July 29, 2013Locating Hidden Assets
This blog post is part of a Continuing Legal Education (CLE) Presentation by Brian King. Divorce is never easy and most often stimulates a world of emotions such as fear, resentment, or anger. Some spouses attempt to cope with these emotions by hiding their assets. A spouse may undervalue items when listing them for equitable distribution purposes. Other (more…)
July 24, 2013To Plea or Not to Plea?
Jail or a suspended sentence does not require much thought for most people. However, many people do not realize the future ramifications of accepting a plea offer, while others have a better understanding than the attorneys representing them. With a plea bargain the lawyer will speak to the District Attorney prior to the case being (more…)
July 19, 2013Are You Eligible for an Expunction of Your Criminal Record?
UPDATE: The Law Regarding Expunctions Has Recently Changed. Please Click Here For Updated Info. Expunctions in North Carolina are actually a fairly complex area of the law. This is especially unfortunate given today’s connected world. Essentially, even things that were charges decades ago can be found in a North Carolina background check. Those charges, even if (more…)
July 14, 2013Can I Stop Paying Child Support?
I pay child support, but my Ex will not let me see the kids – Can I stop paying child support until she lets me visit with my children? Oftentimes, this question comes up in family law custody cases when parties are not communicating well, getting along and therefore decide to use the children as pawns. The (more…)
July 9, 2013Summary Administration of an Estate
The North Carolina General Statutes provide for a more simplified and streamlined process for estate administration when the surviving spouse is the sole beneficiary of the deceased spouse’s estate. This option for estate administration is found in North Carolina General Statutes Chapter 28A and is known as summary administration. To qualify for summary administration of an (more…)
June 24, 2013What South Carolina Corporate Entity Should I Choose?
Looking to start a business? Like most new (or even experienced) entrepreneurs your goal is to maximize profit. The first step to maximizing profit is finding the right South Carolina corporate entity to fit your business. There are many types of South Carolina corporate entities which include a South Carolina LLC, A South Carolina Corporation (more…)
June 20, 2013Obtaining and Collecting Judgments
You’ve are being sued by a credit card company and that creditor is about to get a judgment against you. What does it mean? First, there are specific affirmative defenses that can be made to the court regardless if money is owed or not. Before communicating with the credit card company or its’ attorney or (more…)
June 11, 2013Divorce versus Separation
I spoke with a person the other day that had questions about family law. He and his wife had recently separated, and his wife had gone to see an attorney. She was asking him questions about property, bank accounts, etc. Amidst all of this, he says to me that it is like “she is going (more…)
June 3, 2013Business Fraud
Business fraud is a common occurrence in today’s society and something business owners should always be aware of. Contracts Restatement Section 162 outlines fraudulent misrepresentation in general. Simply put, business fraud occurs when a person intentionally misrepresents facts in order to induce another into a business agreement. One party asserts an untrue fact that is (more…)
May 23, 2013Child Name Change in South Carolina
There are many parents in South Carolina who wish to change the last name of their minor children. Several reasons for desiring a child name change in South Carolina include: an unmarried parent who wants the child’s birth name changed to that of either parent; a divorced parent wanting to change the name of their (more…)