Dickerson Law Firm, P.A.FindLaw IM Template2026-11-12T12:37:19Zhttps://www.dickerson-law-firm.com/feed/atom/WordPress/wp-content/uploads/sites/1100723/2019/04/cropped-site-identity-32x32.jpgOn Behalf of Dickerson Law Firm, P.A.<![CDATA[How to organize financial documents before filing for divorce]]>https://www.dickerson-law-firm.com/?p=488702026-11-12T12:37:19Z2026-11-12T12:37:19ZWhat income and account records should you gather?
You may need to collect documents that reflect your income, assets and debts, including:
Tax returns from the past two years, plus any additional years required for disclosure
Pay stubs and business or self-employment income records, if applicable
Bank statements showing account balances and activity
Investment and retirement account statements
Life insurance policies with cash value, if applicable
Records of household bills and regular expenses
The records you need will depend on your situation.
How can you track property and debts?
Create separate folders for income, accounts, property and debts. Mortgage and credit card statements go in the debt folder. Property deeds and vehicle titles help document ownership.
North Carolina uses equitable distribution to divide marital property and debts. North Carolina law presumes that an equal division of marital property and divisible property is equitable, unless the court finds that an equal split would be inequitable. Both spouses may need to disclose their assets and debts. The North Carolina Judicial Branch's separation and divorce guidance explains the process.
If you want the court to divide marital property, you must raise an equitable distribution claim before the divorce becomes final. Otherwise, you may lose the right to seek court-ordered property division.
For families in Hillsborough and Orange County, organized records can help prepare for property division discussions with legal counsel.
What mistakes should you avoid when preparing records
Missing statements can leave gaps in your financial history. Use actual records instead of estimated balances. You may also need to document less obvious accounts, such as health savings accounts or stock options.
Keep originals and update copies as new statements arrive. Hiding or changing financial information can harm your credibility and complicate the case.
Moving forward with financial preparation
Organized records give you a stronger foundation as the process moves forward and make it easier to have informed conversations before major decisions are required.
Families going through divorce do not have to figure this out alone. A family law attorney can help you understand what records apply to your situation, what North Carolina law requires and what options may be available.]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[What happens if you refuse police questions after an arrest?]]>https://www.dickerson-law-firm.com/?p=488682026-10-30T19:43:08Z2026-10-30T19:43:08ZWill police keep questioning you if you stay silent?
When you clearly invoke your right to remain silent, police generally must stop custodial questioning. Going quiet alone may not be enough. State plainly that you do not wish to answer questions to make your decision clear.
In some cases, questioning may resume after officers have honored your invocation and a significant break has occurred. Courts consider factors such as:
After officers advise you of your rights, prosecutors generally cannot use your silence to suggest guilt or challenge your credibility at trial. Different rules may apply before an arrest. If you stay quiet during a voluntary police encounter without invoking your right, prosecutors may sometimes comment on that silence.
Either way, be careful about answering further questions once you have invoked your right. Prosecutors may still use statements you make during continued questioning as evidence.
What if you ask for an attorney during questioning?
Even after answering some questions, you can request counsel at any point. Once that request is clear, officers generally must halt questioning until counsel is present.
Questioning generally cannot resume on police initiative alone after you invoke your right to counsel. An exception may apply if you initiate further communication and knowingly waive that right. After a break in custody lasting at least 14 days, courts may permit police to approach you again after re-advising you of your rights. Simply speaking to officers about general matters does not automatically waive your right to counsel or mean you have agreed to answer questions.
Your request should be direct. Saying “Maybe I should talk to an attorney” may not be enough. A clearer statement is: “I want an attorney and will not answer questions without one.”
Protecting your rights after an arrest
An arrest affects the entire family, not just the person facing charges. A family-centered approach to criminal defense recognizes the stress and uncertainty an arrest can bring to everyone involved. Knowing what rights may apply and what steps may follow can help you feel better prepared to face the challenges ahead.]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[5 key factors to consider when seeking an expungement]]>https://www.dickerson-law-firm.com/?p=488652026-10-23T11:34:52Z2026-10-23T11:31:17ZEssential elements for clearing your criminal record
Filing a petition for expungement requires meeting both statutory eligibility standards and strict procedural requirements. Reviewing these factors beforehand helps applicants avoid administrative delays and swift court rejections:
Offense eligibility: State rules permit record clearing for single nonviolent felonies and certain nonviolent misdemeanors. Violent crimes, major felony classes and sex offenses remain permanently on public records. Applicants should double check their exact convictions before spending time on paperwork.
