• A Divorce is a relatively simple lawsuit that can be filed after spouses have been separated for one year with the purpose of obtaining a Divorce Judgment that dissolves a marriage. The suit must be filed on or after the 366th day after separation - 367 days in a leap year. Unlike in other states, the divorce by itself will not resolve issues of custody, child support, alimony and property settlement (equitable distribution.) Hopefully these matters have been resolved by an agreement entered by the parties or by a lawsuit filed well before the years’ period is up. If this is not the case, to protect one’s right to alimony and equitable distribution the spouse seeking these will have to file the claims with the Complaint for Divorce or in a Counterclaim to the Divorce.

North Carolina judges decide child custody cases based on numerous factors. These factors are supposed to allow the Court to determine what custody arrangement is best for the child. what's best for the child. The following factors are few of those considered when making a best-interest determination:

Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. At the law firm of Weaver, Bennett & Bland, P.A. in Matthews, NC, we understand that thinking about the future can be stressful. That’s why we are dedicated to making the estate planning process as clear and straightforward as possible. A well-drafted will provides peace of mind, knowing your assets will be distributed according to your exact specifications.

When you seek medical treatment, you place your trust in a healthcare professional's hands. This trust is built on a legal and ethical principle known as the "duty of care." But what happens when that trust is broken? It can be difficult to know whether a negative health outcome was an unavoidable complication or the result of a medical professional's negligence. At the law firm of Weaver, Bennett & Bland, P.A. in Matthews, NC, we believe in empowering patients with knowledge. Understanding the basics of this legal duty is the first step in recognizing if you may have a medical malpractice claim.

It's one of the most persistent beliefs in family law: that courts are inherently biased toward mothers in child custody cases. While this may have been true in past generations, the legal landscape has significantly evolved. At the firm of Weaver, Bennett & Bland, P.A. in Matthews, NC, we want to clarify that modern custody decisions are not about gender. Instead, they are guided by a single, paramount principle: the best interests of the child. Understanding the factors that contribute to this standard is key.

At the law firm of Weaver, Bennett & Bland, P.A. in Matthews, NC, we often find that people associate lawyers primarily with courtroom battles. While litigation is a crucial part of the legal world, the role of a legal advisor is much broader and often more proactive. A legal advisor acts as a strategic partner, working to protect your interests and help you navigate complex legal landscapes before disputes arise. Our goal is to provide the foresight and guidance necessary for you to achieve your objectives with confidence.

Creating an estate plan is often viewed as something only the wealthy need, but this misconception can leave you and your loved ones unprotected. An estate plan is essential for everyone, regardless of your income or assets. It provides a roadmap for how your affairs will be managed and distributed after your passing, ensuring that your wishes are honored and your family is cared for.

Family law encompasses legal matters that affect family relationships. This area of law addresses issues such as divorce, child custody, adoption, and mediation. It plays a crucial role in resolving disputes and protecting the interests of family members, whether through negotiation, litigation, or mediation.

Facing an ongoing lawsuit can be an overwhelming experience. Whether you are the plaintiff or the defendant, understanding how to prepare for the legal process is crucial. Proper preparation not only helps ground you in reality but also provides a strategic advantage as you navigate your case. At Weaver, Bennett & Bland, P.A., we emphasize the importance of being well-prepared. Here are essential steps to consider as you prepare.

Choosing the right attorney is a crucial step in any legal journey. Whether you’re facing a personal injury case or drafting a will, knowing the right questions to ask can help you assess your attorney's expertise and how they can effectively support your needs.

Many individuals find themselves asking, "Do I need a lawyer for my legal matter?" While some situations may seem straightforward, having an attorney at law by your side can make a significant difference. At Weaver, Bennett & Bland, we recognize that even seemingly simple legal issues can become complicated without proper guidance. If you are facing a family dispute, planning your estate, or dealing with personal injury claims, having a knowledgeable legal advisor can help protect your rights and ensure you are making informed decisions throughout the process.

At Weaver, Bennett & Bland, we understand that the complexities of law can be a lot for many individuals. If you are dealing with a legal issue or simply trying to understand your rights, it is essential to be equipped with the right knowledge. Familiarity with key legal terms can enhance your confidence and enable you to communicate more effectively with your attorney, ensuring that you are actively involved in your legal journey.

