Do I need an attorney for a separation agreement?

These days you can find forms for all sorts of legal matters, particularly divorce and separation agreements. Many people try to use the fill in the blank agreements purporting to handle their property and debts, deal with alimony, child custody, and the child support issues.

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Emergency Custody

emergency-custody-picIt is an unfortunate reality that many parents face situations or circumstances that they feel need the Court’s immediate attention to ensure the safety of their children.  When such situations arise, a parent may need to seek emergency custody of their child. 

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Buckle Up

North Carolina’s seat belt laws have changed a few times over the last couple of decades. Regardless of age, if you are the driver or just a back seat passenger, North Carolina law now requires every occupant in a vehicle to buckbuckle-uple-up. However, a police officer must have reasonable suspicion to stop a vehicle and a back seat passenger not wearing a seat belt is not justification to stop a vehicle.

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Mediation vs. Arbitration – What’s the Difference?

“In most lawsuits in North Carolina the parties, and most often their attorneys, will be required to participate in Alternative Dispute Resolution (ADR). The most common ADR procedure is mediation, but the parties can choose arbitration. What is the difference between the two and how does it affect you?

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Holding Title to Your Home

You have recently gotten married and the two of you want to buy a new home. How should you hold title to what will likely be your biggest asset?Tenants by Entireties

There are several ways to hold your title such as: Tenants in Common, Joint Tenants and Tenants by the Entireties. There is no one right way and you should consult with an attorney before taking or changing title. This discussion is only about Tenants by the Entireties.

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What is Custody Mediation?

      Divorce-Mediation-Long-Island-Co-Parenting  Whenever a lawsuit is filed to establish custody, or a motion is filed to modify an existing custody order, the parties are ordered to attend Child Custody Mediation.  There are certain circumstances which may exempt the parties from mediation; however, generally speaking, custody mediation is mandatory.

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DWI – NC 30 Day Civil Revocation

Traffic Stop          In North Carolina, when you are charged with Driving While Impaired your license will be taken by the charging officer and automatically revoked for 30 days. The license is turned into the Clerk of Court where you can retrieve it after meeting the statutory requirements. However, you may be eligible for a Limited Driving Privilege which allows you to get back on the road during the revocation period. To be considered for a Limited Driving Privilege, you must meet certain requirements which our attorneys can help walk you through.

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It’s Tax Time & You’re Divorced

How do you determine who receives the dependency exemption for the children?

          To claim the dependency exemption the parents must be divorced or separated, have a separation agreement or have lived apart during the last six months of the year. Generally only the custodial parent may claim the dependency exemption. Custody is determined by the number of overnights slept in the home of a parent. The parent having custody for a greater portion of the year is considered the custodial parent.

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Do you need a Real Estate Lawyer?

Real Estate LawyersWHY DO YOU NEED AN ATTORNEY FOR A REAL ESTATE TRANSACTION?

Buying or selling a home may end up being the most significant financial transaction you ever engage in, one that affects all aspects of your life.  You likely don’t know all things you need to know to protect yourself.  That’s why it’s best to have a qualified real estate lawyer help you through the process.

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Do I Need an Attorney to Start a Business?

Business Lawyer in Monroe NC

You should consult with an attorney prior to starting your business.  Many business owners are able to fill out the forms provided by the North Carolina Secretary of State to start a business without an attorney, but you need an attorney to explain what types of documents and steps are necessary to allow your business to stand up in a court of law.   Most people decide to start a company and go to the NC Secretary of State website and choose an entity that their friends mentioned.  There are various reasons why one business entity would be better for you than another.  You should consult an accountant to choose the best entity for tax purposes.  Business owners desire to avoid personal liability in case something goes wrong with the business.  An attorney can walk you through the steps to protect yourself as much as possible from having your personal assets exposed to potential lawsuits.  Unfortunately, business owners think this will never happen to them.

Once a lawsuit is filed or is looming, options are much more limited.  Initial planning using the advice of an attorney can make all the difference.  Do not wait until a lawsuit is filed to schedule an appointment to protect your personal assets.  There are requirements that have to be followed to prevent creditors and plaintiffs from “piercing the corporate veil” and reaching your personal assets.  It is not enough to simply form the LLC or Corporation.  Courts may determine that the requirements were not followed and rule that a business owner’s personal assets are at risk. Good planning starts before the trouble begins.