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Questions Answered by David Allan King
1 Answer | Asked in Traffic Tickets for North Carolina on
Q: Is it worth it to pay a lawyer for a traffic ticket?
David Allan King
David Allan King answered on Feb 17, 2021

It depends. Usually folks hire a lawyer if either (a) it's a major ticket like a DUI or (b) it's a minor ticket that will effect their insurance or license, because of prior strikes. If it's your first ticket, it's a minor ticket, it falls under your insurer's forgiveness... Read more »

1 Answer | Asked in Uncategorized for North Carolina on
Q: can a 16 year old(girl) and 18 year old(guy) have sex and date?
David Allan King
David Allan King answered on Feb 17, 2021

Yes, they are allowed to date and have sex, so long as it is consensual, they do not have a teacher/student relationship, North Carolina law applies, etc. In North Carolina 16 is the age of consent. Even minors younger than 16 are allowed to have consensual sex within a certain age-range (I think... Read more »

1 Answer | Asked in Child Custody and Divorce for North Carolina on
Q: How can I legally leave the USA with my son if I want to divorce my husband and want to move back to my home country ?

Im currently thinking about divorcing my husband but I’m worried that if I do he will take back his permission to move back to Germany with our son like he and I agreed on I don’t have anything in written or notarized but I’m kinda curious what rights I have and what would be important to... Read more »

David Allan King
David Allan King answered on Jan 21, 2021

In North Carolina, spousal and custody agreements have to be in writing and notarized. For custody matters, the court can ignore any agreement you make regarding custody if they feel that's in the best interests of the child. Typically, you also have to disclose all material facts (like your... Read more »

1 Answer | Asked in Libel & Slander for North Carolina on
Q: Can I sue CNN or their anchors for racist slander calling us white supremist and KKK members?

They are reporting Trump supporters are white supremist with possible ties to KKK. This is false reporting and inaccurate with no supporting evidence. Is that against the law, they are required to have facts to prove their statement? I want to sue them to prove the statement and if not to pay... Read more »

David Allan King
David Allan King answered on Jan 21, 2021

They would have to be referring to you specifically, rather than a demographic group you are a member of.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for North Carolina on
Q: I'm trying to find pro bono legal support for a friend experiencing an alcoholic/abusive husband. Location: 28117

Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.

David Allan King
David Allan King answered on Jan 21, 2021

I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.

1 Answer | Asked in Family Law and Juvenile Law for North Carolina on
Q: Are their any pro-bono attorneys in carteret county or craven county NC
David Allan King
David Allan King answered on Jan 17, 2021

I'm sure there are, but attorneys do not ordinarily do pro bono work for family law issues. Those that cannot afford an attorney are usually left to the machinations of DIY and self-service options. It might be easier to point you in the right direction with more information.

1 Answer | Asked in Divorce for Texas on
Q: I need assistance with a divorce, but can not afford it, Iam 65 Years old,not working and I am receiving Pension
David Allan King
David Allan King answered on Jan 16, 2021

Attorneys do not generally provide pro bono services for divorces. However, there are many DIY self-service type options. For example, I charge $10 on Fiverr to prepare all of the divorce filing paperwork. It prepares the documents in an automated fashion without custom legal advice and you still... Read more »

3 Answers | Asked in Divorce for North Carolina on
Q: what would an attorney advise if you are considering a divorce and wanting to move out?

My husband spoke to an attorney and wanted to understand his rights and what he would need to do to start the separation process. Could he move out and it not be considered abandonment? I guess I'm trying to find out if he would have been advised to not leave the house and to do other steps first?

David Allan King
David Allan King answered on Jan 21, 2021

Generally, it is ideal (though not necessarily common) to sign a separation agreement before moving out. Abandonment, among other things, can be used as an accusation of marital misconduct. Legitimate claims of abandonment are rare, but the fear of abandonment claims is more common.

To join...
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1 Answer | Asked in Contracts and Construction Law for North Carolina on
Q: Hi, I entered into an agreement to purchase a modular with a stick built roof from a local GC. They initially requested

They requested a deposit of $1000 and in the agreement it says I agree to buy a home. The salesman told me this locks in my material costs for 30days. I hadn't closed on my existing home sale at the time and he told me not to worry everything would get going within 30 days. Lender he... Read more »

David Allan King
David Allan King answered on Oct 28, 2020

It's difficult to say without doing a full consultation that includes reading the contract and getting more information. However, as a general matter, a successful breach of contract claim will include the cost of lost profits. This is because the court is trying to put the plaintiff in the... Read more »

2 Answers | Asked in Family Law for North Carolina on
Q: I am 15 earning over $85k/year post tax. Can I move out at 17 with parental consent?

Yes, I know this may seem like a BS question but I swear I'm not lying. Through a streak of luck, I've managed to place myself in a position where I can own a software company that nets over half a million annually, while taking a ~20% cut. I do not want to file for emancipation if possible.

David Allan King
David Allan King answered on Oct 28, 2020

I may have a different perspective as more of a business attorney. I imagine it being difficult to run a business of that size when you don't have the right to sign binding business contracts as a minor; rights that are granted upon emancipation.