Navigating the complexities of estate planning can feel overwhelming for many individuals. At Weaver, Bennett & Bland our dedicated team of estate planning attorneys is here to guide you through the process, making it as smooth and straightforward as possible. We understand the significance of wills and trusts in securing your legacy and protecting your loved ones.

Eminent domain and condemnation are terms often used interchangeably, but they represent distinct legal concepts in property law. Understanding these differences is crucial for property owners who may encounter government actions that affect their land. This blog post will clarify the nuances of eminent domain and condemnation, equipping you with the knowledge to make informed decisions. If you find yourself facing such legal issues, consulting a local attorney at Weaver, Bennett & Bland can provide valuable insights into your situation.

Being involved in a car accident can be a traumatic experience, often leaving victims with physical injuries and emotional distress. Understanding the steps to take in the personal injury auto accident process is crucial to securing the compensation you deserve. At Weaver, Bennett & Bland, P.A., our dedicated team of personal injury lawyers is here to guide you through each stage of your claim.

Pedestrian accidents can lead to severe injuries, and the aftermath can be confusing, especially if the pedestrian is deemed partially at fault. Understanding your rights in such situations is crucial. At Weaver, Bennett & Bland, P.A., our experienced personal injury lawyers are here to help navigate the complexities of pedestrian accident claims.

Navigating a personal injury claim can be complex and overwhelming, especially when you're dealing with the aftermath of an accident. Understanding the legal process is crucial whether you’ve experienced a car accident or a case of wrongful death. With the help of a skilled personal injury lawyer from the team at Weaver, Bennett & Bland, P.A., you can effectively pursue your claim and seek the compensation you deserve.

Accidents and disputes can be overwhelming, especially when you feel you’re not at fault. Many individuals assume they cannot take legal action in such instances, but local laws might prove otherwise. At Weaver, Bennett & Bland, P.A., our experienced attorneys can guide you in pursuing legal action.

Divorce can be one of the most challenging experiences in life, but reaching amicable resolutions can alleviate some of the stress and emotional turmoil. Employing effective strategies and collaborating with skilled professionals can pave the way for a smoother transition. At our divorce law firm, Weaver, Bennett & Bland, P.A. in Matthews, North Carolina, local divorce lawyers are dedicated to guiding you through the process with ease and compassion.

Navigating custody disputes can be emotionally taxing for families, especially when children are involved. The priority in these situations should always be the well-being of the child. A thoughtful approach can help mitigate conflict and ensure that children's needs are at the forefront. At our divorce law firm, Weaver, Bennett & Bland, P.A. in Matthews, North Carolina, our experienced local divorce lawyers are dedicated to guiding you through these challenging times, putting your children’s best interests first.

Divorce significantly impacts family dynamics, often introducing emotional and logistical challenges. From the emotional toll on children to the complexities of separating households, understanding these effects is crucial for all involved. At our divorce law firm, Weaver, Bennett & Bland, P.A., our local divorce lawyers are here to provide the support and guidance you need during this difficult time.

Navigating the complexities of legal action can be daunting, especially when you believe you are not at fault. However, seeking justice is often your right. Whether you're dealing with a personal injury, family law issues, or estate planning, understanding your options is vital. At our Matthews law firm, Weaver, Bennett & Bland, P.A., we’re committed to helping you explore your legal avenues.

When dealing with child-related issues, it’s not uncommon for feelings to run high. At Weaver, Bennet & Bland, P.A., we recognize that understanding custody laws and other family matters can be a daunting experience. Our compassionate team is ready to guide you through the various child-focused legal services designed to support your family.

Navigating the tumultuous waters of personal injury law can feel overwhelming, especially when emotions run high after an accident. At Weaver, Bennet & Bland, P.A., we understand that knowing when to hire a personal injury lawyer is crucial for safeguarding your rights and ensuring you receive the compensation you deserve.

Navigating the aftermath of a car accident can be overwhelming, especially when it comes to filing a claim for damages. At Weaver, Bennet & Bland, P.A., we understand the complexities involved in car accident claims and the vital role a qualified attorney can play in securing the compensation you deserve. Here’s how an attorney at law can effectively assist you during this challenging time.

Estate law encompasses the legal processes involved in managing and distributing an individual’s assets after their passing. It is a crucial aspect of financial planning that ensures your wishes are honored and your loved ones are provided for. At Weaver, Bennet & Bland, P.A., we emphasize the significance of engaging with an experienced estate planning attorney to navigate the complexities inherent in estate planning.