Mandatory waiting periods: Misdemeanor convictions require a three-year wait, while single nonviolent felonies require a 10-year wait after completing all sentence terms. Applicants with convictions must calculate these timelines strictly from the date their probation or sentence concludes. By contrast, dismissed charges carry no statutory waiting period for petitioning.
Clean record requirement: Applicants must show no outstanding criminal charges or recent convictions. Courts review full background reports from state law enforcement before granting petitions. Any pending active warrants will immediately halt the process.
Filing location and paperwork: Individuals must file petition forms in the clerk of court's office of the county where the original charge was filed. Incomplete forms or missing documentation can create significant delays. Petitioners must also serve these formal legal papers on the district attorney.
Outstanding financial obligations: Courts deny petitions if petitioners owe unpaid court fines, fees or restitution. Full payment of all court-ordered financial obligations remains a strict prerequisite for relief. Obtaining written receipts from the clerk helps prove full financial satisfaction.
State law enforcement conducts thorough background checks across multiple databases for every submitted petition. A single administrative oversight or overlooked prior charge can result in an immediate court dismissal.
Striving to secure your future through expungement
A cleared record can open doors to better employment, housing options and professional licenses across North Carolina. However, going through the process of clearing your criminal record can be difficult and daunting. With legal counsel, you may better advocate for your rights as you strive to secure your future through expungement.]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[What to do when your ex cancels your visitation last minute?]]>https://www.dickerson-law-firm.com/?p=488622026-10-13T17:48:08Z2026-10-13T17:48:08ZHow should you document each cancellation?
Save every text message, email and voicemail related to the canceled visit. Record the scheduled date, when you received the cancellation and the reason given. Also keep records of steps you took to follow the parenting-time schedule.
Keep records of make-up time or arrangements you proposed. This can help create a clear record if you later seek enforcement. Repeated cancellations may also matter if the court considers whether interference has affected your child's relationship with you.
What does your parenting plan say about cancellations?
Review your parenting plan and any related court orders. Look for provisions on exchanges, cancellations, make-up time, notice requirements or dispute resolution.
Your order is an important starting point, but North Carolina law and the specific facts can also affect your options. Once approved as a court order, changing a parenting agreement generally requires additional court action.
How should you communicate after a cancellation?
Respond to the cancellation with a brief, factual message. Avoid insults, threats or arguments, even when you are frustrated. Factual, respectful messages can help create a clear record and reduce the risk of escalation.
If the cancellation involves a safety concern or emergency, address that first. Seek legal advice about the parenting order afterward.
When should you consider court action?
Repeated cancellations may support a request to enforce your custody order or seek make-up time, depending on your order's terms and the facts. If the other parent willfully violates a custody order, North Carolina provides procedures for contempt through a Motion for Contempt or Motion for Order to Show Cause.
A continuing pattern may raise questions about whether a custody modification is warranted. Enforcement and modification are separate legal issues, so the facts and terms of your order matter.
If cancellations become a pattern, bring your parenting plan and records to a North Carolina family law attorney. The North Carolina Judicial Branch Access and Visitation Program provides information and help for parents facing barriers to parenting time.]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[Can a DWI affect your professional license in North Carolina?]]>https://www.dickerson-law-firm.com/?p=488462026-09-28T07:44:48Z2026-09-28T07:44:48ZHow a DWI can affect your professional license
A DWI conviction does not always lead to the loss of a professional license. However, a licensing board may review the conviction under the rules for your profession.
North Carolina law allows boards to consider the nature of an offense, the facts of the case and its link to your job. A board may review your license, set limits or take other action.
Which professionals may face disciplinary action?
Different professions have different reporting requirements and licensing rules.
Nurses: The North Carolina Board of Nursing requires nurses to report a DWI or DUI arrest within 30 days. The board may review the circumstances and determine whether further action is necessary.
Teachers: A DWI conviction may affect a teacher's license or employment, depending on the circumstances and applicable education rules.
Healthcare professionals: Licensing boards may review a DWI conviction to determine whether it raises concerns about professional conduct or public safety.
Commercial drivers face separate rules. A DWI can affect commercial driving privileges and commercial driver's license eligibility under state and federal law.
