Articles Tagged with Huntersville

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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?”

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.

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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.

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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?”

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.

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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.

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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.

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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: “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?”

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.

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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.