Articles Tagged with Property division

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Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

Sometimes divorce can be a bumpy process, everyone knows that. In a divorce, especially where important issues are in contention, there can be a desire by one party or the other to hurry things up, get the process done as quickly as possible and settle the complex issues down the road. Though most people may agree with the sentiment and would relish the opportunity to move on more quickly, it’s rare to take action to try and force it to happen. A messy divorce in Kansas recently took a turn for the worse and led to an unusual request, with the wife asking the court to allow what’s known as a bifurcated divorce.

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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.

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

If you’ve ever played Farmville, then you played a part in making Mark Pincus a very rich man (a billionaire, in fact). Though his name might not ring a bell, his products likely do. Mark is the founder of a major videogame company known as Zynga, which is responsible for several big hits. His company has done quite well and Mark is now believed to be worth a little over $1.2 billion.

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Family Law Specialist Matt Arnold answers the question: “How Can I protect myself from my spouses spending habits?”

If you’re preparing for a North Carolina divorce, you likely know to take your house, cars, bank accounts and retirement funds into consideration before dividing assets. These are the kinds of things that everyone thinks about when they think of property. They’re tangible and easy to identify. While it’s crucial that these easier items be accounted for, it’s just as important to remember those more complicated bits of property, including intellectual property, as they can end up being very valuable down the road and can provide important income to fund your future.

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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?”

Societal tradition suggests spending three months’ salary on an engagement ring. WeddingWire just released its 2015 Newlywed Report indicating that the average cost of an engagement ring is $4,758—not cheap. In the event of a broken engagement, either party could probably think of plenty of other uses for the value of such an expensive asset. Further complicating matters can be if the ring is a family heirloom.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

Custody is often among the most contentious aspects of a divorce proceeding and understandably so. Though property division can be acrimonious, nothing is as emotionally draining as the thought of dividing up time with your children. Typically, both parties are eager to spend as much time as possible with the kids, something that invariably leads to conflict.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Are overtime, bonuses, and commissions included in calculating child support?”

Most people have heard of divorces that turn nasty as couples fight over bank accounts, retirement funds, homes and even furniture. In a surprising turn of events, social media accounts now appear to be worth fighting over. This recent development supports the claim by some family law experts who say that divorce in the internet age will require rethinking the way property is divided, including drafting social media clauses to insert in settlement agreements.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does uncontested divorce mean?”

The actress Morena Baccarin (from “Deadpool” “Homeland” and currently “Gotham”) is in the midst of what appears to be a rather nasty divorce. Baccarin is currently divorcing her husband Austin Chick and, in addition to the usual fights over money and property division, is battling over custody of the couple’s two-year-old son. As part of the divorce, Chick has insisted that Baccarin answer questions as part of a deposition. Baccarin is now arguing that her pregnancy should excuse her from the deposition, at least for now.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What are my custody rights if the other parent moves?”

Family law attorneys are used to hearing and seeing it all. The combination of anger, embarrassment and hurt feelings can combine to cause good people to act out in all manner of strange ways. One area that was often a central focus of this acting out concerned custody battles, with the parents engaging in brutal battles to secure more advantageous custody or visitation arrangements. While this is certainly still the case among some couples, a new subject has recently been getting attention: pet custody.

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Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I get the judge to order my spouse to pay my attorney’s fees in a property division case?”

 

The Huffington Post has identified what it describes as “a narrow group of smart, rational and reasonable individuals” who will join the flood of people all over the country starting the New Year by ending their marital relationships. It is, after all, the busiest time of year for divorce lawyers; however, these “smart, rational and reasonable” individuals will not be joining the flood of phone calls to divorce lawyers’ offices.

Document Review Charlotte Family Law Attorney North Carolina Divorce LawyerDiane L. Danois, J.D., says smart people don’t need divorce lawyers. First, she argues, much of family law is form-based, and most of the forms are available online at no cost. Even samples of Separation Agreements, Property Agreements and Custody Agreements can be found online and tailored—by “smart, rational and reasonable” individuals—to fit an individual couple’s needs.

As for property division, Danois says, financial affidavits guide couples through the steps of disclosing and labeling assets and liabilities. Smart people can figure out what martial property is, presumably. The assumption Ms. Danois appears to make, however, is that parties to marital relationships all have sharing, cooperative attitudes. Many people end up in my office, however, because of their spouses’ uncooperative and—at times—abusive and controlling attitudes. They need advocates to stand up for them because they feel intimidated by a spouse and by the legal system.

Of course, uncooperative, controlling, manipulative spouses would likely not fit under Ms. Danois’ definition of “smart, rational and reasonable” individuals, so perhaps the couples in need of divorce lawyers—by asserting the opposite of the premise—are those which feature at least one spouse who is uncooperative, or not “smart.”

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