FAQ’s

Our consultation fee varies, depending on the type of case. The consultation fee may also be applied to the retainer. We provide free consultations for Personal Injury, Social Security, Worker’s Compensation, and Traffic cases.

You may call our office at (919) 778-6707 during office hours. You may also email us [email protected], or use the form on this website.

Do I have to meet with you in person? No, most of the time we can schedule a telephone consultation. Will I have to go to Court? Maybe, maybe not. Traffic cases can typically be handled without you appearing in court. Most other types of cases may eventually require you to appear in court. Our Attorneys can let you know about your individual case once they talk with you.

We will notarize documents prepared by our office or in the course of your representation. In addition, we also provide witnesses for the preparation of wills and Powers of Attorney. We do not provide notary services to the general public.

It depends, again, each case is different. Our fees are vary based on the type of case. Typical fees are either at our hourly rates, a flat fee, or contingent on the outcome of the case. Fees will be discussed in more detail at your consultation.

Call us! We understand that you work and meeting with us or dropping off documents may not be convenient. We will do our best to work with you and your schedule.

In order to separate in North Carolina, you do not need separation papers.  You do, however, need to live in separate residences and have the intent to separate from your spouse.

Yes!  We believe family is family, and provide legal services to all members of our community.

No.  Divorce is a separate claim from the other issues.  Divorce cannot be filed until you have been separated for at least a year.  However, the other claims can be filed immediately – certain claims can even be filed before separation.

In North Carolina, property distribution between spouses is called Equitable Distribution.  With certain exceptions, spouses divide up assets and liabilities that were acquired during the marriage, including houses, retirements, and credit card debt.  While some estates are easy to divide between the Parties, others have business interests, extensive assets, or multiple pieces of real property that complicate matters.

Alimony and its temporary counterpart, Post Separation Support, are forms of spousal support.  In its traditional form, Alimony is a monthly cash payment from one spouse to another to help support them.  Amount and duration vary with the case.

Like many other things, Alimony may be resolved without going to court in an Agreement.  Alimony may also be waived, and some spouses are by law not entitled to Alimony.  While Alimony is based at its core on income and expenses, each case has specific facts that might change the calculation and the dynamic.  That’s where we can help.

North Carolina requires anyone who files a claim for custody to go to mediation.  If the Parties cannot agree, they can have a hearing and the Judge will determine custody based on the best interests of the minor children.

Child Support is typically set using the North Carolina Child Support Guidelines, and includes adjustments for health insurance, child care, and other extraordinary expenses.  The Guidelines apply to combined incomes less than $25,000.00 per month.

Here at Everett, Womble, & Lawrence, we are aware how Custody and Child Support affect the entire family.  Our job is to advise, and if necessary, litigate, but we keep in mind the practical aspects of your case as well.

Your case strategy may include Agreements between you and your spouse to resolve pending or expected issues without going to Court.

Prenuptial Agreements (also known as Prenups or Premarital Agreements) are executed prior to a marriage to resolve various issues that may result from a marriage.  Postnuptial Agreements are executed during a marriage to resolve issues that may result from the marriage.  Separation Agreements are executed after separation to resolve issues in dissolving the marriage.

Some issues may be resolved in Separation Agreements but not in Prenuptial and Postnuptial Agreements.  As these Agreements are private contracts, enforcement is also a concern.  Our job is to draft a contract that is both valid under the law and addresses the issues relevant to your case.

Yes, you can handle this yourself – but you may be making things worse.  Family Law is unique in that the claims are intermingled, and may have long reaching ramifications.  Custody affects Child Support, and Equitable Distribution can affect Alimony.  What you decide now could affect your taxes and retirement 20 years from now.  If you do not agree with your spouse on various issues, then you may end up in Court.  There are many issues to think about, and it is our job as your attorney to advise you on those issues so that you can make informed choices.

A Will is how you divide up your property upon your death.  It allows you to determine who gets what.  It can also make it easier on your loved ones to clear up your financial matters after your death.

Your property will go to your spouse, children, or other relatives as determined by North Carolina Intestate succession.  In the event of no heirs, the estate eventually escheats to the State of North Carolina.

Not necessarily.  Life insurance and other similar benefits go to the beneficiary.  If the beneficiary is your niece, then your estate will not receive those funds.  If you name your estate the beneficiary, then yes, it would go into the estate.

A Power of Attorney is a legal document which gives another person to act in your place.  Powers of Attorney typically list the specific rights that may be exercised, and can be limited.  For example, some couples execute a Power of Attorney only as to a house they are purchasing.

A Healthcare Power of Attorney is different from a standard Power of Attorney.  This gives another person the ability to make healthcare choices on your behalf and access to your medical records.

A Living Will directs a doctor or other medical provider on what to do should you become severely ill or incapacitated.  For example, a Living Will can direct a doctor not to provide life saving measures.

Yes.  In most situations, we would draft a new Will for you to sign.  In complicated situations, we may use a Codicil, which is an addendum used to change parts of a Will.

No.  We will schedule a time for you to come in and review your documents.  Once they are ready for your signature, we provide the disinterested third party witnesses.  You do not have to bring anyone with you.

We handle everything – infractions, license issues, speeding tickets, misdemeanors, DWIs, DUIs, DWLRs, etc. .

We handle traffic matters at the Goldsboro, Mount Olive, Kinston, and Snow Hill courthouses.  If you have received a ticket in Wayne, Greene, Lenoir or Jones County, we can help.

Traffic issues are usually a flat rate, including court costs, fines and cost of obtaining driving history.  The total fee varies based on the specific ticket or citation.  Please call our office for more information.

We obtain your North Carolina Driving History from the DMV.  There is a $25.00 cost for obtaining these histories (included in flat fee).  In order to effectively represent you, we need to know your driving history, and we need to have them when we discuss your case with the District Attorney.

You can absolutely handle a ticket yourself and just pay the fine.  However, doing so in certain circumstances may result in the suspension of your license or increased insurance premiums.  An attorney may be able to get your ticket reduced or dismissed, and keep you from getting points on your license and insurance.  In addition, some clients are unable to appear in court and need an attorney to appear on their behalf.

Often, in cases involving minor traffic violations, our attorneys are able to appear in Court on your behalf without you having to attend.  There are some charges, such as Driving While Impaired (DWIs or DUIs), where your attendance would be mandatory.

In many cases, yes.  Insurance points increase your insurance rates for years.  That is where we can help.  For information on insurance rates and traffic tickets, please click here.

Generally, yes!  We may be able help you clear up your traffic issues so that you can get your license restored.

Yes – but call our office as soon as possible.

We will need a copy of your ticket, copy of driver’s license, Intake Form, and a Waiver of Appearance.  The Intake Form and Waiver of Appearance are both available under Forms.