What happens during a licensing review?
A licensing board may examine the nature of the offense, the circumstances surrounding the incident and any prior disciplinary history. Some boards require professionals to report arrests or convictions.
Depending on the applicable rules, a board may request records, seek an explanation or impose conditions on a license. The outcome depends on the profession and the facts of the case.
Protecting your professional standing
A DWI can create challenges beyond a driver's license suspension. Professionals should understand their licensing board's reporting requirements and review how a conviction may affect their work. Knowing the rules can help them make informed decisions about their careers.]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[What assets must be disclosed in a North Carolina divorce?]]>https://www.dickerson-law-firm.com/?p=488422026-09-21T02:02:32Z2026-09-21T02:02:32ZProperty categories subject to disclosure
Each spouse first gathers their financial records. They then share these records through discovery or a sworn financial statement. Both spouses must report the following:
Real estate: Primary homes, land, vacation homes and rental properties, whether owned jointly or alone.
Bank accounts: Checking accounts, savings accounts, certificates of deposit and other cash holdings.
Retirement accounts: 401(k) plans, pensions, IRAs and military benefits earned before and during the marriage.
Business interests: Ownership shares in a business, partnership interests or company stock options. Spouses must provide financial statements, tax returns and corporate records. Business value can include future income and intangible assets, such as goodwill. Because of this, a certified appraiser or forensic accountant is typically needed to calculate the business's fair market value.
Personal property: High value items like vehicles, boats, artwork, jewelry and tools.
Digital and financial assets: Cryptocurrency and stock options.
In addition to these assets, spouses must disclose all debts. This includes credit lines and personal loans, which count just as much in the final split.
Working through property division
North Carolina courts consider several factors when dividing marital property. These include the length of the marriage, each spouse's income and their contributions to the property. The process can become more complex when a business or retirement account is involved.
A North Carolina family law attorney can help spouses understand the disclosure rules and avoid costly mistakes. Legal guidance can also help spouses protect their interests as they work toward a final settlement.]]>by Dickerson Law Firm, P.A.<![CDATA[Can a convicted felon ever legally possess a firearm again?]]>https://www.dickerson-law-firm.com/?p=488402026-08-28T12:03:52Z2026-08-28T12:03:52ZWhat are the main ways to restore firearm rights after a felony?
A felony conviction can limit firearm rights for years. Some legal options may restore those rights. The best option depends on the conviction, criminal record and any remaining restrictions. The main options may include:
Court-ordered restoration: A person with one qualifying nonviolent felony may petition the court to restore firearm rights. North Carolina law sets a 20-year waiting period from the completion of the sentence and requires other conditions to be met.
Expunction: Some felony convictions may qualify for expunction. If granted, an expunction can remove the conviction from the record and end related state firearm restrictions.
Pardon or other relief: A pardon or restoration of civil rights may restore firearm rights. The result depends on the terms of the relief and any other restrictions.
Constitutional relief: In limited cases, a civil action may provide another path when standard restoration options do not apply. Success is not guaranteed.
Illegal firearm possession can lead to serious criminal charges. All firearm restrictions should be confirmed before possessing a firearm.
Key barriers to firearm rights restoration
Several factors can prevent a person with a felony conviction from restoring firearm rights in North Carolina.
Common barriers include:
Multiple convictions: More than one felony or certain violent misdemeanors may block restoration.
Pending felony case: An unresolved felony charge at the time of application may prevent eligibility.
Fugitive status: Outstanding warrants or certain pending proceedings may block restoration.
Protective orders: An active protective order or no-contact order may prevent restoration.
Drug use: Evidence of unlawful drug use or addiction may block restoration.
Federal restrictions: State relief may not remove a federal firearm ban. Federal eligibility must be reviewed separately.
Incomplete requirements: Failing to meet residency, civil rights restoration, background check or other eligibility requirements may cause a petition to be denied.
A single issue, such as a pending charge, active protective order or federal restriction, can block restoration. A full review of the criminal record and current legal status is essential before seeking to restore firearm rights.
How to determine whether restoration is available to you
North Carolina law may let some people regain firearm rights after a felony. However, state relief may not end federal firearm restrictions. A North Carolina attorney can review the conviction, sentence and criminal record to determine whether a legal remedy is available and what steps may apply.]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[Helping your child cope with your divorce in North Carolina]]>https://www.dickerson-law-firm.com/?p=488342026-08-18T13:34:11Z2026-08-21T13:32:32ZPrioritize open and honest communication
Give your child simple, age-appropriate information about the changes in your family. You might explain that you and your former spouse will live apart, but you both still love your child. Do not share private adult issues. Also avoid speaking badly about the other parent.
