Divorce

U.S. Supreme Court Refuses To Hear Challenge To Gay Parental Rights Case

Published on: March 7, 2018 | On behalf of Arnold & Smith, PLLC

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

The U.S. Supreme Court recently handed down an important victory for supporters of gay parental rights. How did they do that? By remaining silent. The case before the court concerned a lesbian couple in Arizona fighting over custody of their son. The case has been slowly making its way through the court system for years. An appeal was filed to the U.S. Supreme Court after a landmark decision last year by the Arizona Supreme Court, which abolished discrimination between gay and straight couples under state law. The worry by some was that the U.S. Supreme Court would agree to hear the case and potentially disagree with the state court. That did not happen, instead, the Court rejected the appeal, giving no reason for the decision.

Important Changes for Divorced Couples in New North Carolina Financial Power of Attorney Law

Published on: February 14, 2018 | On behalf of Arnold & Smith, PLLC

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

Estate planning is something that many couples fail to take seriously until it is too late. It is common for people to think they are too young or too busy or too poor to bother to construct a plan to protect their family in the event something bad happens. The reality is that an estate plan can benefit almost everyone, regardless of age or income. Bad things can happen to anyone and when they do, they often happen without warning.

What happens when your spouse refuses to follow the divorce decree?

Published on: February 7, 2018 | On behalf of Arnold & Smith, PLLC

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.

Pennsylvania Court Tackles Tricky Issue of Paternity

Published on: January 31, 2018 | On behalf of Arnold & Smith, PLLC

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.

Electronic Spying During Divorce Raises Tough Legal Questions

Published on: January 24, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

Divorce has always been a difficult process. People have always been angry, hurt, scared, and sad. These emotions can lead otherwise good people to act out in strange and sometimes alarming ways. Though this has always been true, technology is changing divorce, offering new and more invasive ways for disgruntled spouses to act out. Family law experts encounter examples of electronic surveillance more and more often and many see no end in sight.

Illinois Changes Divorce Law For Pets

Published on: January 17, 2018 | On behalf of Arnold & Smith, PLLC

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.

Mississippi Woman Sues For Parental Rights

Published on: December 6, 2017 | On behalf of Arnold & Smith, PLLC

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.

The Impact of Tax Reform on Alimony Payments

Published on: November 22, 2017 | On behalf of Arnold & Smith, PLLC

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.

Wisconsin Considers Ditching Post-Divorce Waiting Period

Published on: November 1, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How long does getting a divorce take?”

Normally, when we think of waiting periods and divorce, we are talking about the amount of time a couple has to wait before filing for divorce. In a number of states, these waiting periods exist to try and slow the process. Couples are often required to live separately for some period of time before either can file a divorce petition. Legislators say this time forces a couple to think twice (and maybe thrice) before finally pulling the trigger and moving ahead with a divorce. States have begun lowering these wait times, the goal being to further streamline the divorce process and get couples in and out of court faster.

Wisconsin Court Acknowledges Marriage Invalid, But Approves Divorce Award

Published on: October 25, 2017 | On behalf of Arnold & Smith, PLLC

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.