Frequently Asked Questions

Find your best topic to ask with us

Family Law

What is Family Law?

If you’re considering separation or divorce, you should call our firm to discuss your options and the smartest path forward to protect what’s important to you in life. You should also call our attorneys if your spouse moves out or separates from you, or you’re involved in any sort of domestic disturbance.

Are There Other Types of Family Law Cases?

There are some topics in family law that are not related to a dissolution of a marriage, these include prenuptial and postnuptial agreements, adoptions, name changes, and transfers of custody for educational or other purposes. One other type of case exists and that is a Department of Social Services/Child Protective Services juvenile court case where parents may have their children removed from their care due to abuse or neglect.

Should I Call a Family Law Attorney?

If you’re considering separation or divorce, you should call our firm to discuss your options and the smartest path forward to protect what’s important to you in life. You should also call our attorneys if your spouse moves out or separates from you, or you’re involved in any sort of domestic disturbance.

How do I Know if I Need a Family Law Attorney?

If you’re considering separation or divorce, or if litigation has already begun regarding your divorce, you need a lawyer. Although there’s nothing that prohibits you from representing yourself, the court will hold you to the standards of an attorney for your pleadings, evidentiary matters, and procedural requirements including courtroom etiquette and behavior. In any family law situation hiring Weaver, Bennett & Bland is a major benefit. We will explain matters to you and will advise you. We will prepare the proper pleadings, file them and make sure they are served properly. Our lawyers will seek out and obtain evidence and present it properly in court, and then argue the appropriate law as it applies to your case. In addition, alimony and equitable distribution (property) cases are “paper intensive,” meaning, there is a lot of gathering, organizing, analyzing and preparing documents for various purposes. Our lawyers and legal team members will be invaluable in such cases.

Agreements vs. Litigation

Agreements -Coming to an out-of-court agreement to resolve your family law matter is less time consuming and less expensive than litigation. -Agreements also cause less animosity between the parties and do not place the children in the middle. Agreements can be arrived at through communications between you and your spouse, through negotiations with attorneys, or through mediation. Litigation -Litigation is costlier than reaching an agreement, but the rewards may be higher (although the risk may be higher as well). -You can ask that a judge rule on your requests for custody, alimony, and equitable distribution.

What Happens in a Consultation?

The attorney should look over your biographical information to determine such information as the opposing party, date of marriage, date of separation, the number and ages of children. The attorney will then usually let you explain why you are consulting. He or she should then discuss the matter; in a separation scenario, the attorney should address: -How and when to separate -Custody and child support -Alimony exposure -Property settlement (equitable distribution) -Methods of settlement -Costs of negotiating an agreement and costs of litigation If you retain, you should be given a contract to review with billing practices spelled out.

Business Law

What is business and corporate law?

Business and corporate law is a broad practice that involves everything related to the creation, operation, and sale of a business.

Why Should I Hire a Lawyer, Instead of Using LegalZoom or RocketLawyer?

Online companies like LegalZoom.com and RocketLawyer.com provide business formation services in each state; however, pulling back the curtain of these online juggernauts reveals two secrets you don’t often hear. First, the business formation services you pay for are typically a form driven, one-size-fits-all approach. Second, the legal work is often farmed out to a law firm that’s the “lowest bidder.”

Aren’t Verbal Contracts Enough—Why Do I Need a Written Contract?

Verbal contracts are enforceable, but without a written contract you risk creating a “he said/she said” argument in the future. On the other hand, lengthy written contracts can “go too far”—there’s a secret in the legal industry that no one will tell you: lawyers make contracts overly complex to make sure you need to pay a lawyer to interpret them. Weaver, Bennett & Bland bucks this trend by drafting solid contracts in plain language. Whether it’s drafting your contracts or reviewing contracts that someone has presented to you, having a skilled lawyer in your corner protects you and your business.

Civil Litigation

What is Civil Litigation?

