses have irreconcilable differences that lead them to file for divorce and legally end their marriage. For some spouses, divorce results in each spouse continuing to work and live his or her separate life, just separate from the former spouse. For others, though, a divorce can cause them to wonder how they will continue in their previous lifestyle. In some instances, one spouse works and makes money to provide for the family, while the other spouse stays home or works at a lesser paying job. A divorce does not have to devastate one, or both, spouses financially. There is a potential for one spouse to receive alimony payments from the other spouse.

Published on:

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

If you asked someone 20 years ago if there would ever be a possibility of a woman conceiving a baby with her spouse who is deceased, you would have likely gotten a blank stare of disbelief. 20 years ago this was not possible, but through increases in technology and conception methods, the possibility of conceiving a child after the death of a spouse is possible through In Vitro Fertilization (IVF). In the estate planning world, this type of situation, a child born after the death of one of the parents, would be called an “after born child.” There are may legal considerations that must be noted when there is the potential for an after born child.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect who gets custody?”

Being hurt by the one you love is devastating, especially when it is in the form of an extra-marital affair. If your spouse has had an affair during your marriage, he or she is not the only one at fault. There is a third party that is also involved in the situation. North Carolina is one of the six states that will prosecute another person for alienation of affection. Alienation of affection is a tort action against the third party who has engaged in the affair with your spouse. Essentially, you are suing the third party for depriving you of the love and affection of your spouse.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

Thinking about ending a marriage can be hard. When one starts to think that he or she might want a divorce, it can be overwhelming; there are many considerations and actions to be taken. If you are contemplating a divorce, here are some things to do to help you through the process.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

For most individuals facing a divorce, their concern is what will happen to the children (if any) from the marriage and how the assets of the couple will be divided and assigned. A divorce can have many consequences to the present situation of the parties involved, but there are future considerations and consequences that must be considered by the parties when entering into a divorce agreement, as well. One of these future considerations is what will happen to any retirement accounts that the couple has.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Going through a divorce is a major transition in life. Suddenly, your assets are being divided, custody arrangements are being set, and you are left negotiating with a soon-to-be-ex spouse over assets and issues you never thought would be the subject of a legal battle. We see divorce on television or witnesses our close friends and families go through divorce, but we do not often consider the impact that our actions might have on the outcome of a divorce.

Published on:

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

The act of adultery of one or both spouses is one of the biggest reasons that couples get divorced. North Carolina is a no-fault state in regards to divorce. This means that the spouse who files for divorce is not required to prove that the other spouse is at fault for the divorce. In some states, adultery is one of the “faults” that a spouse can cite as a reason for divorce. This is not true in North Carolina. Nevertheless, adultery can have an impact on a divorce. Alimony payments, child custody, and property distribution can all be affected by adultery.

Published on:

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

It is a fairly common practice in the United States to consider a prenup before marriage. This is especially true if you are rich and/or famous and have substantial assets to protect. The goal of the prenup is to shield these assets so that they remain safe in the event of a divorce. Though prenups are not just for those with lots of cash in the bank, wealthy individuals are especially well served by considering the drafting of such an agreement.