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Questions Answered by David Allan King
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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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.

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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...
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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...
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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...
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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...
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