Should I leave the house?
In North Carolina, to get a divorce, you must live separate and apart for at least a year and a day. This means that someone has to move out of the marital home. But who should move out of the house?
Usually, the party who wants to separate, and who has initiated the divorce process, is the party that moves out. Unless living with your spouse has become violent or absolutely unbearable, you really need to think before you move out. Moving out can be very expensive! Of course, divorce is expensive and someone eventually has to move out anyways.
Once you move out, not only will you be responsible for an additional mortgage or rent payments, you will have additional utility payments, transportation expenses, and additional expenses concerning any children. Consider now, for example, that you’ll also have to furnish your new residence, which may be very expensive, especially if you have to purchase additional bedroom furniture for children.
Moving out also leads to stress with your spouse about who covers what expense. The spouse who remains in the marital home, for example, will most likely still expect the spouse who moved out to contribute to the mortgage, utility bills, grocery bills, etc. This may lead to arguing and stress with your spouse.
You must also consider how you are going to deal with co-parenting now that you have two households. Divorce impacts children hard. Not only are their parents living apart now, the children are learning how to live in more than one residence. The parents are also adjusting to sharing the children and the additional responsibilities that come along with maintaining two households for their children. This can be stressful and difficult.
Additionally, you must be careful not to date before you move out. If one party hasn’t moved out of the house, the parties are not separated. If the parties are not separated, you cannot date. If you do date before one party moves out, this may affect alimony. When you are considering divorce, speak to a divorce attorney before you begin to date.
Obviously, someone has to move out in a divorce. Before you decide to move out, take time to consider the implications. This is going to affect you financially and emotionally. This will also have an extreme impact on children. Divorce is not easy. Seek a consultation with a divorce attorney before you consider moving out of the marital home. A divorce attorney will be able to give you legal advice as to how you should proceed based on your situation.
If you need legal counsel concerning divorce, please contact Adkins Law to speak to a divorce lawyer. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area.
Sexual Harassment Attorney
There is no place for sexual harassment in the workplace. In fact, in North Carolina, it is illegal to harass an applicant or employee because of their sex. Harassment may include sexual harassment, unwanted sexual advances, requests for sexual acts or favors, or other verbal or physical harassment sexual in nature.
Harassment, of course, doesn’t have to be sexual to be unlawful. You can harass someone in a multitude of ways not related to sex. A man, for example, who consistently makes rude or offensive comments towards another man in the workplace likely constitutes harassment.
While teasing, joking, or isolated comments probably don’t constitute harassment or sexual harassment, incidents that are severe or that frequently occur may be actionable. In North Carolina, harassment is unlawful when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision. An adverse employment decision may occur when someone is fired or demoted based on the harassment. The harasser may either be a supervisor, co-worker, or even a customer or client of the employer.
If you feel like you have been a victim of harassment or sexual harassment in the workplace, please contact Adkins Law to speak with an attorney regarding your situation. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area.
Picking a divorce attorney can be difficult. Like selecting a doctor, accountant, or any other type of professional, you must ensure that the relationship works for both of you. Your divorce attorney is someone that you can confide in and discuss matters honestly and completely. Thus, your divorce attorney needs to be someone you are comfortable with and someone you trust.
Referrals from friends, advertisements, and Internet searches are all good places to start looking for a divorce attorney. You should consider a few that you find and give them a call to determine their availability, pricing, and arrange a consultation. After speaking with the attorney, consider whether you’re a good fit for each other and whether the pricing seems reasonable before you hire him or her.
No one can guarantee results. This is true in any professional field. If someone tells you otherwise they are probably misleading you. You must be able to judge for yourself whether you think you and your attorney are a good match and can work together to resolve your issues.
If you would like to speak to a divorce attorney in Huntersville NC, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area. If Adkins Law is unable to assist you, we will help you find the best divorce attorney for your needs.
Mecklenburg County Courtroom 1130
Did you receive a citation to appear in Mecklenburg County Courtroom 1130? Courtroom 1130, also referred to as first appearance court, is an administrative criminal court that handles misdemeanor and traffic cases. There are no trials held in this courtroom. Instead, this is where many cases are handled before they are required to go to district court.
