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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... View More
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... View More
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... View More
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... View More
answered on Jan 21, 2021
They would have to be referring to you specifically, rather than a demographic group you are a member of.
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.
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.
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.
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... View More
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?
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... View More
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... View More
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... View More
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.
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... View More
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.
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... View More
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.
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... View More
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... View More
I have screenshots of text messages between my wife and another man that show that their relationship is more than just friendship.
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... View More
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... View More
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.... View More
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... View More
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... View More
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... View More
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... View More
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... View More
Do we split it 50/50 or Im I not intitled to any of it.
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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