January 24, 2017Fighting Back – Self Defense in North Carolina
With so much in the news in the past few years about rioting, killings, school shootings, and bullies, it may have crossed your mind to begin arming yourself more than previously, and hopefully along with your new ammunition is the law with it. It’s a common understanding that self-defense is a justification for harm (more…)
January 12, 2017Ambiguity of Payments Toward Debt in North Carolina Divorce
It isn’t always clear where a debt comes from, or where payments come from, and Cushman v. Cushman, 781 S.E.2d 499 (N.C. App., 2016) earlier in 2016 explains: …given that it was defendant’s burden to produce evidence on this issue, we will not remand for the taking of additional evidence. This Court has long held (more…)
January 10, 2017Refinancing Joint Loans During Divorce in North Carolina
The Statute suggests that marital debt should be obvious, but do not forget the words “for the joint benefit of the husband and wife”, the Court of Appeals recently made that phrase a lot harder burden than we thought, see in Comstock v. Comstock, 771 S.E.2d 602 (N.C. App., 2015) Home Equity Line of (more…)
January 5, 2017How North Carolina Deals with Loans in Divorce
In Bodie v. Bodie, 727 S.E.2d 11 (N.C. App., 2012), the Equitable Distribution case for loans is discussed in detail. While most Equitable Distribution affidavits simply subtract the loan from the cars value, this case explains a more clearly defined step process that should be taken. N.C. Gen.Stat. § 50–20(a) provides that, in an equitable (more…)
January 3, 2017Who takes Student Loan Debt in a North Carolina Divorce?
Student loans are always a difficult subject. In these cases, one party has sacrifice while the other goes on to obtain a professional degree—only to leave the sacrificing party once obtaining it. Warren v. Warren, 773 S.E.2d 135 (N.C. App., 2015) deals with this very point. While the following description goes on for some time, (more…)
January 1, 2017What is “Capacity” to Sign Estate Planning Documents?
Estate planning documents can lead to all sorts of issues among those left behind. Occasionally, somebody isn’t happy with what they received according to the will or trust that the deceased created prior to their death. And some folks just want to cause issues with family members they don’t deem worthy of the assets they (more…)
December 29, 2016Debt in the North Carolina Divorce – Who takes it?
The practice of law often feels like you are parachuting into a war zone with shots being fired from both sides. Family Law makes that war zone a civil war with no clear sides and lots of fog. This entire CLE is trying to set a few check-lists for you before you plunge into that (more…)
December 22, 2016New Case Law on Aggravating Factors in DWI Cases
In Driving While Impaired (“DWI”) charges in North Carolina, the Court considers various aggravating and mitigating factors to determine how the Defendant is to be punished. The Court assigns five different levels of DWI offenders with Level A1 being the most serious and Level 5 being the least. One such aggravating factor is whether or (more…)
December 20, 2016What to expect after you are arrested for a crime
After you are arrested on a criminal charge, you are always guaranteed the right to have a first appearance before a judge or a magistrate. The specifics of the first appearance are determined by the type of crime with which you are charged (i.e. felony vs. misdemeanor),, and whether or not you were arrested pursuant (more…)
December 15, 2016Transparency of Work at King Law- What Does the Attorney Do For You?
Have you ever wondered what a lawyer really does while working on your file? Have you ever received a bill showing how much you owed, but nothing explaining why you owe it? Here at King Law Offices, PLLC, we are very transparent. I love this about our law firm and I have never heard a (more…)