Family law encompasses a myriad of legal issues that impact the most intimate aspects of our lives. At Weaver, Bennet & Bland, P.A., we are dedicated to providing knowledgeable advice and representation for individuals and families navigating the complexities of family law. Understanding what family law entails is essential for anyone dealing with legal challenges related to family dynamics.

Divorce is more than just a legal process; it is a profound life event that alters family dynamics forever. At Weaver, Bennet & Bland, P.A., we understand the multi-layered effects this decision can have on not only the individuals involved but also their children and extended family. As a dedicated divorce law firm, our family law services aim to guide you through this challenging time with compassion and expert knowledge.

Divorce can be a challenging and emotional process. Understanding the nature of your divorce—uncontested or contested—can significantly impact how efficiently you reach a resolution. At Weaver, Bennet & Bland, P.A., we break down the differences to help you navigate your divorce journey.

In today's increasingly complex legal landscape, having skilled legal representation is more important than ever. Whether you're facing family law issues, estate planning, or business matters, a knowledgeable attorney can make a significant difference. At Weaver, Bennet & Bland, P.A., we aim to highlight four key benefits of securing good legal representation.

As a father in North Carolina, it is important to be aware of your rights and responsibilities when it comes to child custody and visitation. At Weaver, Bennett & Bland, P.A., we understand the significance of father's rights and are dedicated to helping fathers navigate the legal landscape. Here are some key rights that fathers have in North Carolina, and contact our family law attorneys in Matthews for a consultation today.

When it comes to child custody, there is no room for mistakes. Weaver, Bennett & Bland, P.A. is a family law firm located in Matthews, North Carolina. Our experienced family law attorneys are well-versed in the North Carolina laws on child custody and can provide you with the guidance you need during this challenging time. Schedule a consultation today.

In North Carolina, child custody is determined based on the best interests of the child. The court takes several factors into consideration when making custody decisions, including:

When it comes to personal injury claims, time is of the essence. In North Carolina, as in many other states, there is a specific time limit within which a person must file their personal injury lawsuit. This time limit is known as the statute of limitations, and it plays a critical role in protecting the rights of both the injured party and the defendant. In this blog post, Weaver, Bennett & Bland, P.A. will delve into the key aspects of the statute of limitations for personal injury cases in North Carolina.

If you've been injured due to someone else's negligence in the state of North Carolina, filing a personal injury claim is your right. Navigating the complexities of the legal process may seem daunting, but with the help of Weaver, Bennett & Bland, P.A., the journey becomes more manageable. In this blog post, we will walk you through the steps of filing a personal injury claim in North Carolina, ensuring you understand your rights and the process involved.

If you've been involved in a personal injury accident in North Carolina, you may be wondering how much your pain and suffering is worth in terms of compensation. At Weaver, Bennett & Bland, P.A., we understand the importance of seeking fair compensation for the physical and emotional toll an injury can take. In this blog post, we will explore how pain and suffering are valued in North Carolina personal injury cases and the factors that influence its worth.

When it comes to personal injury cases, one question that is commonly asked is, "How long does it take to settle a personal injury case in North Carolina?"

At Weaver, Bennett & Bland, P.A., we understand the importance of timely resolution for our clients. In this blog post, we will discuss the factors that can influence the timeline of a personal injury case and provide an overview of the general time frames involved.

One of the most common questions we encounter at Weaver, Bennett & Bland, P.A. is whether North Carolina follows the "50/50 rule" for the division of marital property. It's essential to understand that divorce laws can vary significantly from one state to another, and North Carolina has its own unique approach to property division during divorce. Keep reading to learn more and contact our family law attorneys in Matthews for help.

Navigating the challenging path of divorce can be an emotionally charged journey, marked by heartache and uncertainty. At Weaver, Bennett & Bland, P.A., we understand the profound impact that this process can have on your life and your loved ones. As compassionate advocates, we're here to provide clarity and guidance, addressing one of the most common questions in North Carolina divorce cases: How long do you have to be separated before seeking a divorce? Keep reading to learn more and contact our family law attorneys in Matthews today.

In today's complex and fast-paced world, marriage often faces numerous challenges. While no couple enters a marriage planning for a divorce per se,they may create a premarital agreement for additional protection. It's important to recognize and address the common reasons for marital discord and dissolution.

This blog from the Weaver, Bennett & Bland, P.A. team in North Carolina aims to highlight the most prevalent causes of divorce, emphasizing the need to seek professional guidance from a divorce law firm when considering this life-altering decision. Learn more about if any of the situations below mirror the discord you’re facing and contact us for family court services.

