- DivorceNorth Carolina is a "no fault" divorce state, meaning you do not have to prove any marital misconduct by your spouse to file for divorce. No attorney is required to file for divorce in NC. One benefit of hiring an attorney is that a simple uncontested divorce can often be accomplished without either party having to attend court.
- Child SupportNorth Carolina has established the NC Child Support Guidelines to determine the amount of child support to be awarded. The guideline numbers are derived from statistical data showing what intact families at different income levels spend on their children. The guidelines simplify the process and provide consistency. Hence, setting the correct amount of child support is usually very easy, eliminating the need for a contested hearing. A trial is sometimes necessary when one party is paid in cash under the table or is under-employed. Deviation from the guidelines is rare, and is usually based on special dietary or medical needs of the child. The actual bills of the payor or payee such as rent, mortgage, car payment, or credit card bills are not considered in the calculation of child support.
- Child Custody and VisitationNothing is more important than the health and well-being of your children. The law in North Carolina employs the "best interest" standard in deciding child custody. This means that the Court may consider any and all factors in deciding how to award custody. The only guidance given to Judges by the NC Legislature in determining custody is to do what is in the “best interest” of the children. So what is the “best interest” test? Courts have long wrestled with what “best interest” really means. Basically it means consider anything and everything that is relevant.
- Spousal SupportThe Judge may choose to award alimony for a fixed number of years or it may be awarded for life. If there is any rule of thumb, many attorneys advise to expect a time period for spousal support for half the duration of the marriage, meaning a 10 year marriage equates to 5 years of alimony. The dependent spouse may not receive any alimony if they engaged in Illicit sexual behavior prior to the date of separation of the parties.
- Annulment
- Criminal DefenseIf you are charged with a criminal offense you should always at least speak with a lawyer. Many law firms like this office offer a free consultation for criminal matters.
- DUI/DWIImmediately after being charged with DWI your license is ordinarily suspended for 30 days. A first time offender should be eligible to obtain a pre-trial driving privilege good between day 11 and 30 after obtaining a substance abuse assessment. That same first time offender if ultimately convicted of DWI who blew under 0.15 should be eligible for a post-trial driving privilege good for 1 year until they are eligible to regain their license. For first time offenders convicted of DWI who blew a 0.15 or above they should be eligible to obtain a post-trial driving privilege after installation of a interlock device.
- Wrongful Death
- Traffic ViolationsTraffic tickets often have costs far beyond the printed court costs and fine on the ticket. Those costs may include potential insurance increases for years as well as the possibility of revocation of driving privileges. Please call us before paying a ticket off or pleading guilty without a full understanding of the consequences. At Witt Law Firm we offer a free consultation on all traffic related matters that can often be done over the telephone. Fees start at $200 and can often eliminate the burden of an otherwise mandatory Court appearance.
- Sex Crimes
- MisdemeanorsAt Witt Law Firm, P.A., we are experienced in both District and Superior Criminal Court. Let us stand up for your rights in Court. Don't make a mistake that can last a lifetime by representing yourself when experienced local counsel can make all the difference in the world. Criminal convictions don't just fall off your record after a certain number of years. Many convictions can never be expunged, which is why it is so important to push the District Attorney for a dismissal or reduction whenever possible. The District Attorney is not your friend- have someone on your side when you go in front of a Judge. We always offer a free consultation for any pending criminal charge. Never walk into Court without experienced legal counsel on your side, regardless of whether you are charged with a simple misdemeanor or serious felony. Below are some frequently asked questions and answers.
- Embezzlement
- Drug CrimesWhether you are charged with marijuana or something more serious such as cocaine, which is a felony in any amount, visit our office for a free consultation to learn what Witt Law Firm, P.A. can do to protect your future. First time offenders for drug possession often have an opportunity to avoid a criminal conviction via diversion programs.
- Assault
- Homicide
- ShopliftingWe routinely represent both kids and adults charged with shoplifting faced with having to attend Court for the first time. The simple mistake of taking off a security device from a $10 item can upgrade a larceny charge from a misdemeanor to a felony. Even a simple misdemeanor charge can have long lasting employment consequences. It is important to understand that dismissed charges still appear on a criminal background check for life unless expunged. If you are able to obtain a dismissal via deferred prosecution or other program you are immediately eligible to file for an expunction so you can get on with your life. Be advised that an expunction usually takes 9-12 months to finalize so the faster your case is dismissed the faster it can be remove from your permanent record. Do not let a early mistake derail your path to success in admission to college, job applications, or career advancement.
- Forgery
- Kidnapping
- Manslaughter
- Hit and Run
- Business Disputes
- Personal InjuryAt Witt Law Firm, P.A., we understand an injury can change your entire life and we are here to stand by you during your recovery. Whether you were seriously injured or not, we are more than happy to sit down with you to discuss you legal options. You can be sure that the insurance company has an attorney working hard for them and you deserve the same.
- Auto Accidents
- Dog Bites
- Slip and Fall Injury
- BankruptcyMost preconceptions about bankruptcy are about Chapter 7 bankruptcy, which generally involves the discharge of credit card debt, medical bills, and most other unsecured debt. For secured debts such as houses and cars the payments must be current or else the debtor risks losing that property. The typical debtor is able to keep a house and car provided the equity does not exceed their applicable bankruptcy exemptions.
- ForeclosureMany clients ask what options are available besides filing bankruptcy to deal with debt. One option often overlooked is debt negotiation. This can mean many things from payment in full after a set monthly payment plan, lump sum settlement, or some combination of both. At Witt Law Firm, we help clients reach favorable settlements via aggressive debt defense for credit card lawsuits in NC, car repossession deficiencies, home foreclosure deficiencies, personal loans, and business debt.
- Debt CollectionAn important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.