Articles Tagged with North Carolina

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

Divorce, though seldom celebrated, is a process taken for granted by many in the United States and other countries around the world. Though few people begin a marriage intending to divorce, if the time comes and a relationship deteriorates, it is a very good thing that there are legal methods to unwind a bad marriage. This allows the couple to go their separate ways, freeing up both to be happier on their own rather than forcing them to continue being miserable together.

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

It is a fairly common practice in the United States to consider a prenup before marriage. This is especially true if you are rich and/or famous and have substantial assets to protect. The goal of the prenup is to shield these assets so that they remain safe in the event of a divorce. Though prenups are not just for those with lots of cash in the bank, wealthy individuals are especially well served by considering the drafting of such an agreement.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How can an attorney help me with my Divorce or Separation in North Carolina?”

Divorce has always been a difficult process. People have always been angry, hurt, scared, and sad. These emotions can lead otherwise good people to act out in strange and sometimes alarming ways. Though this has always been true, technology is changing divorce, offering new and more invasive ways for disgruntled spouses to act out. Family law experts encounter examples of electronic surveillance more and more often and many see no end in sight.

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

We have discussed it several times before, pets are one of the most important parts of a divorce to be ignored from a legal perspective. Other key aspects of a split, including money, property and, obviously, children are all addressed by various laws and must be signed off on by a judge. Animals, on the other hand, are at best treated like any other item of personal property or, at worst, utterly ignored. Given the importance many people place on their pets, experts have said for years this is an area of the law that is ripe for change.

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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.