Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Allan King
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...
Read more »

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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...
Read more »

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...
Read more »

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...
Read more »

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...
Read more »

View More Answers

3 Answers | Asked in Tax Law, Divorce and Family Law for North Carolina on
Q: I live in NC I do not work I’m a homemaker my husband and I file married joint tax returns. If we get a refund 50/50

Do we split it 50/50 or Im I not intitled to any of it.

David Allan King
David Allan King answered on May 24, 2020

Split 50/50, unless you have a separation agreement in place that dictates how to split the tax refund.

View More Answers

1 Answer | Asked in Contracts and Landlord - Tenant for North Carolina on
Q: May tenants refuse entry to landlord's vendors (for non-essential maintenance) to avoid contact with COVID-19...?

May tenants refuse landlords' requests (i.e., entry of vendors) for non-essential maintenance (i.e., issues that do NOT pose harm or a threat to habitability, and that will NOT cause further degradation to property if left until a later date) (e.g., painting walls) to avoid contact with... Read more »

David Allan King
David Allan King answered on May 18, 2020

Questions of contract law almost always come down to "well, I need to see the contract."

However, lease agreements will typically have a provision that requires allowing the owner onto the property for maintenance.

They also usually have a Force Majeure clause that...
Read more »

1 Answer | Asked in Copyright for North Carolina on
Q: I create a lamp that has the shape of a MacBook and has a logo that slightly differs than Apple's. Is this infringement?

Clearly Apple is not in the business of creating furniture such as lamps. So would I be safe?

David Allan King
David Allan King answered on May 18, 2020

The key standard for trademark law is the likelihood that consumers will be confused about who the product is coming from. Often, multiple companies with the same name can coexist because they are in different sectors. In other words, people aren't likely to think Apple got into the business... Read more »

1 Answer | Asked in Uncategorized for North Carolina on
Q: Is it legal for a 16 year old to date a 14 year old without having sex in North Carolina?

Also, is this legal without parental consent? And is this legal with touching of the genitals with clothes on so that the bare genitals aren't exposed or touched?

David Allan King
David Allan King answered on May 18, 2020

Yes. It is legal for them to date and it is legal for them to have sex.

§ 14-27.25 covers statutory rape for minors 15 years-old or younger. For it to be statutory rape, the other person must be (a) "at least 12 years old" AND (b) "at least six years older than the...
Read more »

2 Answers | Asked in Divorce for North Carolina on
Q: My daughter and 3 children live in NC. He estranged husband lives in VA. Which state does she file for divorce?
David Allan King
David Allan King answered on May 18, 2020

NC and Virginia both allow you to file for divorce in their state so long as one spouse has been a bona fide resident for at least 6 months prior to filing.

If both states are an option (each of you have lived in one of the states for more than six months), then you can either use your...
Read more »

View More Answers

3 Answers | Asked in Divorce for North Carolina on
Q: Can a signed agreement between husband and wife be valid before divorce is filed in NC?

In NC you have to separated for 12 months before your considered separated and can file divorce. My wife won’t leave home until we agree on terms. If we draft a document and sign it will it be enforceable once I file for divorce months from now? I don’t want to give her money and property only... Read more »

David Allan King
David Allan King answered on May 18, 2020

Generally yes; if the separation agreement is in writing and signed before a notary per § 52-10.1.

However, there are many factors that influence whether a court would enforce the agreement.

For example, if you do not fully disclose the extent of your assets, the spouse can claim...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.