Let your child ask questions. Give them time to share their feelings. Some children may not talk about their emotions right away. Watch for changes in behavior, schoolwork or friendships. These changes may show that your child needs more support.
Maintain stability and routine
Divorce can change many parts of a child’s life. A steady routine can help your child feel safe. When possible, keep regular mealtimes, bedtimes, school activities and other familiar routines.
You can also work with your former spouse on a parenting plan. The goal can be to keep your child’s daily life as steady as possible. North Carolina courts consider the child’s best interests when deciding custody. A plan that limits major changes may help your child adjust.
Support their relationship with both parents
Unless safety concerns make contact unsafe, support your child’s relationship with the other parent. Do not ask your child to carry messages or take sides. You might also be flexible when a reasonable change to the parenting schedule helps your child.
Remind your child that the divorce is not their fault. Let them know that it is OK to love both parents. Your child should not feel responsible for adult disagreements. They also should not feel that loving one parent means rejecting the other.
Protecting your child after divorce
Helping your child through divorce takes patience and care. Keep communication open. Protect familiar routines. Do not place your child in the middle of conflict. Pay attention to how your child responds to the changes.
If your child continues to struggle, you may want to consider seeking support from a qualified mental health professional or another trusted resource. Every child responds to divorce in a different way. By keeping your child’s needs at the center of your decisions, you can give them a stronger sense of security as your family adjusts.
]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[Can dating during separation affect alimony?]]>https://www.dickerson-law-firm.com/?p=488372026-08-21T12:46:44Z2026-08-21T12:44:22ZCheating before separation
Under North Carolina law, marital misconduct can affect alimony. In some cases, adultery may bar an alimony award or support a request for alimony, depending on which spouse committed the misconduct and the facts of the case:
If the lower-earning spouse committed adultery, that may affect whether alimony is available
If the higher-earning spouse cheated, the court may order them to pay alimony
Dating after separation is legal, but judges can use a new relationship as indirect proof that an affair started before you separated. Post-separation dating may become evidence in an alimony dispute, depending on the facts.
Cohabitation may affect alimony
If a spouse receiving alimony begins cohabiting with a new partner, that may be grounds to terminate alimony under North Carolina law. Whether support ends depends on the facts and any court order in place.
Spending shared money on dates
Using joint bank accounts or credit cards to pay for dates, gifts or trips for a new partner counts as misusing shared money. When splitting property, the court can force you to pay that money back or lower your alimony.
Claims involving a new partner
North Carolina recognizes certain claims involving a third party, including alienation of affections and criminal conversation. In some situations, dating before a divorce is final may create legal risk for a new partner.
Taking the right steps
Because dating can affect divorce and alimony issues in North Carolina, it is wise to understand the possible legal consequences before starting a new relationship. Speak with a local family law attorney before starting a new relationship to keep your money and legal claims protect your finances and legal interests.]]>On Behalf of Dickerson Law Firm, P.A.<![CDATA[2 crucial rights you have after an arrest]]>https://www.dickerson-law-firm.com/?p=488312026-08-01T21:58:19Z2026-08-01T21:58:19ZMiranda rights. It is very important to keep these in mind and understand how they affect your options moving forward.
The right to remain silent
First, the police can use anything that you say against you, so you are not obligated to answer their questions. You do have a right to remain silent. They cannot force you to answer or incriminate yourself.
Often, the best option is simply to politely inform the police that you want to use your right to remain silent under the Fifth Amendment. Doing so does not indicate that you are guilty, but simply that you do not want to answer questions at that time.
The right to an attorney
Next, you have a right to an attorney. You should be told that the state will appoint one for you if you cannot afford one. Everyone has the right to legal counsel when facing criminal charges.
This is also important when it comes to answering questions. Many people will eventually talk to the police, but they only want to do so when their lawyer is present to protect them. Police may try to conduct a quick interrogation right after the arrest, but you do have a right to remain silent and wait for your attorney to join you.
The police must respect your rights, even if they believe you are guilty of a crime. Be sure you know exactly what rights and criminal defense options you have.]]>