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Neville Thomas, 115 E Russell Street, Fayetteville, NC (2026)

08/10/2020

Second Spouse’s Legal Rights Affected by Bigamy

When one spouse commits bigamy, the second spouse in the relationship usually has a marriage that is invalid and has no legal standing. If this spouse does not want to pursue criminal or civil action against the one committing bigamy, he or she may have rights under federal law to return to a relatively normal life devoid of the bigamist.

Bigamy and the Invalid Marriage
When a person marries more than one person, he or she engages in bigamy or polygamy. The first marriage between spouses is usually a valid and legal binding of the two. However, subsequent legal relationships require the first to either end in divorce or for one party to die. If one individual disappears and there is no contact or it is a belief by the local authorities that the person died, the person may remain free of the marriage and marry another person. However, if the relationship stays valid by the state, the spouse will engage in bigamy when marrying another during the marriage.

The second or further marriage is then invalid when the spouse marries more than one person. This is the law throughout the entire country, and if the individual marries two or more others, he or she may suffer under the law and face incarceration or civil penalties. The impact of the second spouse could also lead to a negative quality of life if he or she depends on the spouse for monetary or other types of support. The consequences extend to the second spouse in that he or she has no right to what a spouse usually receives as an entitlement such as a divorce with a settlement.
The Invalid Marriage Effects
Because the second and other marriages of a bigamist or polygamist are invalid, this removes all rights afforded to the wife or husband in these relationships. While there is no need to annul or dissolve the marriage, there are no other rights either such as spousal or child support. The usual way a second spouse may acquire the necessary benefits that he or she would have in a valid marriage is through civil suits against the person. Some states may not permit this based on the illegal act of bigamy, and the individual will need to consult with a lawyer about possible available options.
Other Relationships
There are some domestic partnerships and common law marriages that some states will recognize as legally binding. When same-sex couples are already in a legal marriage to another person, the domestic partnership will constitute as bigamy. The same applies to another person that enters into a common law marriage in the state the recognizes it. When presenting these relationships to the state, the individual may face criminal charges of bigamy when attempting to recognize the relationship as legal. If there is any doubt that the other person is already in a marriage, the second spouse should contact a lawyer to determine what rights exist and will remain if in the relationship.
The Potential Consequences
When a second spouse turns into his or her romantic partner, there are several possible consequences that may punish the criminal. These may exist in fines, prison or a combination of punishments. Another considerable factor involves the knowledge of the second spouse. If he or she is aware and fully understands that he or she has another legal marriage, the state may convict both parties of bigamy even if only one commits the actual crime. The rights of the second spouse are nonexistent when knowledge is present. Incarceration or fines are possible, and the likelihood of these penalties increases the longer the couple remains illegally married.
Exceptions that Lead to Charges
While some states will let a person marry another when the former spouse is either missing or presumed dead, the exception exists when the individual does not seek to divorce from his or her spouse before marrying another person. However, the presumption is another exception when the state either declares the spouse dead or sufficient time passes to claim the person as no longer among the living. It is best to contact a lawyer any questions remain.
Legal Support for the Second Spouse
Because most of the second spouse’s rights do not exist, it is important to seek the consultation of a lawyer before pursuing any action or attempting to seek a civil remedy for the bigamy situation. The lawyer may have answers about how to progress through the criminal or civil matter.

08/08/2020

Three Things You Need to Know About Alimony
Three Things You Should Know Regarding Divorce

There are not many experiences in life more difficult than ending a marriage and breaking from the vows you made. It’s not easy to walk away from the dream of the life you and your spouse planned. Very few life experiences are more stressful or more complicated. However, If you’re thinking of getting divorced, there are a few things you need to factor in as you make your final plans.

Issues such as child support and custody arrangements, the separation of property acquired during the marriage, and decision about any business dealings are usually the first things in the minds of most people contemplating divorce. But there is also the possibility of alimony, and that should be considered before you take your case to court.

In Florida, there are several things you should know about alimony before you make plans. Here are just three things The Campbell Law Group hopes you consider.

