Articles Tagged with Mecklenburg

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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?”

We have all heard the fairytales – boy meets girl, boy and girl fall in love, boy and girl get married, boy and girl live happily ever after. Life is not a fairytale, and more and more couples are choosing to postpone marriage and instead live together as if they were a married couple – sharing financial responsibility, purchasing a home together, etc. There is nothing wrong with postponing marriage, but there are some financial considerations that couples must think about to avoid problems in the future. When unmarried couples do not have defined financial plans, or responsibilities, it can often result in financial harm.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

Most of us have heard the term “domestic violence.” However, not everyone knows what it means. People often think that domestic violence is when one spouse is physically violent to another. While this can be considered domestic violence, it is not the only type of domestic violence. Since it can be confusing to define when domestic violence has occurred, it is important to know some basic legal information. The following are commonly asked questions and misconceptions surrounding domestic violence.

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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?”

You have made it through your divorce. Everything has been settled and agreed upon – the distribution of shared items, property, and the custody agreement between you and your ex-spouse. Everything is seemingly “perfect” and everyone knows exactly what is expected of them. While this period of certainty is usually well-deserved, do not let it lull you into a false sense of security. There are still issues that can arise in a child custody agreement. One of those issues is weather.

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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: “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: ” 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: “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 not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

North Carolina courts take domestic violence acts and charges very seriously. Often times, after a defendant has been charged with a domestic violence act, he or she is required to enter into a “abuser treatment” program. This acts as a type of probation and there can be serious consequences if it is violated or ignored.

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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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