In the realm of family law, matters of the heart require comprehensive legal expertise and unwavering compassion. At Weaver, Bennett & Bland, P.A., our team of expert family law attorneys in Matthews, North Carolina, understands the emotional hardships associated with child-related legal cases. Our goal is to provide prompt resolutions, aiming to minimize the impact on your family during these challenging times. Contact us for a consultation and keep reading to learn more about four of the main child-related legal services.

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When you've been hurt in a car accident, the aftermath can be overwhelming. Injuries, medical bills, and insurance negotiations can quickly become a daunting task. At Weaver, Bennett & Bland, P.A. in Matthews, North Carolina, we understand the complexities of these situations and are committed to providing you with a knowledgeable and responsive legal team. With our history of being creative, tenacious lawyers, we aim to guide you through the legal process and ensure you receive the compensation you deserve.

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Personal injury accidents can happen to anyone. Whether you’re injured in a car accident, slip and fall, or by a defective product, the consequences can be significant. If you’ve suffered injuries in an accident, you may be wondering if hiring a personal injury lawyer is necessary. While not all injury cases require legal representation, hiring an experienced attorney such as Weaver, Bennett and Bland, P.A can provide you with many benefits.

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Estate planning is the process of creating a strategy for the distribution of an individual's assets upon their death, as well as making arrangements for their care in case of incapacity. While many believe that this process is only necessary for the elderly or wealthy, the truth is that everyone can benefit from careful estate planning. At Weaver, Bennett and Bland, P.A., our estate planning attorneys can help you draft wills and trusts that meet your unique needs, including protecting your assets and ensuring your wishes are carried out.

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At Weaver, Bennett & Bland, P.A., we take pride in providing dedicated legal representation to our clients in a variety of legal areas. With over 40 years of experience, our Matthews, North Carolina, firm has built a reputation for excellence by providing our clients with the high-quality legal representation they deserve. Here are some of our services.

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When it comes to estate planning, creating a comprehensive will is one of the most important steps you can take to protect your assets and ensure your wishes are carried out. At Weaver, Bennett & Bland, P.A., our knowledgeable attorneys specialize in estate planning and can guide you through the process of creating a will that meets your unique needs. In this article, we will explore the legal benefits of creating a will with our firm.

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When it comes to child custody cases, there are a lot of factors that judges consider in order to determine the best interest of the child. At Weaver, Bennett & Bland, P. A Law Firm, our family law attorneys have extensive experience in handling these types of cases and understand what judges are looking for. In this article, we will discuss the four factors that judges commonly look for in child custody cases.

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When you’re seeking a divorce, you’re already dealing with a lot of emotions. But in addition to the personal hardships of going through this process, one of the most important questions you’ll want answered is this: “How much will my divorce cost?”

The financial aspect of working with a divorce law firm in Matthews, NC, cannot be ignored, and Weaver, Bennett & Bland, P.A., Inc. can help you navigate this process. One of our main areas of specialty involves family court services, helping clients understand the scope of dissolving a marriage. In this article, we’ll discuss average costs for different types of divorce, as well as factors that can increase the cost of divorce. Contact us directly to schedule a consultation and to learn more about your options!

Do you think you know everything about what constitutes separations in North Carolina? Let’s put your knowledge to the test with a pop quiz. All questions are true/false.

1. You can be separated from your spouse while living in the same house as long as you sleep in separate rooms.

FALSE. To be separated, you must reside in separate residences, not hold yourselves out as being together and at least one of you has to have formulated the idea that you want the separation to be permanent.

2. If you have sexual relations with your spouse during separation, the separation period has to start over again, i.e., the sexual relations terminate the separation.

FALSE. A separated couple can have isolated instances of sexual contact and may even vacation together. It’s the public policy of the State of North Carolina to encourage reconciliation, so limited actions such as the above do not terminate the separation in the hope that they lead to a full reconciliation and moving back in together.

3. It takes only one party to determine that a separation is permanent and may even keep that determination from the other spouse.

TRUE. If a spouse moves to a different city for employment with no intention of separating but after a week or month or a few months decides “hmm, I am enjoying this, I think I want to be separated and then decides “yeah, I am separated” but does not inform the other spouse. Guess what? You are separated. There is case law in NC to that effect. Only one person needs to intend to separate and they need not inform the other spouse; however, it’s a good idea to tell someone in case the date of separation is in dispute. In fact, it is best to inform the other spouse…in writing.

