Articles Tagged with Davidson

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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.

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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.

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

It is clear that the rules surrounding the use of frozen embryos created as part of the in vitro fertilization, or IVF process are confusing. Couples often wonder whether agreements made prior to undergoing IVF will be deemed enforceable or whether they will instead be forced to fight it out in court with their ex-spouse over ownership of the frozen embryos. A recent series of legal events in Arizona further throws the issue into doubt, raising real questions for those considering IVF in the state.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

The desire to have a child of your own is a powerful one for many people. Though most are able to do so easily, there are many couples who cannot. Either due to age or infertility, it is not always an option to simply go out and have your own biological child. It is for this reason that some couples begin considering alternatives, including hiring a surrogate. Those who go down this road are required to put great faith in not only the woman chosen to act as a surrogate, but also in the legal system to ensure their rights are protected.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

A recent divorce debacle playing out in the UK represents an all too common reality for some. The husband in the case, a Russian billionaire, has utterly refused to comply with any aspect of the divorce decree. Despite a court order mandating that he hand over hundreds of millions of dollars to his ex-wife, along with vehicles and artwork, the man has simply said “No”. Now his former wife is forced to continue litigation, in the hope of collecting the money that is rightfully hers.

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Board Certified Family Law Specialist Matt Arnold answers the question: ” If I remarry, can they look at my new spouse’s income?”

You might think that determining paternity these days would be a fairly simple process. There is no longer a need for lengthy trials, witness testimony and a weighing of factors. A simple, fast, affordable genetic test can arrive at a definitive answer in record time. Though genetic testing allows for speedy resolution to the biological question of paternity, courts have, in some cases, been reluctant to let genetics dictate the answer to the legal question of paternity.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

We have discussed it several times before, pets are one of the most important parts of a divorce to be ignored from a legal perspective. Other key aspects of a split, including money, property and, obviously, children are all addressed by various laws and must be signed off on by a judge. Animals, on the other hand, are at best treated like any other item of personal property or, at worst, utterly ignored. Given the importance many people place on their pets, experts have said for years this is an area of the law that is ripe for change.

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

We have previously mentioned the possibility that the Republican tax plan currently before Congress could have some unexpected impacts. Though most news reports have focused on the tax cuts for millionaires and billionaires, there are many other smaller changes that will impact wide swaths of society. One of the underreported examples involves alimony.

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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?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

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

Tax reform has been in the news recently, with all sides of the political debate arguing about the best path forward. Some believe taxes are too high and need to be cut across the board. Others believe the cuts should be focused on lower and middle-income Americans. Still others are aiming the primary benefits at the wealthiest individuals and corporations. Which side will ultimately prevails remains to be seen.