Articles Tagged with Marriage

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

Marriage brings about different experiences and problems that you might not face on your own, such as raising children, figuring out how to merge your finances, and many others. One thing that you might not expect is that your spouse could face criminal charges and the prosecution looking to you for testimony and evidence against him or her. Are you required to testify against your spouse? Spousal privilege is a doctrine that protects some communications between husband and wife.

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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: “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.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

In many places, if a marriage ends due to an affair, the innocent spouse may be left with anger and hurt feelings, but will otherwise have no recourse. That is not the case here in North Carolina, one of the few remaining states to recognize the right of an innocent spouse to bring claims for alienation of affection or criminal conversation. Though the cases are relatively rare, they still occur each and every year, with some, like a recent case out of Winston-Salem, grabbing headlines.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

Religious conservatism is almost always associated with an emphasis on family values, especially the creation of strong and stable marriages. Churches do what they can to encourage congregants to marry wisely and then remain in those marriages until death do they part. Though religion is usually seen as a force that contributes to stable marriage, studies have come back with numbers that don’t always support such a notion. One especially famous study even showed that certain religious traditions have noticeably higher divorce rates than others.

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

We’ve all heard that there are restrictions on marriage. For instance, those who are closely related may not be able to legally married, same with young people under a certain age. Another restriction on marriage has to do with mental competence; a person who has been deemed incompetent cannot validly enter into a legal marriage. The question before the Kentucky Supreme Court is whether such a restriction should apply in reverse: can a person be too incompetent to legally divorce?

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are covered by child support?”

In recent decades, sociological research has consistently found that couples who had a child before marriage were much more likely to divorce than couples who married first.  However, according to new research released by the Council on Contemporary Families, those findings may not be accurate.

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Board Certified Family Law Specialist Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What children’s expenses are not covered by child support?”

A Duke University researcher who set out to test whether the adage that unmarried parents are most receptive to the idea of getting married in the “magic moment” right after a child’s birth was true found out the post-birth magic lasts longer than a moment.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Does adultery affect my divorce case?”

By now you have likely heard of the Ashley Madison hack.  For those of you who are unfamiliar with the site, and the countless others who pretend to be unfamiliar with it, Ashley Madison is a website designed explicitly for finding an affair and cheating partners in your local area.  It prides itself on being the “world’s leading married dating service for discreet encounters.”  A few days ago, the website was hacked by a group threatening to release all customer names, addresses, and credit card transactions if the site is not shut down.  Ashley Madison’s parent company, Avid Life Media (ALM), has since hired an IT security team to work on the breach.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC 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?”

Then-Alaska Governor Sarah Palin and her family were thrust into the media spotlight in 2008 when Arizona Senator and then-presidential candidate John McCain named Palin as his running mate in the political race against (then Senator, now President) Barack Obama and running-mate Joseph Biden.