Articles Tagged with Equitable Distribution

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

When couples are considering, or pursuing a divorce, there is a lot of discussion on the distribution of property between the couple. Is everything split down the middle? Is one spouse entitled to more of the assets than the other? What exactly are the property or assets that need to be divided? The assets and property that people most think of in divorce are homes, cars, and monetary assets. However, for some couples there are other types of property that must be considered. Personal injury settlements can become a contentious point in a divorce. To determine what happens to those settlements, you must first look at the way that property is classified by family law.

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

Deciding to file for divorce in North Carolina can be difficult. Not only are you dealing with the emotional ramifications that might come along with ending a marriage, but you are also faced with dividing physical property between you and your soon to be ex-spouse. Recently, the North Carolina Court of Appeals ruled on a divorce case with some issues surrounding the division of marital property.

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

No, we are not talking about trust, the bond of confidence between two people, we are instead talking about something a lot more tangible; trust funds, the popular estate planning vehicle used by more and more families every year. The dissolution of a marriage can impact nearly every aspect of your estate plan, including trusts. To understand more about what divorce might mean for your trust fund and how trust funds can prove helpful in the event of a split, keep reading.

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

Many people have skewed views of what happens in a courtroom. Television and movies have done a disservice to our understanding of what really goes in when you’re in front of a judge. We expect fireworks, tears, shocking revelations, audible gasps from the jury and if we don’t get it we’re disappointed. The reality is that in the vast (and I mean vast) majority of cases, you’re simply trying to hold people’s attention. Just as one example, discovery obligations and rules of evidence make it unlikely that surprises will occur, both sides usually see any “surprise” coming long before it’s ever presented in court.

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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?”

One of the most contentious issues in a divorce involves dividing a couple’s assets. As the process almost always reveals, people put a lot of stock in their possessions and often view the division, who gets what, as a kind of judgment of their contribution to the relationship. This is why in some cases it matters a great deal to one party whether they walk away with 45, 50 or 55 percent. Though the amount itself may not matter, the idea that their contribution has been appropriately acknowledged does.

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

If you’ve ever played Farmville, then you played a part in making Mark Pincus a very rich man (a billionaire, in fact). Though his name might not ring a bell, his products likely do. Mark is the founder of a major videogame company known as Zynga, which is responsible for several big hits. His company has done quite well and Mark is now believed to be worth a little over $1.2 billion.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

When you think of Supreme Court cases, you typically imagine the big ones, cases like Brown v. Board of Education or Miranda v. Arizona. Though it’s true that the Supremes usually only involve themselves in the bigger disputes, there are times when they choose to wade into more run-of-the-mill matters. A recent case argued before the court illustrates just that and concerns principles of equitable division; more specifically, how pension payments are divided during a divorce.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”

Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

Divorce often comes with new burdens, many of them financial. In addition to the cost of dividing your assets, paying attorneys and adjusting to a budget based on only one income, those going through a split also have to get new housing on their own. Many people underestimate this expense, forgetting that the same money that used to support one joint household will now need to be divided to support two separate homes.