In fact, quite a few difficulties come...
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3 Answers | Asked in Divorce and Family Law for North Carolina on
Q: if i bought my home with my inheritance, is my husband entitled to half? I'm the only one on the deed.
David Allan King
David Allan King answered on Sep 20, 2020

The other two attorneys are correct. Your spouse generally should not have a claim to your inheritance, even if that inheritance was converted from money to a home, however may have a claim to contributions made during the marriage.

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2 Answers | Asked in Divorce, Domestic Violence and Family Law for North Carolina on
Q: My Ex has recently been arrested & I'm wanting to divorce him but it hasn't been a complete year yet can i say it has?

I have a past with him with domestic violence and he cheated on me all the time I finally found a amazing man that treats me the way a women should be treated......

Could I divorce in any faster even though it's not been a complete year but it's been a little over six months as... Read more »

David Allan King
David Allan King answered on Sep 20, 2020

It is very common but not recommended.

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1 Answer | Asked in Business Law for North Carolina on
Q: Can a minor form a business? If so how? And what restrictions do they have?
David Allan King
David Allan King answered on Aug 23, 2020

This is a complicated question in terms of child labor laws, contracts with minors, etc. that may depend on the circumstances and age. However, I am not familiar with any general prohibition against young business owners or age requirements to create an LLC.

1 Answer | Asked in Business Formation for North Carolina on
Q: My HOA filed articles of incorporation with the NC Secretary of State in 1975.

We never acquired an employer id number (EIN) from the IRS. We have never filed a tax return. Are we a valid corporation? Are we a valid HOA? Can the NC SoS revoke our charter? What would that mean vis-a-vis the validity of the corporation?

The age of the HOA means that it does not... Read more »

David Allan King
David Allan King answered on Aug 23, 2020

Presuming you formed an LLC with your articles of incorporation, you were required to file an annual report and pay a fee each year. If you fail to file an annual report, the state can dissolve your LLC under § 57D-6-06. You can verify whether the LLC has been dissolved on the Secretary of State... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: would screenshots of my spouse's texts with another man be enough to avoid alimony in a divorce?

I have screenshots of text messages between my wife and another man that show that their relationship is more than just friendship.

David Allan King
David Allan King answered on Aug 23, 2020

In North Carolina, alimony is awarded based on a "totality of the circumstances" test. Cheating (or baseless accusations of cheating) are one of the factors the judge considers, especially in determining the amount. However, your spouse is not legally-barred from pursuing alimony as a... Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: Can my husband go to jail? I received divorce papers from him, we live together & he says we have been separated 1 year.

We have been living together as husband and wife, in the same house as a married couple. I was served with divorce papers, out of the blue, for an absolute divorce. It states we have been separated for one year and we have not. We were married in 2013 and have been together on and off. However... Read more »

David Allan King
David Allan King answered on Aug 23, 2020

You can't put your husband behind bars in a civil lawsuit, as only the government can pursue criminal matters. The police are unlikely to show up and cuff him. It's actually very common for people to lie about the separation date, even if - in theory - there can be serious consequences.... Read more »

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1 Answer | Asked in Divorce for North Carolina on
Q: Can his lawyer change signed separation papers to divorce papers without both parties consent?

We both signed a separation agreement in May of this year. The document was supposed to be filed in June. I found out a few weeks ago that the document was not going to be filed until the end of this month and that his lawyer is filing divorce papers. He also recently reported the tags on my car... Read more »

David Allan King
David Allan King answered on Aug 10, 2020

Separation agreements are private contracts that are generally enforceable once signed and notarized. They do not always need to be filed with a court.

"Divorce papers" typically refers to the Complaint and Summons, two legal documents that must be filed with the court and served...
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1 Answer | Asked in Contracts for North Carolina on
Q: Wedding was cancelled due to covidWedding venue does not want to refund money from Covid-19 is there anything we can do?
David Allan King
David Allan King answered on Jun 23, 2020

The contract you signed may have a "force majeure" clause that explains what extraordinary circumstances void the contract. If the contract has no such clause, you may still argue:

- Frustration of purpose: when the purpose of the contract (for you) is destroyed by unforeseeable...
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1 Answer | Asked in Criminal Law for North Carolina on
Q: Can i drop charges i recently filed against someone? who would i need to get in contact with to do so if possible?
David Allan King
David Allan King answered on Jun 23, 2020

"Charges" is a criminal law concept. Only the government can press charges.

If what you mean is that you filed a lawsuit in civil court, you can file a withdrawal.

If you really did mean charges, and you are the alleged victim of the crime, you can contact the prosecutor...
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2 Answers | Asked in Divorce for North Carolina on
Q: Trying to file an uncontested divorce in NC how much does it cost
David Allan King
David Allan King answered on Jun 1, 2020

$225 in filing fees charged by the court. $400-$600 in legal fees charged by a lawyer (if you hire someone). Plus a few other minor expenses, such as certified mail for service of process.

Even if both spouses are cooperating, you may want a separation agreement documenting the financial...
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