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Specifics of international private law.

We understand that each of our clients have unique legal problems that require novel solutions.

Can I get a divorce without a lawyer?

Mecklenburg County does not require an attorney for a divorce. The self-serve center has forms individuals can fill out and apply for a divorce. It is essential to keep accurate records, store all documents and evidence in a safe place, and absolutely refrain from placing any minor children between adult issues. It is strongly advised to use the expertise of a lawyer prior to filing, as they are experienced in the law and can offer valuable legal advice while protecting your rights. In North Carolina, if a divorce is granted by the judge, all alimony claims and claims for equitable distribution are barred unless plead prior to the divorce being entered. North Carolina is a no-fault divorce state. In other words, the court is not interested in why the marriage is being dissolved. It is essential to consult with an attorney who understands the issues of alimony and equitable distribution prior to filing for a divorce.

How long do you have to be separated in NC to get a divorce?

In order to qualify for an absolute divorce in North Carolina, you must be legally separated for at least one year and a day. Legal separation occurs when one or both spouses move into a separate residence with the intent of living apart permanently. A separation agreement is not required but strongly recommended. However, having a separation agreement alone does not create a legal separation. It is not advised to remain in the same home with divided living areas, as this makes the time the separation started uncertain. A Separation Agreement and Property Settlement can address many issues in a couple's legal separation and divorce, like division of property, spousal and child support, and child custody. The advantages of creating such agreements can alleviate costly litigation.

When can I begin to date during the divorce process can?

North Carolina recognizes adultery as having sexual relations with anyone other than your spouse. According to the law, until the divorce is finalized you are still legally married. You are free to date once separated; however, you may not consummate the relationship in a sexual way. For these reasons it is strongly recommended that dating be held off until the divorce is finalized to prevent potential problems. North Carolina is one of the few states that recognizes Alienation of Affection and Criminal Conversation claims. This means injured spouses can ask a judge or jury to order the third-party lover pay compensatory damages, which are money damages based on loss of marital affection and fellowship, mental anguish, humiliation, injury to health, and/or loss of support. Innocent spouses may also request punitive damages (money damages to punish defendants for their bad actions). Once the judge signs the Divorce Judgement, you are free to remarry. It is important to maintain your privacy during this process. Social media can weigh heavily against you in a divorce and custody battle. It is the recommended to refrain completely from any social media outlets to vent frustrations or to air your dating life during the separation process.<br />

I don’t know where my spouse is, can I still get a divorce?

If you are unable to locate your spouse or have attempted to serve your spouse unsuccessfully, the next step is to serve by publication. If you are unable to serve the spouse by personal delivery, registered or certified mail, or by a designated delivery service (i.e. FedEx), then you need to try service by publication as a last resort. Service by publication means putting a notice in the local paper where you believe your spouse is residing or, if that is unknown, in the county where the action is pending. You must put the notice in the paper once a week for three consecutive weeks. Upon publication, you then file an affidavit with the court stating the publication and the circumstances warranting the use of service by publication.<br />

What are the elements of domestic abuse and how can I protect myself?

Domestic violence is defined by committing one or more of the following acts against a person with whom the offender shares a personal relationship as follows:</p> <p>Intentionally causing or attempting to cause bodily injury<br /> Putting the victim or a member of the victim’s family or household in fear of imminent bodily injury or continued harassment, to the extent that the fear causes substantial emotional distress, or<br /> Commit any of the following sex-related crimes: first or second-degree rape; sexual offense with a child; first or second-degree sexual offense; sexual battery; statutory rape or sexual offense of a person 13, 14, or 15 years old; or intercourse and sexual offenses with certain victims.<br /> Domestic violence is a criminal offense in North Carolina and is fully defined in North Carolina General Statute Chapter 50B (N.C. Gen. Stat. § 50B-1).</p> <p>A person who fears being the victim of domestic violence, or who has already been the victim of domestic violence, may file a petition to the court for a protective order or an emergency protective order, if that person or child believes to be in immediate danger of domestic violence. Not only can Protective orders can assist in preventing further abuse; they can also grant one party possession of the home and exclude the other, require one party to provide alternate housing to spouse and children, prohibit the purchase of a firearm for a specific period, and various other requirements.</p> <p>A protective order can remain valid for up to one year from the time the court issues it, but a party may ask the court to renew the order for an additional one year. A violation of a Protective Order can result in jail time as a misdemeanor or a felony, depending on the circumstances. If you are a victim of domestic violence, Shawntae Crews is a skilled attorney that will provide invaluable guidance throughout the process while protecting your rights.</p> <p>If you are in an emergency situation right now or need help, call the National Domestic Violence Hotline at 1-800-799-7233.

Do I need a lawyer for a traffic ticket?