To handle the high volume of misdemeanor and traffic cases in Mecklenburg County, the state attempts to do the following in courtroom 1130:
1. Reduce traffic tickets at the discretion of an assistant district attorney
2. Accept pleas of guilty
3. Set trial dates when the defendant pleads not guilty
4. Advises defendants of their rights to a court appoint attorney
5. Provides defendants with options for enrollment in diversion programs such as defensive driving school, drug education school, deferred prosecution, worthless check program, and the dispute settlement program.
If you have received a citation and are required to appear in courtroom 1130, it is highly advisable that you seek the assistance of a criminal defense attorney. If you would like to schedule a free consultation with a criminal defense attorney, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the greater Charlotte area.
Divorce can lead to the worst in people. One dirty divorce strategy is conflicting out attorneys to prevent your spouse from retaining representation. Typically, this is done by scheduling consultations with several reputable divorce attorneys and sharing confidential information with them. Once a certain amount of confidential information is shared with the attorney, an attorney-client relationship is formed, which prevents the attorney from representing the other spouse.
Consider this situation, for example: John and Jane live in a small town and decide they are going to separate and seek a divorce. In this town, it is well know that Mike, Tim, and Sam are the most reputable divorce attorneys. John seeks consultations with Mike, Tim, and Sam and shares confidential information with all of them. John then decides to hire Mike as his attorney. Jane is now prevented from hiring Tim or Sam. Instead, Jane must either seek a less reputable attorney or seek an attorney from a different town. Although John could have legitimately been seeking the best attorney possible, he could also have been seeking to prevent Jane from hiring a reputable attorney.
While this is easier to do in a small town, it is also easy to do with the most reputable divorce attorneys in any location. If you believe your spouse is attempting to do this, you need to take steps quickly to find and hire a reputable divorce attorney.
If you need legal counsel concerning a divorce, contact Adkins Law to schedule a consultation with a divorce attorney. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area.
My Spouse Cheated on Me
Infidelity is one of the leading causes of divorce. In most cases, when a spouse cheats the damage has been done and the relationship cannot be healed. Before you consider divorce, however, especially if there are children involved, I highly recommend that you make an attempt at marriage counseling. Marriage counseling may or may not work, but at least you made an attempt at preserving the relationship.
From a legal perspective, infidelity may have a big impact on a divorce. Primarily this comes into play when determining alimony. In North Carolina, alimony may be awarded when there is a dependent / supporting relationship. This basically means that one spouse is dependent on the other spouse’s income to maintain a certain standard of living. If there is a dependent / supporting relationship and the dependent spouse has cheated, the dependent spouse is barred from alimony. If, however, the supporting spouse has cheated, the dependent spouse is virtually guaranteed alimony.
Infidelity also comes into play if an injured spouse is considering a heart balm action. In North Carolina, heart balm actions are designed to protect the sanctity of marriage and the family unit. An injured spouse may bring a lawsuit against the third party that either alienated their relationship with their spouse, or had sexual relations with their spouse. In other words, if a spouse cheats, the injured spouse may sue the person who had sex with the spouse. There are several limitations to these types of suits, however, including the fact that the actions must have occurred before the separation.
If you believe your spouse has cheated on you and you are considering divorce or legal action, please contact Adkins Law to speak to a divorce attorney. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area.
Divorce can get messy, especially when money and children are involved. One popular divorce trick is hiding income. Hiding income may potentially lead to a reduction in child support and alimony.
When a couple divorces, alimony may be granted if there is a supporting / dependent relationship. This basically means that one spouse makes a lot more money than the other spouse. If alimony is awarded, the award will be based on a number of factors, including the amount of money the supporting spouse makes. In order for the supporting spouse to reduce his or her alimony payments, they may purposely divert money from their paycheck somewhere else or purposely quit or change their employment status. If the supporting spouse can show that this was done for legitimate reasons, they may not be required to pay as much in child support or alimony. The dependent spouse has to prove that the supporting spouse is purposely hiding income in order to have a successful action.