There are two types of court cases in North Carolina: civil cases and criminal cases. Criminal cases involve the prosecution of someone by the state for the commission of a crime. Civil cases are where private parties sue each other to obtain court-awarded relief, often in the form of monetary damages.

Can you help me with my civil case?

Yes. If you believe that’ve suffered some loss, whether physical, financial, or emotional, for which you are entitled to compensation, or if someone has sued you for such compensation, you need a litigation attorney.

What types of cases are civil cases?

Cases in this category run the gamut from arguments about the performance or non-performance of a contract obligation, to auto-wreck cases, to divorce or child-custody disputes, etc. All of those things fall under the umbrella of “civil litigation.”

Should I sue?

Depending on the circumstances, you should consider hiring a lawyer to explore a potential lawsuit. Few people want to take someone else to court. Sometimes, however, it’s necessary to protect your rights and interests. The lawyers at Weaver, Bennett and Bland can help you determine whether and when you ought to take the step of initiating a lawsuit. Our attorneys have experience giving guidance in a wide range of civil practice areas, including: Personal injury matters, such as automobile wrecks, slip and falls, medical malpractice, defective and dangerous products, and all manners of insurance litigation. Collection of business debts. Consumer claims against the sellers of products for fraud and unfair & deceptive sales practices. A person injured in a motor-vehicle wreck, slip and fall, as a result of a dangerous or defective product, or as the result of some other negligent or willful conduct and cannot obtain a fair offer from the responsible insurance company or self-insured defendant Defamation, libel, and slander. Infringement of constitutional rights by the government or a public official.

What if I've been sued?

If you’ve been sued, it’s important that you act immediately. Weaver, Bennett and Bland has experience defending clients on both sides of the aisle, so to speak. That is, whether you are the plaintiff (the person filing the suit) or the defendant (the person being sued), our firm can help. We’re not a “plaintiff’s firm” or a “defense firm.” We represent clients who are fair and honest, who want to do the right thing by their friends, neighbors, vendors, customers, towns, and communities. Deadlines for response run quickly, and usually the clock starts ticking as soon as you are served with a lawsuit. The earlier you speak with our lawyers, the more time we’ll have to think through and prepare your defense and counter-attack.

Why do I need a lawyer?

A lawsuit is the legal equivalent of open-heart surgery. The stakes are high, and the process is complicated. Don’t make the mistake of going alone. The attorneys at Weaver, Bennett and Bland have handled thousands of cases in state, federal, and administrative courts. They’re familiar with the rules of procedure that apply in those courts and the way that those rules impact your legal strategy. They know the importance not only of following those rules, but of using those rules to anticipate an opponent’s next step. If you are considering filing a lawsuit, or if you’ve been sued, it’s likely that you are about to go through one of the most difficult and important experiences of your life or the life of your business. In those circumstances, you need an advocate, counselor, and champion who will do everything possible to ensure justice is done and that you obtain the outcome that you deserve. Our attorneys stand ready to serve, so call today.

Wills & Estates

What is an estate plan?

What documents are included in an estate plan is dependent on our client’s wishes and concerns. However, a typical estate plan includes a will, durable general power of attorney, healthcare power of attorney, living will, and HIPAA Authorization. Some client’s estate plans also include a trust. These documents are meant to handle any financial or health concern during your life and your property distribution upon your death.

Tools And Practices To Speed Up The Vue.js Development Process

No one wants to think about death or being unable to make financial or healthcare decisions due to an illness or a medical issue. However, for all of us, death will occur and for many of us incapacity will occur. An estate plan reduces the likelihood that your passing or incompetency/incapacity will be chaotic and stressful.

What is Estate Administration?

Estate Administration is the process by which a deceased person’s assets not disposed of otherwise are gathered by a court appointed personal representative, the decedent’s creditors are handled, the debts, taxes, costs, and expenses of the departed or of his or her estate are paid, and the remaining assets are distributed as provided in the will.

What does probate mean?

Probate is the common term for an estate administration, but in North Carolina it simply means that the court has accepted the last will and possibly codicil of someone who has passed, if any, as being valid.