The attorney also has experience in the following general practice areas:

wills and estate planning, contracts, business law, traffic/criminal, divorce, child and family related issues, spousal support, separation agreements, prenuptial agreements, child custody, domestic violence restraining orders, name changes, real estate closings and refinances and accidents.

WILLS AND ESTATE PLANNING

North Carolina law provides how your property will be distributed upon death. Normally, the property is divided between your spouse and children. If you would like to distribute your property in a way that deviates from what the law proscribes, you need a will. For instance, if you would like to disinherit your children, or reduce the distribution to be made to a spouse, you need a will. Also, having a will allows you to provide for your minor children in the event of your death. One way to provide for them is to create a trust. The trust would appoint a trustee whose role would be to invest and manage your money and distribute it to your children according to your instructions as stated in your will. Another way to protect your children is to appoint a guardian for your children in your will. This will let the court know who should be the guardian of your children in the event you were to die.

In addition to having a will, many people also choose to have a power of attorney and a living will. The power of attorney comes into play if you ever become incompetent or are declared incompetent. It gives someone else the right to make legally binding decisions for you. Many people who become ill and unstable choose to have one. The living will comes into play if you fall in a coma or enter a vegetative state, and the Doctor deems it unlikely that you will ever come out of this state. This document gives someone else the right to decide whether to end your life. In a situation like this, the Doctor has no authority to pull the plug. The only one who would have the authority is someone you designate.

 

CONTRACTS

It is always a good practice to reduce your agreements to writing. Sometimes, the law requires agreements to be in writing if they are to enforceable. Keep in mind that a contract may be unenforceable for many reasons, including material misrepresentation, lack of consideration, illegality, duress, and unconscionability, among others.

Laborers or material men who work on houses and who are not paid according to contract should file a lien on the house immediately. Time is of the essence in this situation.

BUSINESS LAW

If an organization is set up with a charitable, altruistic, or educational purpose, it may tax-exempt. The business cannot be for profit. As a nonprofit organization, you will still need a charter and bylaws.

For profit businesses can take on many forms. There is the sole proprietorship, limited or general partnership, the corporation C, the corporation S and the limited liability company, to name a few. We can help you figure out which form is appropriate. Furthermore, we can help you draft the necessary legal documents.

TRAFFIC and CRIMINAL

It is rarely in your best interests to pay the traffic ticket or plead guilty as charged. We may be able to persuade the District Attorney to give you a deal, which can mean less points on your license, insurance and the preservation of your driving privilege.

Allowing us to represent you in a traffic matter may mean that you will not have to come to court. For some traffic tickets, you may not even need to come to our office.

In addition to helping you with traffic tickets, we can help you with criminal matters such as petty theft charges, trespass, assault, drug charges and other misdemeanors and felonies.

DIVORCE

In North Carolina you may obtain a divorce from your spouse one year and a day after your separation from him or her. Furthermore, in North Carolina, you have to ask for equitable distribution before a divorce is granted; otherwise you forever lose your right. When you ask for equitable distribution, you are asking the court to give you half the marital property. Marital property is property acquired after marriage but before separation.

Allowing us to represent you may mean that you will not have to go to court to obtain your divorce. Furthermore, we may be able to help you to secure marital property.

 

CHILD SUPPORT/SPOUSAL SUPPORT

You have a right to force the biological mother or father of your children to pay child support. There are criminal and civil penalties for not paying child support.

TThe amount of child support is based on the income of the parents and the particular custody arrangement in place.

We can help you obtain the proper amount of child support as well as ensure that it is paid. The court may charge attorney fees against the delinquent party, which means you may not have to pay for our service.

When a couple separates, the "dependent" spouse has a right to ask the "supporting" spouse for support. The court usually awards post-separation support for a year. We can help you obtain the amount that you need. The court may also award you reasonable attorney fees, which means you may not have to pay for our service.

Also, if your spouse has cheated on you and you can prove it, the court will award you alimony. Alimony may be paid to you over a course of years.

SEPARATION AGREEMENTS

Sometimes a couple would like to separate and distribute property without going to court. Typically, a party will present a separation agreement to the other party and the agreement is changed/modified until both parties agree. We can draft an appropriate agreement for you and aid you in the negotiating process.

PRENUPTIAL AGREEMENTS

Normally, a spouse has rights to your property. First, the spouse can take against a will, so that you cannot effectively disinherit your spouse, and second, a spouse can ask for equitable distribution. If you and your spouse want to keep your finances separate, you may do so by signing an agreement before your marriage. We can advise you in this process and draft the proper agreement.

CHILD CUSTODY

You have a right to have custody of your child if you are a biological parent. We can help you institute the necessary legal proceedings so you can obtain primary custody, visitation, or joint custody.

A court may order payment of reasonable attorneys' fees to any interested party acting in good faith who has insufficient mean to defray the expenses of the lawsuit.

You should know that a custody and child support order may be enforced abroad.

DOMESTIC VIOLENCE RESTRAINING ORDERS

If you live in fear of being battered or hurt by someone of the opposite sex with whom you live or have lived, you should consider obtaining a restraining order.

A court will usually order a person to stay away for up to a year. Violating a restraining order is a serious offense and may lead to incarceration.

We may be able to help you obtain a restraining order. As such, the court may order the person to stay away from you and your home.

NAME CHANGES

By law, you have the right to change your name once, for good cause. Many people change their name to avoid discrimination, or because their name is too hard to pronounce.

Legally, you can use another name that is not yours, even if you do not obtain a formal name change. However, in all official communications, you must use your legal name.

REAL ESTATE CLOSINGS AND REFINANCES

When purchasing real property, the buyer typically contracts an attorney to conduct the title search to assure that the seller is truly the lawful owner of the house. We can help you with the title search and with the closing.

A current owner of a home may want to reapply for a new loan for the following reasons: To obtain cash, a lower interest rate, money to remodel or construct, as well as to remove a spouse from a mortgage following separation or divorce, and to consolidate. Usually, the borrower has three days to cancel the loan after all the documents are signed.

ACCIDENTS

If you are hurt at work, we may be able to recover damages from your employer. These damages may include medical bills, time lost from work, pain and suffering and future damages based on diminished capacity to work.

If you are in a car accident and it is not your fault, we may be able to help you recover damages for medical bills, lost time from work, and pain and suffering.

If one of your loved ones died at work or in an accident, which was not their fault, we may be able to help you recover damages as well.

If you or one of your loved ones is a victim of medical malpractice, we may be able to help you recover damages. Medical malpractice occurs when a Doctor does not do what other Doctors would do in the situation and it leads to damages.

Typically, you do not have to pay an attorney to work on accident cases unless the attorney wins. Then the attorney usually keeps one third of the amount of damages that is recovered.