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Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”
Although couples can obtain a no-fault divorce in North Carolina, marital misconduct may play a prominent role in divorce proceedings. Specifically, any acts that constitute marital misconduct may affect such aspects of divorce as alimony and even child custody.
Board Certified Family Law Specialist Matt Arnold answers the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”
We live in a society in which nearly 50% of all marriages end in divorce. Sometimes two people choose to end their marriage amicably after realizing that the marriage is no longer working. The couple then files for divorce and parts ways without a lot of drama. The divorce process turns much more contentious when one spouse is not cooperative or on board with the divorce proceedings. In North Carolina, you do not need the consent of your spouse to move forward with divorce proceedings. Only one person’s consent is required to file for divorce. While one person can move forward with a divorce, there are often other questions and concerns that can pop up during a divorce when only one spouse has consented.
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.
How should I prepare if I intend to file for divorce in the near future?
Advocates for families and, specifically, victims of domestic violence are making their opinions heard in a Mississippi divorce case that will soon be decided by the state Supreme Court. Opponents of the status quo argue that Mississippi’s laws are antiquated and in desperate need of an overhaul. Of particular interest is the state’s lack of a unilateral no-fault divorce option, something that critics say traps spouses in bad relationships for years longer than necessary, holding them hostage to the whims of controlling and potentially abusive partners.
Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”
It’s been a rough few weeks for a relatively obscure member of Mississippi’s legislature. Andy Gipson was, until earlier this month, seldom on the national news radar. That changed as the state legislature has taken steps to try and address severely antiquated laws surrounding the divorce process. Two different legislators put forward two different measures to try and reform the backwards laws and both were killed before making it to the full chamber by Gipson. His actions resulted in a swift response from critics, with reports indicating that Gipson was deluged in phone calls, emails and social media posts by those who disagreed with his tactics.
Board Certified Family Law Specialist Matt Arnold answers the question: “Do I have to be living separately to meet with a lawyer about divorce?”
A common complaint of the divorce process is how long it can take. A runner up? How expensive it is. Though both are legitimate complaints regardless of your location, they’re perhaps especially true for residents of Mississippi. Mississippi has the dubious honor of being one of only two states that does not recognize a right to a no-fault divorce. That means that those couples in Mississippi looking to end their marriages need to prove fault and, if no fault is proven or if his or her spouse won’t cooperate, you could effectively become trapped in your marriage, driving up the time and expense associated with the process.
Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”
Going through a divorce with kids can be incredibly difficult. Divorce is bad enough as it is, but the added stress of worrying how the divorce will impact your kids, the pain of creating new routines, of dividing parenting responsibilities and of creating a visitation arrangement that’s workable, is even harder. Given how difficult divorce with kids already is, it’s certainly not helpful for a judge to actively attempt to make the process even worse. This what appears to have happened recently in Kentucky, where one family court judge was recently reprimanded for treating divorced couples with children differently than those without.
Board Certified Family Law Specialist Matt Arnold answers the question: “Do I need an attorney to get a Divorce in North Carolina?”
Anyone with friends or family who have been through the process have likely heard how difficult divorce can be. Even putting aside the emotional toll (a hard feat to accomplish), the costs, time, uncertainty and bureaucratic difficulties of divorce can be overwhelming, especially to those with limited financial resources. Legislators in Illinois realized this and made a big effort to roll out a host of changes to the state’s divorce process. These new rules aim to simplify and streamline divorce and custody proceedings as well as standardize the approach taken to awarding spousal maintenance (also known as alimony) and child support.
Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”
Recently released statistics from the National Center for Family & Marriage Research indicate that Americans are increasingly less likely to divorce. The numbers reveal that the divorce rate is at its lowest level in more than 35 years. Though the rate in the U.S. may be low, it’s nowhere near as low as it is in India. A recent New York Times article explored some of the bizarre and interesting legal obstacles couples in India must combat if they want to end their marriages.