Articles Tagged with Marriage

Published on:

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.

Published on:

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.

Published on:

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.

Published on:

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.

Published on:

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?

Published on:

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.

Published on:

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.

Published on:

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.

Published on:

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.

Published on:

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

 

Some call it a midlife crisis; some call it a wandering eye; some call it downright bored. Whatever “it” is, 50-year-old self-described “good girl” Robin Rinaldi decided to give it a whirl for one year, agreeing with her husband of seventeen years to try an “open marriage.”

Woman on the beach Charlotte Family law lawyer Mecklenburg Divorce AttorneyThe concept—called polyamory—is nothing new. It is almost as old as infidelity—a concept most people call cheating, except an open marriage takes the “cheat” out of cheating. In effect, a spouse is allowed—if not encouraged—to cheat.

Rinaldi, of San Francisco, California, said that prior to the year of her “wild oat project,” she had only slept with four men, including her husband Scott Mansfield. Her once-a-week love life with the brewer and winemaker was in a rut, and his refusal to bear a child with her was the final straw, she wrote in a recently published book titled The Wild Oats Project.

Her agreement with Mansfield was as follows: Rinaldi would rent an apartment and live there through the week. On the weekends she would return home, where she and Mansfield would live as a married couple. They were not to sleep with mutual friends, not to get into any “serious” relationships, and they were not to have unprotected sex.

Continue reading →