Articles Tagged with Lawyer

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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.

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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?”

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.

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Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

In today’s society, it is not unusual to hear about domestic violence happening within marriages. As unfortunate it is to hear these stories in the media, it is important for victims to find their voice and encourage other victims to tell their stories. For victims of domestic violence, one of the hardest things to do is leave their abusive spouse. Fortunately, divorce is an option. Domestic violence is a common cause of divorce in the United States. The following are common legal questions that domestic violence victims have.

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

Going through a divorce can be difficult. Not only are you separating from the person with whom you once thought you would spend your life, but you are faced with the difficult task of dividing up all of your worldly possessions. As hard as divorce is on the couple, it is much worse when children are part of the question. Some couples will try to solve custody disputes outside of the courtroom in an effort to make this process as easy as possible for their children. However, the world is not perfect and not every set of parents can come to an amicable agreement, or even just an agreement, outside of the courtroom. There is a formal process, rules, and regulations that govern child custody disputes. Outside of these legal rules, however, it is important to keep a few other things in mind for child custody.

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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.

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

Imagine this situation: You are separating from your spouse. For the duration of your marriage, you have shared the same marital home. Both of you want to stay in the home; neither of you are willing to move out, even though you have separated and initiated a divorce proceeding. What do you do in this situation? Can one spouse be forced from the marital home and leave the other with the sole possession of the home? In North Carolina, the answer to those questions are “it depends.” There are certain circumstances and situations in which a spouse can be forced out of the marital home. However, there are requirements that must be met in order to succeed.

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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?”

When most people think of custody of children, they usually think of disputes between the biological parents. However, custody does not always have to involve a dispute between the parents. In certain circumstances, custody of a child might be awarded to someone other than a parent. This is called third-party custody. In order for custody of a child to be awarded to someone other than a parent, there are a variety of factors to examine to determine if third-party custody is appropriate.

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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: “Can I keep my Kids from seeing the other parent?”

When thinking of adoption, most people think about a young child being adopted by a family that is going to take care of him or her for the rest of the child’s life. Not often does someone first imagine an adult is being adopted. Adoption does not have to be of someone under the age of 18. The number of adult adoptions that occur throughout the county each year is not available because that is not a statistic that is tracked nationally. Regardless of the statistics, it can be useful to know the basics of adult adoption.

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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.