If you are considering divorce, schedule a consultation with a divorce attorney. A divorce attorney can help you review your situation, explain divorce law, and help you determine whether your spouse may be hiding income. If you would like to schedule a consultation with a divorce attorney in Lake Norman, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area. Contact Adkins Law if you need to speak with an experienced Huntersville divorce attorney.
Divorce Attorney in Lake Norman
Do I need an attorney to get a divorce? No, you don’t need an attorney to get a divorce. You really don’t need an attorney to do anything. You can proceed in handling your divorce pro se, meaning on your on.
Should I hire an attorney to get a divorce? Yes, in almost all situations you should hire an attorney to assist you with your divorce. Unless you have already lived separate and apart for several years and simply need to file the paperwork, there are a lot of issues that come up when a married couple separates. Several claims such as alimony and equitable distribution must be made before the divorce is finalized or they are lost forever. A divorce attorney in Lake Norman can help review the specific circumstances of your case, help you understand the laws regarding your situation, and help you develop a plan for moving forward.
How do I hire a divorce attorney? You need to do your research. I would recommend using the Internet to find several divorce attorneys in your area. Once you find some, review their websites to determine if you would be a good fit. I would then call the divorce attorney to discuss scheduling a consultation and fees. Once you have a consultation with the divorce attorney, you should have a better idea of how you need to proceed and whether you want to hire that divorce attorney to handle your divorce.
If you need divorce legal advice would like to speak to a divorce attorney in Lake Norman, please contact Adkins Law PLLC. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area.
How do I get a divorce?
In North Carolina, the most common way for a couple to get a divorce is to live separate and apart continuously for one year and a day. During this time period, the couple cannot reconcile and must live in different residences. Additionally, either the husband or the wife must have lived in North Carolina for at least six months.
After the separation period has passed, either party may file for the divorce. Both parties don’t have to agree to it. Before the divorce is finalized, claims for alimony and property division must be made or they are barred.
North Carolina is a no-fault jurisdiction for divorce. This means that neither party has to prove marital fault to file for divorce. Instead, all that is required is that one party live the statutory period in the state, that the parties live apart for more than a year, and that the appropriate paperwork is filed.
Divorce is emotionally and financially difficult. Although you can and may file for divorce on your on, it is recommended that you at least consult with a divorce attorney. A divorce attorney may provide you with legal advice concerning divorce and any claims that need to be filed before the divorce is finalized.
If you wish to speak to legal counsel regarding getting a divorce, please contact Adkins Law to schedule a consultation with a divorce attorney. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.
Underage Drinking Ticket
An underage drinking ticket in Mecklenburg County may have serious implications on your future. A police officer may issue a drinking ticket to an underage person if they have probable cause that the underage person has any amount of alcohol in their system, no matter how little.
Typically, the officer will administer an Alcosensor breath test to the teenager. This instrument is able to give the officer a reading of how much, if any, alcohol is in the teenager’s system. Any positive results on the Alcosensor may be enough is issue a drinking citation to a teenager.
Even if the police officer doesn’t use an Alcosensor, all the police officer needs to establish probable cause is observation. If the police officer can testify that a teenager appeared to be under the influence of alcohol because they were unstable on their feet, had bloodshot eyes, slurred speech, and / or the odor of alcohol on the breath and person, the police officer has enough evidence to issue a citation, or make an arrest, for underage drinking.
If you were issued a citation for underage drinking, it is highly recommended that you consult with a criminal lawyer. A lawyer may be able to negotiate a deal with the state to have your charges dismissed. Typically, a teenager charged with underage drinking is eligible to complete a drug education school to receive this dismissal. A lawyer will be able to appear in court on your behalf and negotiate this without you ever having to go to court.
Once the class has been completed and you have received a dismissal, you need to speak with your criminal attorney about obtaining an expunction. If you’re eligible, an expunction will erase all records of you having been charged with the offense. This is very important for teenagers applying to colleges and seeking jobs.
If you would like to speak with a criminal attorney concerning an underage drinking ticket in Mecklenburg County, contact Adkins Law. Adkins Law is located in Huntersville, and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.