In North Carolina, the types of debts that are generally not discharged include, but are not limited to, student loans, marital or domestic obligations (such as alimony or child support), some tax obligations, criminal restitution, debt that was incurred through fraud. Nonetheless, it is important to note that, though student loans are considered generally not dischargeable, they can be! For instance, if you owe on private student loans, there is a three-year statute of limitations. This means that if you have been in default on your private student loans for three or more years, your private student loan lender can no longer sue you to try and enforce the debt.
Child Custody and Visitation
The most common example of a family law attorney is one that helps a parent get custody of their children. While child custody is a major family law consideration, it does not begin or end there for most people. Prior to a divorce or even a separation, a family law attorney will help guide you through what is necessary to prepare for the road ahead. Family law attorneys ensure that their clients are taking all the necessary steps to protect themselves. They often are a lifeline for clients going through the most difficult experience in their life. Family law attorneys negotiate separation agreements and send important separation notices to adverse parties. Most importantly, they help ensure their clients are treated fairly throughout the process.
Guardianship
Ashley’s primary practice areas are Estate Planning and Administration and Guardian ad Litem representation. She is also currently sworn in to serve as a Public Guardian and Public Administrator for Transylvania County for Estates and Guardianships through January 30th, 2027.
Spousal Support
As for actions in family law cases, attorneys can seek alimony, post-separation support, child custody, equitable distribution, domestic violence protective orders and civil no-contact orders. There are more, less common remedies in family law cases, such as constructive trusts, resulting trusts, alienation of affection, and criminal conversation. And even less common actions such as fraud.
An experienced criminal defense attorney can explain your rights in every stage of the complex criminal process and can make the difference between a reduced plea bargain or dismissal and a jail sentence. Such an attorney can fight to protect your rights and to secure your best possible outcome. We help you understand the nature of your charges, possible defenses, possible plea bargains and what is expected following a trial or following a conviction.
Juvenile Crimes
Brian graduated from the University of Cincinnati College of Law in May, 1998, and was licensed to practice law in Ohio in November, 1998. After receiving his license, Brian ran a solo law practice in the Cincinnati area for many years, serving clients in Hamilton, Clermont, Warren, and Butler Counties in southwest Ohio. Brian's practice was primarily criminal defense, divorces and dissolutions, and juvenile law, including delinquency, dependency, custody, and child support cases in the Ohio Juvenile Courts.
The startup and small business marketplace is still a new and fierce frontier that requires legal advice from attorneys who are deeply entrenched in the particularities of venture financing. Our firm gives you a holistic approach, so your company can get the best competitive advantage.
Intellectual Property
Doug went on to obtain his Juris Doctor from Campbell University School of Law. His main focus during law school was becoming a better oral advocate, while taking a special interest in intellectual property law.
Below is an overview of the basics of every real estate transaction and should answer most general questions from why you will need an attorney to what goes into a title search. Please view our blog for more in-depth information regarding real property law.
Salt the facts, the law will keep. Make notes, take photos of your injuries, keep a journal, and maintain daily records of everything following the accident. This is the most crucial advice you will ever receive. The personal injury recovery can be a long, tiring process. But, it will not be made any easier if you are not able to prove your case to either an adjuster, an attorney, or a jury if it goes to trial. The law will always be there, it is the evidence that needs preservation.
The importance of estate planning is to benefit your heirs and beneficiaries, both human and animal, should something happen to you!
Wills
North Carolina is one of very few states that offers “Living Probate”. Living Probate allows a testator to judicially validate their Last Will and Testament during their lifetime to prevent issues from arising after their death. Unhappy heirs or beneficiaries who did not inherit as much as they felt entitled too, or were disinherited altogether, often caveat the Last Will and Testament of the deceased. A caveat proceeding puts your family through a lot of stress during a time they are grieving your loss. Defending a caveat can also be financially burdensome on your family and estate. Living Probate is a way to protect your family and estate from any potential caveators.
Trusts
What if you have a child or adult family member with special needs? A Special Needs Trust will allow you to protect assets for their benefit. Those assets are able to be used to meet the needs of the person with a disability that are in excess of governmental benefits they may be receiving. This type of Trust operates without causing the disabled person to lose their benefits while having those additional assets as a resource.
Power of Attorney
Estate planning does not just involve the disposition of assets, however. Handling your affairs if you are unable or assigning the responsibility to make medical decisions to another is also estate planning. Durable powers of attorney designate an agent (someone operating on your behalf) to assist in handling your bank account, car payments, and other financial needs. Health care powers of attorney designate an agent to make medical decisions when you are unable to communicate those due to lack of consciousness or lack of capacity. There are not only state laws that speak to what makes these documents effective and enforceable, there are hundreds upon hundreds of cases that fill in the gaps that the codified law leaves.
Do you find yourself in a financial bind with a lot of debt? Are you falling behind on paying your bills? A Chapter 7 bankruptcy may be a solution for you. A Chapter 7 bankruptcy can clear away, or discharge, your unsecured debts, with a few exceptions.