Law Offices of Carmen Pope Brown, PLLC

Property Settlements

Property in NC is classified into different types and typically distributed accordingly. A distinguish should be made between property owned separately by each spouse, and property owned jointly by both spouses before a distribution is made.

Criminal Law

North Carolina criminal statutes prohibit certain types of conduct, making certain actions punishable by fines, community service, imprisonment, and/or probation.

Wills and Power of Attorneys

You have a right to decide how your, your property and finances will be handled prior to and after your death.

Pre-Nuptial Agreements

A prenuptial agreement is a contract entered into by a couple planning to be married. It can govern items of present and future ownership. Prenuptial agreements can allow both parties to protect their separate property as well as property obtained during the marriage.

Separation and Divorce

For a divorce, NC requires at least one of the parties be a NC resident for at least six months proceeding the action, the parties live separate and apart for a minimum of one year, and that at least one party have no intention to resume the marriage.

Child Custody and Support

Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. In North Carolina child custody is determined in accordance with the best interests of the child standard. Child Support is based on many factors, including, but not limited to, the parties’ income.

Expunction

There are numerous expunction statutes in North Carolina. Some statutes allow the expunction of only specific types of offenses, whereas other statutes allow expunction of a broader range of offenses.

Domestic Violence

North Carolina defines domestic violence as attempting to cause bodily injury or placing a victim or a member of the victim’s family in fear of serious bodily injury or continued harassment resulting in significant emotional distress. The definition includes stalking, rape and sexual offenses.

Personal Injury

Having an accident can severely impact your life. Personal injury laws and statute of limitations can affect your right to collect.

North Carolina follows the doctrine of pure contributorily negligence, which bars recovery by the plaintiff if they’re even partially at fault (even 1%).

South Carolina follows the doctrine of comparative negligence, which may allow a plaintiff who is partially at fault to still be compensated if their fault is 50% or less.