Articles Tagged with North Carolina

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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?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How long does getting a divorce take?”

Normally, when we think of waiting periods and divorce, we are talking about the amount of time a couple has to wait before filing for divorce. In a number of states, these waiting periods exist to try and slow the process. Couples are often required to live separately for some period of time before either can file a divorce petition. Legislators say this time forces a couple to think twice (and maybe thrice) before finally pulling the trigger and moving ahead with a divorce. States have begun lowering these wait times, the goal being to further streamline the divorce process and get couples in and out of court faster.

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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.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

If you have been through a divorce you understand that interaction with the legal system is a requirement. No matter how agreeable you and your ex might be, a judge will still have to be involved. Someone, maybe not you, but your attorney, will have to set foot in a courtroom. Formal papers will need to be submitted to clerks. Hearings and deadlines and other judicial-related hoops will need to be jumped through. And that’s if things are reasonably cooperative. If you and your ex are at each other’s throats the justice system can become much more invasive.

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Board Certified Family Law Specialist Matt Arnold being interviewed on the Legal Forum. This was recorded in Charlotte, North Carolina.

It’s a question that few people think about until it’s too late: what happens if your electronic privacy is compromised? There are a lot of reasons for this. Some people think they just aren’t interesting enough to worry as they don’t have dirt worth digging up. Others (mistakenly) believe their password will serve as a fortress, shielding their secrets forever. For others, it never even crosses their mind that a significant other would try to do something like invade their privacy. The reality is that, in some sad cases, individuals learn the hard truth that privacy, especially online, is incredibly hard to maintain.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How are military divorces different from a regular divorce?”

It’s rare that spousal support cases make their way to the U.S. Supreme Court. The justices are usually grappling with weighty issues involving constitutional rights, but occasionally make time for less headline-grabbing matters. Recently, that’s exactly what the Court did, hearing and then deciding a small case with an even smaller amount of money on the line. Though the ruling won’t go down in history, it does clarify an area of confusion in the law and will bring certainty to a number of other military divorces.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

Family law is an aspect of our legal system that can sometimes seem immune to change. It can take years for the family law world to react to changes in society, and even longer for those changes to trickle down through the various states. One state that hasn’t changed its family laws in decades is Illinois. Legislators there have decided to finally tackle the outdated legal code and are in the midst of a multi-year overhaul.

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

Though it’s gone smoothly in some places, other courts in more conservative states have had a bumpy road adapting to changed legal realities since the landmark same-sex marriage case decided by the Supreme Court in 2015. A good example of this is in Tennessee, where one same-sex couple has spent months and months fighting to get a divorce, something that has proven harder than many expected.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

Most people know that it’s important to have health insurance. Same thing with car insurance or life insurance or homeowner’s insurance or renter’s insurance. We rely on insurance, in all its many forms, to protect us when things go badly and we encounter some financial setbacks that we aren’t able to cover on our own. It’s based on this premise that an insurance company recently announced it would begin offering divorce insurance, adding to the long list of insurance that a person could consider paying for.

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

Though you’ve likely heard of a prenup, either from a friend, a relative or in popular culture, postnups aren’t nearly as common. Though a much newer invention, experts in the family law business say they’re beginning to catch on, with large numbers of family law attorneys reporting an increase in interest from clients. What is a postnup? How does it work? Is there any value? To learn more, keep reading.