Factors Determining Alimony

First, there are several factors the courts consider before awarding alimony. Some of those factors include:

- The standard of living during the marriage
- The length of the marriage
- The financial resources of each spouse
- The income-earning capacity of each spouse
- The time needed to receive the necessary education or training to acquire appropriate employment

There are many more factors you need to be aware of before you make your decision. Be sure to call The Campbell Law Group to discuss your best strategy.

Types of Alimony

The second point you should know is, there are several types of alimony the courts may award. Regardless of whether you may be in a position to receive alimony or whether you may have to pay, you need to be aware of the types of alimony so that you can plan accordingly.

Bridge-the-Gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed two years.

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either through the redevelopment of previous skills or credentials or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials. However, in order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.

Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support permanently.

Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.

Now there are caveats you should be aware of with each of these types of alimony such as their duration or whether or not they can be modified. Our experts at The Campbell Law Group can help you decide your best interests.

Alimony and Taxes

AlimonyLastly, like with any other topic involving money, what would the discussion be without mentioning…taxes.

Many of you might be surprised to learn that in 2018, Congress changed the federal law pertaining to alimony, which went into effect on January 1, 2019. Where the payer once could take a federal deduction for paying alimony, they no longer are allowed, if the divorce was after January 1, 2019. And with that, the recipient now no longer has to pay federal taxes on the income.

Now, while this might sound like a very good thing if you’re planning on being a recipient, some attorneys who specialize in divorce cases are learning that strategically, this might not be a good thing because it may alter negotiations in other areas of the proceedings.

Also, other factors come into play that you should be aware of, such as if your divorce was prior to 2019, but modifications are to be made after 2019, and if there are there any loopholes you can use by making payments from your retirement accounts.

As you can see, aside from all of the other complications divorce brings to a family, the issue of alimony should be a significant concern as you plan the best course of action for yourself.

If you’re thinking of getting divorced, do yourself a favor and remove some of the stress right now. Contact the experienced family attorneys at The Campbell Law Group right now. We have the expertise and know-how to approach the difficult topic of alimony and can help you develop a strategic plan to protect your interests.

08/06/2020

Do I Have a Right to a Family Business in Divorce?
When contemplating divorce, spouses often think about the family home, financial accounts and retirement accounts. IWhen a family-owned business is involved, making sure there is fair distribution of marital assets, including the business, requires careful planning and the assistance of legal counsel.

Overview
Most states determine how to distribute property between spouses according to equitable distribution principles. These states attempt to give each spouse a “fair” share of marital assets, but they are not required to provide a 50/50 division. Other states recognize community property principles and find that property and income during the marriage is owned in equal parts by both spouses, absent an agreement to the contrary or special circumstances.

Although
divorce is often an emotional ordeal, its roots are based on a financial and legal severance of two people. As part of the divorce process, the assets the couple acquired must be divided. When a family business is at stake, both spouses may have an ownership interest in the business. If the parties are unable to work out an agreement on their own, the court will apply the relevant rules to distribute property between the spouses.
Classifying a Family Business
In order to determine ownership rights to the business, the court must determine whether the business is marital property or community proper, whichever applies. In order to classify the business, the court may evaluate a number of factors. For example, the court may look at the date the business was established, the nature of the funds used to start the business, the contributions both parties made to the business, the skillset needed to successfully run the business, the value of the business before the marriage and at the time of divorce and the change in value of the business.

The business may not be considered separate property even if it was established before the marriage. For example, if the parties mingled separate and marital funds during the marriage into the business or if the non-owner spouse quit his or her job to contribute to the business, a concept called transmutation may apply which means that personal separate property becomes marital property.

Likewise, a business acquired during the marriage may not be considered marital property if it was purchased during the marriage in some cases. For example, a family business that was inherited or received as a gift may not be marital property. Alternatively, a written agreement between the spouses may allow just one spouse to be considered the owner.

It is also possible for part of the business to be considered separate property and part of it to be considered marital property. Both spouses may not have an equal share in the business, either. Additionally, the ownership interests of other partners must also be considered.
Valuing the Business
Once the classification of the business is completed, the business may need to be valued. There are a variety of ways to determine the value of the business. One way is to estimate the value of the business by comparing it to a similar business. This is similar to looking at comparables on the real estate market. Another way to evaluate the business is to have a forensic accountant or professional appraiser review information about the business, including tax returns and financial statements in order to determine an independent value of the business. The asset approach compares the assets and liabilities of the business to determine the value. Finally, the income approach places a value on the business by looking at the cash flow of the business.

