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Statesville North Carolina Legal Blog

Telling the kids their parents are getting a divorce

For married couples with children, deciding to divorce can be a difficult and life-changing decision. You know what is best for yourself, your spouse and your children, but that doesn’t make the decision or telling the kids about the impending change any easier.

The last thing a parent wants is to cause their child any pain, so it’s important to prepare yourself as best as possible before breaking the news. Each family dynamic is unique, but there are a few basics each parent can utilize in planning how to tell the kids about a divorce.

Highway Patrol trooper's DWI charge dismissed

A North Carolina State Highway Patrol trooper was accused of driving while impaired after he was arrested on July 21. Two law enforcement officers took the man into custody after they found him in the driver's seat in his vehicle on a street in Wilmington. However, a spokesperson for the Wilmington Police Department said on July 27 that the trooper is no longer facing charges.

The arrest occurred at about 3:30 a.m. on Princess Street in downtown Wilmington. The arresting officers, one with the Wilmington Police Department and the other a Sheriff's deputy, said that the dashboard lights in the man's vehicle were on when they detained him. However, the police who investigated the case determined that the vehicle that the man occupied was not in motion nor was its motor running at the time that the officers made the arrest. Accordingly, the charge against the 53-year-old man was dismissed. Police did not file any additional charges against the trooper.

Sharing parental responsibilities after divorce

One of the challenges parents in North Carolina may have to face after divorce is that of co-parenting. However, even if the divorce was acrimonious, it is important for ex-spouses to respect one another in their parental roles.

A structured parenting schedule may help with this. Parents may also reduce conflict by choosing neutral locations to do pickups and drop-offs, such as at the child's school. Parents who feel overwhelmed by negative emotions might want to seek therapy to deal with them. If people are struggling with communication issues and experiencing conflict, they might want to seek the assistance of a parent coordinator. Over time, individuals may find that their negative feelings dissipate, and it is easier to value the other parent's contributions.

Steps to creating a workable parenting schedule

Divorcing parents in North Carolina will need to create a parenting schedule for custody and visitation. It is important that parents make this schedule child-focused because it shows children that their parents are working together toward their best interests.

When creating the schedule, parents should think about what would work best for their children. They need to think about practical factors, such as how far apart they live and what transportation and the child's schedule are like. If the children have a regular child care provider, parents may want to try to keep that person to maintain a sense of consistency. Older children might want to help with the creation of the schedule. Parents should keep in mind that allowing their input does not mean they have to implement all of their suggestions. Finally, parents of children with special needs may need to take additional issues into account.

Can I get an old charge or conviction erased?

Under North Carolina law, all criminal charges could remain on a person’s record indefinitely, including pending charges, convictions, Prayer for Judgment Continued (PJC) and even dismissed charges. However, while a criminal charge cannot be removed automatically, it may be erased if it’s eligible for expungement.

Why divorcing in 2018 could be financially beneficial

For those living in North Carolina who are thinking of filing for divorce, it would be a good idea to consider the timing of the separation and how changing laws may affect the outcome. With the passage of the new tax code, some may find it more advantageous to finalize their divorce before 2019. To help make sense of the confusion, there are some important aspects to keep in mind.

Exes who decide to keep the marital home as a financial asset won't be able to deduct as much of their property taxes and mortgage interest. In fact, many won't be able to deduct any portion of these items under the new tax laws. Selling could be the best option before divorce as married couples are able to realize a capital gain of up to $500,000 before any taxes are due.

What should to do if you miss your traffic ticket court date

If you get in trouble with the law, it is important to read up on your rights and cooperate accordingly to avoid further punishment. Traffic tickets have numerous consequences when they are on your record, but failing to show up to the assigned court date can yield even worse results.

If you fail to show up for the court date, you must resolve this issue immediately. It is important that you are aware of what the courts can do to you if continue to put off this obligation.

When is larceny a felony in North Carolina?

Theft charges vary significantly in severity here in North Carolina. Take, for instance, one of the most basic types of theft charges in the state: larceny. Under state law, some larceny charges come in at the misdemeanor level, while others are felony charges.

Which level a larceny charge comes in at can have many impacts for a person, as it can affect what penalties could be on the table and what the overall stakes are in his or her case. Many factors can influence whether a person accused of larceny would be facing misdemeanor or felony charges. Below are four key questions when it comes to this issue.

Insurance premiums and traffic tickets go hand-in-hand

You do your best to be a safe driver. You always make sure you buckle your seatbelt, use your turn signal and check your mirrors. As a daily commuter, you have your driving routine down perfectly. You know exactly what time you have to leave the house to get to work on time, what route to take to the grocery store, and where the potholes are located throughout most of Statesville.

This routine is great for your time management. However, this can also lead to complacency behind the wheel. You realized that when you got pulled over for speeding. You were on the way to pick up the kids like always, when suddenly the red and blue lights of the cop car flashed in your rearview mirror. You got a speeding ticket. Now you can’t help but wonder if it’s worth making a fuss over. Will this ticket impact your insurance? Will you feel the effects long after you pay the fine?

Review Of Legal Standards For Child Custody Modification

Depending on a parent's perspective, it may be a huge relief or a cause of a concern that, in North Carolina, child custody and parenting time decisions are not set in stone. This is true even when the parents made an agreement about such issues and one of them wants to change the agreement.

Facing A Criminal Charge
Or Divorce In Iredell County?

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