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Questions Answered by David Allan King
2 Answers | Asked in Divorce for North Carolina on
Q: Can spouses date people when not living under the same roof?

Have not lived with husband in 5-6 yrs after discovering he was cheating. After all these years alone, I would like to date, if possible. However, am afraid to even consider, not wanting to be seen as an adulterous in court should I desire a divorce in near future.

David Allan King
David Allan King answered on Dec 20, 2021

So long as the sex/dating occurs after the "separation date", you are free to do as you please with no adverse consequences. The separation date is the day one of the spouses moved out of the marital home intending the separation be permanent (for you, that was 5-6 years ago).... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: Low income legal representation for child custody divorce response to complaints when he kicked me out with no where to
David Allan King
David Allan King answered on Nov 3, 2021

I'm not aware of any probono divorce lawyers, if that is what the question is asking about. There are pro bono programs for domestic abuse victims, but they usually stick to getting a restraining order and do not touch the divorce items.

While rare, there are some law firms that work...
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1 Answer | Asked in Child Custody, Divorce and Family Law for North Carolina on
Q: I need help responding to a complaint fir divorce and B we have only been apart 4 months and he burnt all my stuff

Lied on je preformed torts against and hot custody of my daughter snd he is not her father

David Allan King
David Allan King answered on Nov 3, 2021

This is something you need to hire a lawyer for.

1 Answer | Asked in Divorce for North Carolina on
Q: I have a copy of the free traders agreement and the register of deeds cannot use a copy.

Can I reach out to my spouse attorney to get the original document so I can record it myself.

David Allan King
David Allan King answered on Nov 3, 2021

If you also have a separation agreement in place, it will likely specify that your spouse must cooperate with anything reasonable and necessary to effectuate the terms of the agreement. If it is reasonable and necessary to file an original with the register of deeds to effectuate the terms, then... Read more »

2 Answers | Asked in Real Estate Law for North Carolina on
Q: I need know what options a house that is jointly owned with an ex-fiance now. Neither of us can buy each out

been separated for 2 years now, she continued in the house, moved in a guy and now is married. Neither one of us has established great credit and she no longer works. She is getting behind on payments and its dragging my credit down

David Allan King
David Allan King answered on Oct 29, 2021

As Ben notes, you can go to court to force a sale and split the proceeds. However, you can also just ask if your spouse will sell the house they can no longer afford voluntarily (noting that if they don't either you or the bank will evict them). If you've been separated two years, than... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: Can a previous employer refuse to mail you your last paycheck?

I have requested that my paycheck be mailed but the employer is telling me they will not mail it because they want me to come in and sign a paper stating that I received it. I asked to DocuSign it and they said no. Is this legal?

David Allan King
David Allan King answered on Oct 28, 2021

From North Carolina's Statute § 95-25.7 (the Wage and Hour Act)

Payment to separated employees.

Employees whose employment is discontinued for any reason shall be paid all wages due on or before the next regular payday either through the regular pay channels or by mail if...
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1 Answer | Asked in Employment Law for North Carolina on
Q: I need to know if I have a claim for retaliation in workplace?

My DM said I would be promoted to GM once he fired the other manager for harassment. He didn’t fire him so I filed a hr complaint and they let the harassing gm go after investigation. Now he says well we will see after I talk to a couple of others. I have the text messages leading up to this and... Read more »

David Allan King
David Allan King answered on Oct 28, 2021

There is no clear answer to this question, as it basically depends on whether a judge/jury believes you not getting the promotion was because of a good faith complaint.

1 Answer | Asked in Divorce for North Carolina on
Q: Alimony conditions.

My divorce consent order specifies I pay a set amount until 1. A specific date 2. Her vehicle is paid off. Does this imply that I have the ability to ask her for a payoff of the vehicle and pay it off early to end alimony? She lied when we added the vehicle condition, stating it was paid off prior... Read more »

David Allan King
David Allan King answered on Oct 28, 2021

We don't have much context (or a copy of the order) to be very informed on what the judge intended. However, that seems like a compelling argument to me.

1 Answer | Asked in Divorce for North Carolina on
Q: A husband and wife both have there names on a house. One day, they decide to divorce. The wife leaves and get her own

House and the husband keeps the original house with his ex wives name on the deed. My question is quite simple but slightly complicated, does the husband have to wait until the divorce process is over before renting out his house because the name of his house is still on the deed?

David Allan King
David Allan King answered on Oct 28, 2021

This is a complicated question. Most homes owned by spouses are owend by "tenants in the entirety" which means the spouses do not own a 50% interest - rather each spouse owns the entire property. You are prohibited from selling or refinancing the home without your spouse's consent,... Read more »

1 Answer | Asked in Copyright for North Carolina on
Q: If I create a logo with a crown similar but not the same as Funko will there be any legal problems?

I want to create a logo with my name and a crown

David Allan King
David Allan King answered on Oct 28, 2021

Funko does not have a monopoly over the concept of a crown. However, you may have problems if your crown is similar enough to create confusion in the marketplace as to whether you are affiliated with Funko or if it looks like a copy/paste of their art. Merely re-creating, rather than copy/pasting,... Read more »

1 Answer | Asked in Child Custody for North Carolina on
Q: Can the father of my child get joint custody after 8 years of not being In her life
David Allan King
David Allan King answered on Oct 28, 2021

The court determines matters of custody based on whatever they feel is in the child's best interest under the totality of the circumstances. The father not being involved in the child's life for eight years would certainly be one factor a judge would weigh, but doesn't guarantee anything.

2 Answers | Asked in Divorce and Estate Planning for North Carolina on
Q: Divorced 2 years ago, wife awarded home in divorce -she never took the house out of my name-she died…no will. Is it stil
David Allan King
David Allan King answered on Oct 28, 2021

I would expect the executor of the estate to enforce the divorce judgment on the decedent's behalf. Typically, the executor is allowed to all things the executor would be allowed to do, were they still alive.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My husbands lawyer requested a discovery. Can I request discovery/interrogatories without a lawyer
David Allan King
David Allan King answered on Oct 10, 2021

Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.

1 Answer | Asked in Divorce for North Carolina on
Q: I am wanting to find out my options if I wanted to leave my husband. I have not worked since I believe 2014. I am trying

To get disability. I am in NC. I am wanting to know if I could get spousal support or alimony since I'm not able to work to be able to live on my own if I left.

David Allan King
David Allan King answered on Oct 10, 2021

First, a judge must determine that you are substantially financially dependent on your spouse. If the judge feels you are, they look at 16 factors to determine the duration and amount of monthly alimony payments. You can find the statute related to alimony here:... Read more »

1 Answer | Asked in Divorce and Child Custody for North Carolina on
Q: Me and my husband are separated but we don’t have any legal papers or anything. What do I need to do for a court order?

We have 3 kids together. He wants to get them every other weekend and split holidays but he doesn’t have a license so I’m not sure what to do about him getting the kids.

David Allan King
David Allan King answered on Oct 10, 2021

You have two options to formalize your custody agreement. One is a custody agreement contract. The other is a consent order from the court. Every divorce, even if no disputes are litigated, is technically a lawsuit. You'd have to start the lawsuit first (read lots of formal legal paperwork),... Read more »

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.

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