In complex cases, expert witnesses may testify about the value of the business and how that number was figured. The judge will ultimately make a decision on the value of the business. Some states allow the judge to consider the business’ good will while others do not. Good will is basically the value associated with the business’ reputation.

Once the judge determines the value of the business, he or she does not usually award the right to the non-owner spouse to run the business. Instead, this spouse is awarded his or her portion of the business’ value.

08/05/2020

Why Arbitration Is Not The Same as Mediation
It is easy to confuse arbitration with mediation. People who research divorce arbitration online through search engines generally come up with a lot of results for mediation. While both arbitration and mediation allow couples to handle divorce outside of a courtroom, the two are not identical.

Depending on the needs of a couple, one of these forms of divorce resolution may be preferable over the other. Harvard University describes how arbitration is different from mediation, which may help couples to decide which is right for them.

The Basics of Mediation

Couples who go through mediation deal with a neutral third party called a mediator. A mediator helps a couple resolve their issues in a mutual fashion.

A mediator has no power to impose
a solution. Instead, mediators facilitate talks between the spouses. Mediators may work with the spouses together or with each spouse separately. Mediators can help spouses understand their positions better but cannot provide legal advice.

The Basics of Arbitration

While a mediator cannot impose a resolution on a couple, an arbitrator may hand down a binding solution. Arbitration functions more like a court proceeding, except that it is more informal. Spouses in arbitration can negotiate what can take place in the arbitration, like the kinds of evidence each spouse can present and whether the spouses can have attorneys present.

Some spouses may want more flexibility in the decision making process and opt for mediation. In general, an arbitration decision is final and the spouses cannot appeal it.

08/04/2020

What Is Marriage Immigration Fraud?
When a marriage between a U.S> citizen and a foreign national is for the purpose of avoiding U.S. immigration law, the offenders can face fines and even prison time. These consequences apply to both the foreign national and the U.S. citizen.

The Investigation
When there is suspicion that the immigrant is not marrying someone legitimately, an investigation initiates. The agent will discuss the matter with both spouses together and separately. He or she will search through the house, speak to family and friends and attempt to determine if any fraud has occurred. The green card supplied is often revoked when the crime has been discovered through the investigation. Sometimes, an examination will commence
before the immigrant moves to the United States. If there is any clue that he or she has committed fraud, penalties charged against the offender may increase or decreased based on the factors involved.

Marriage fraud discovered through an investigation may stop a green card from processing. These foreign nationals attempt to evade the immigration laws, and when agents discover this, the visa process halts. Because marriage fraud is a serious crime, deportation and other penalties such as jail or prison sentences often arise. There are different forms of marriage fraud, and the agent assigned to the case will attempt to determine if any exist in the relationship. The procedure usually starts with a thorough analysis of the foreign national before he or she has moved to the United States.
Forms Marriage Fraud Takes
Some United States citizens are given payment by a foreign national for marriage in exchange for the green card. Others enter into these situations as a favor. Some immigrants trick the native citizen into the marriage, and the foreign person leads him or her to believe the marriage is legitimate when it is not. Other situations involve mail-order brides or husbands. These are invalid forms of relationships with both the United States citizen and the foreign national. Others include visa lottery factors. It is crucial to avoid accusations of marriage fraud so that the investigation does not commence.

Avoiding the Accusation
Proving a marriage is legitimate is necessary to keep accusations at bay. Preparation and knowledge of each spouse is critical if an agent from immigration arrives. These officers will meet with each party or with the couple to ascertain if the marriage is valid and real. Any suspicion that it is marriage fraud could lead to further action. The United States citizen may face criminal charges, and the foreign national may face deportation even if the relationship is legitimate. The marriage-based interview’s success is essential to pass suspicion and keep further accusations from arising. Often, a lawyer’s assistance is necessary to protect the rights of both spouses.