North Carolina does not require you to seek legal counsel in traffic matters. It is in your best interest to, at minimum, call a qualified attorney to discuss the charges, your past driving history, and how this may impact your future driving privileges. Did you know if you simply pay a traffic citation, you are found guilty? Did you know that guilty plea can revoke your license in some situations? The advantages of employing legal representation may reduce or dismiss charges, reduce fines and allow you to maintain your driving privileges. Also, your attorney can go to court for you, freeing up your time for other matters.

How many points do I get for a speeding ticket?

North Carolina uses two different types of point systems in relation to your diving citations, drivers license points and insurance points. Drivers license points are assessed by the Department of Motor Vehicles (DMV). Insurance points are issued by your insurance company based on your driving record to determine rates and potential risk to insure you as a driver. Your driver’s license will be suspended if you accumulate 12 or more DMV points within a three year period. Also,when adding up your DMV points, if you are charged with multiple traffic violations in the same occurrence, DMV points are typically only assessed for the greater traffic violation. Below is a list of driving charges, and the amount of DMV Points associated with each charge. Please note this is several, but not all citations and the points associated. Please contact the Crews Law Firm if you have recently been cited for a traffic violation, BEFORE you take any action.<br /> Passing a stopped school bus 5 points<br /> Reckless driving 4 points<br /> Following too closely 4 points<br /> No drivers license 3 points<br /> Speeding in excess of 55 3 points

Do I have to pay court cost for a ticket?

There are costs associated with the court for all traffic citations. However, if the Crews Firm successfully gets your case dismissed, there are no court costs associated with the citation.

What counties does the Crews Law Firm handle traffic tickets?

The Crews Firm handles traffic citations in Mecklenburg, Rowan, Union, Stanly, and Cabarrus counties.

Do I need a lawyer to evict a tenant?

It is not necessary to hire and attorney in North Carolina to evict a tenant. Due to the complicated nature of the forms needed by the court and the strict guidelines of timing, it is highly advised to seek representation from an experienced attorney. North Carolina prohibits the landlord from disposing of tenant’s personal belongings, changing the locks and claiming possession of the premises after eviction is filed, but before the case is decided before the judge. North Carolina requires a formal approach to eviction to protect the landlord and the tenant and the importance of the steps can determine the case.

What can I evict my tenant for?

A lease is considered a contractual agreement and violating a written agreement can oftentimes be deemed as a breach. There are many reason a landlord can evict a tenant, but non-payment is the most common. It is best to consult with an attorney who is experienced in this area of law to review your documents and inform you of your rights, as well as the rights of your tenant.

How does the eviction process work in North Carolina?

There are many steps in the eviction process in North Carolina. It is essential, for a successful eviction, to follow a protocol and render timely filing of these documents to successfully regain possession of the premises. It is highly recommended to seek representation for this matter, as the paperwork associated can be very tedious. Below is a brief example of the steps to evict in North Carolina, however, each case is different.<br /> Notice (must demand what you are seeking (rent, possession, etc.)<br /> Tenant is allowed 10 days to respond before Summary Ejectment (Eviction) Complaint is filed. The time period may be different depending on your lease.<br /> Once the landlord files the case and pays the filing fee, the court will issue a Summons.<br /> Once the eviction case is filed, the court will give a Summons and a copy of the Complaint to the County Sheriff. It is the County Sheriff’s job to deliver these documents to the tenant. These documents will tell the tenant when and where the eviction court hearing will be. The Sheriff may serve the Summons by mail or in person within 5 days of issuance of the Summons, but not less than 2 days before the scheduled hearing.<br /> The landlord must be at the hearing that is set in order to win the eviction. The tenant must show up in order to contest the eviction.<br /> If the landlord wins the eviction case, the magistrate judge will award the landlord a “Judgment for Possession.” This is a court order that says the landlord is entitled to possession of the property and that the tenant has to vacate within 10 days, if the tenant does not appeal.<br /> In North Carolina, landlords MUST obtain a court order to expel a tenant who refuses to leave after notice or demand is given. A landlord who ignores the judicial process may be liable to the tenant for damages. It is illegal for a landlord to physically evict a tenant without going through court procedures.

I received injuries from a car accident. How do I know if I have a case?

When an accident or serious injury happens it can be a very emotional experience. Not only are the effects devastating, but can often affect you for the rest of your life.<br /> Many factors will determine if you have a case and each case can lead to a different outcome. If you have suffered injuries or illness, hospitalized and found to have no-fault, it is likely you have a case that is worth an opinion of an experienced attorney. A reputable attorney will investigate your accident, research your injuries, help determine the cause, and gather evidence to support your case.

How much is my case worth?

Due to the number of factors involved with personal injury cases, it is impossible to give a definitive answer. It is important to keep all documentation, medical records and correspondence during your recovery to assist with proving your damages. However, we do not recommend waiting until you have recovered before retaining legal representation as there may be a statute of limitations issue.

Who pays for my attorney?

The Crews Law Firm handles Personal Injury cases on a contingency basis. We get paid when you get paid. This means, we will work diligently and effectively to fight for you and what you deserve.<br />