Success in the first meeting often leads to a second interview with each spouse separated. Very personal questions are part of this process, and the answers are compared with the details supplied by the other person. It is crucial to follow various tips in avoiding accusations of fraud during these processes. This requires each party to dress and arrive on time. Honest answers are necessary without any guesses. Evidence of the relationship helps the process. This includes paperwork, video and photo proof. Additional support is found through sample questions and interviews online. If all else fails, it is important to hire an immigration lawyer. A consultation into the matter may help in determining if the case needs legal support.
The Lawyer in Marriage Immigration Fraud
There are many situations where an immigration officer suspects a couple of marriage immigration fraud when the spouses are in a legitimate relationship. During these and similar circumstances, it is necessary and essential to hire an immigration lawyer. He or she will work diligently to protect each party from consequences in the matter.

08/03/2020

Child Neglect - When Is It a Crime
Neglect of a child is generally described as the failure of a parent or caregiver to provide food, shelter, clothing, medical care, or the failure to supervise a child to a degree that the child’s health, safety, and well-being are subject to harm and injury. Criminal neglect can result in the responsible adult being placed in jail or prison and the child being removed from the home.

Neglect and Abuse
There are several forms of abuse that a child may suffer from when living with abusive parents or adults. One particularly misunderstood way is through neglect. It is possible to both neglect and abuse a child at the same time through providing little or no care. The young person has little or no supervision in these circumstances. However, the parents may also not provide food, water, proper shelter or medical care when needed. This leads to
physical signs and injury after some time. When neglecting the needs of the youth, the parents could also inflict emotional or psychological trauma that requires years or decades to get over.
Neglect Injuries
Most of the injuries that will show to social workers and other authorities is that of the physical harm sustained. If the child does not receive proper nutrition, this appears through a starved look. Without proper shelter, the youth may have a weathered look or could sustain injury trying to get into a building and away from the elements. Emotional or psychological harm may appear in a distrust, a lack of touch or behavioral problems. Other neglect may appear in a lack of education or understanding basic concepts. IF the parents are not ensuring the child goes to school, this is also neglect.
Neglect Statistics
The most common form of child mistreatment in the American country is neglect. In all cases of child mistreatment, over 78 percent are due to the neglect of a youth. This is comparable to the eighteen percent of those that suffer from physical abuse and the nine percent that sustain an injury through sexual abuse. Since 2012, over 2000 different children in the United States died from the abuse and neglect that they suffer at home. Of these almost 70 percent died because of neglect. Even if the child survives, it is common for him or her to remain emotionally or psychologically stunted or in pain.
Neglect in Different Forms
There are four common forms of neglect that a child may suffer from at home. These include physical, educational, medical and emotional or psychological. The most known is the physical form where the person that is to provide standard care neglects the basic needs of food, shelter, clothes and living conditions that are sanitary. Many that suffer from this form of neglect are children in foster care, in a home or when a parent abandons the youth. Proper supervision is usually not available, and all needs could suffer without additional assistance. This can lead to criminal charges if the parent is still around.
The Criminal Aspect of Neglect
It is still with visible injury or trauma that the local law enforcement will usually charge the adult or parent taking care of a child with criminal neglect. This is apparent through threadbare clothes, with a dirty appearance, bruises, broken bones or even unkempt appearance and when the child behaves as if he or she is suffering from abuse. If the parents take the child to work instead of school, this could lead to violations of the state educational decrees. This is often against the law because children under a certain age must attend school.

Psychological and emotional neglect are still criminal when the child suffers from trauma and either provides a statement to a teacher or law enforcement. There are several behaviors that can lead law enforcement to charge a parent or caregiver with neglect and these can include when the youth suffers from humiliation, insults, emotional harm or a lack of overall affection. Ignoring the basic emotional and mental needs of the youth can lead to suffering in the current state and harm to the young person when he or she is no longer in developmental years.
Criminal Defense for Criminal Child Neglect
There are times when a teacher may contact law enforcement or when the child will lie to others where the adult or parent will face criminal child neglect charges. It is important to hire a criminal defense lawyer to refute the charges and provide evidence of giving care to the youth.

Neville Thomas

08/10/2020

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