If you’re about to get married and are exploring ways to protect your assets, premarital agreements may be something you're looking into or come across. But you need to have a full understanding of what this legal document entails for your future should anything happen between you and your soon-to-be spouse. Learn more about what premarital agreements mean in court and contact Weaver, Bennett & Bland, P.A. in North Carolina today to speak with our family law attorneys.

Grandparents’ rights vary between states. Because of this, it’s important to understand the statutes your state has surrounding this topic. What is in the best interest of the child is always considered prior to granting grandparents custody or visitation. Below you can find common FAQs regarding grandparents’ rights in North Carolina.

Are there any North Carolina laws that deal with Grandparents’ rights?

Yes

Do I have any rights as a grandparent to force the parents to let me see my grandchildren?

Parents have a constitutionally protected status in relation to the care, custody and control of their minor children. No third party, including a grandparent, has the right to tell an “intact” family with whom their child(ren) may or must associate. An intact family is one where the parents live together or parent and child live together when the other parent is deceased or is a non-custodial parent in a custody order. In the latter instance, grandparents may be lucky enough to see and contact their grandchildren when the grandchildren are with the noncustodial parent, usually, the grandparent’s child. However, if there is an intact family consisting of a parent and child and the grandparents’ child has died, the grandparents do not have visitation rights.

If you don’t have a valid last will and testament, you’re in good company – as of 2017, only 42% of American adults had an end-of-life plan (including a will) in place.

Unfortunately, lacking a valid will doesn’t just mean that your end-of-life wishes may be ignored; it can also place additional strain and stress on your surviving loved ones. Instead of having time and space to grieve your death, they may instead find themselves locked in a messy estate battle with other family members.

Below, we explain the will-drafting process and why having a valid last will and testament is so important.

What Is a Will?

A will is a legal document that sets out the disposition of your assets and property after your death. Wills can also name a guardian for your minor children, establish a trust, and name an executor whose job it is to carry out your final wishes.

Just a few of the actions a will can take include:

• Leaving your property to named individuals, a trust, or charitable organizations.
• Explaining your final wishes (including funeral and burial details) and allocating funds toward them.
• Naming a personal guardian to care for your minor children (if both you and your child’s other parent predeceases them).
• Naming a guardian or other trusted person to control the property you leave to your minor children.

A trust is a fiduciary arrangement that allows a trustee (a third party, not usually the beneficiary), to hold assets on behalf of a beneficiary or beneficiaries. Trusts can be drafted to deal with many situations and issues (e.g., minority, disability, spendthrift, creditor issues of a beneficiary, etc.) and can specify exactly how and when the assets benefit and pass to the beneficiaries. The trustee can be a family member and/or an independent individual or entity and there are advantages to each serving as trustee or to both serving together. While a beneficiary can be a trustee of his or her trust, depending on the circumstances the appointment of a beneficiary may not be appropriate.

A trust can be established for many reasons including, but not limited to, estate tax planning, providing for a second spouse while ensuring that your assets go to your children (issue) upon such spouse’s death, ensuring that a minor, incompetent, disabled, spendthrift, bankrupt beneficiary is provided for while protecting him or her or enable him or her to receive benefits (e.g., Medicaid for nursing home costs of care), estate administration avoidance in one state or multiple states (e.g., revocable living trust), or charitable planning, etc.

Dealing with the estate administration process can be a challenging and emotional time for individuals who have lost a loved one or find themselves named as beneficiaries or personal representatives. At Weaver, Bennett & Bland, P.A., our experienced estate administration attorneys in Charlotte, NC, are here to guide you through this complex journey and help you navigate the legal intricacies of the process. In this blog, we will delve into the realm of estate administration, exploring its various situations, potential complexities, and how our knowledgeable attorneys can offer invaluable support.

Catastrophic injuries are the type of injuries that completely change a person’s life by impacting and changing how they live their life or earn their living. These types of injuries typically involve head injuries, spinal injuries, amputations, or loss of sight or hearing.

How can a catastrophic injury affect me?

Unlike less severe types of injuries, catastrophic injuries frequently have long-term effects which change the entire course of a person’s life and have an impact on all those around the injured person. Long-term medical care or life assistance can put tremendous pressure on an injured person’s family and friends. Catastrophic injuries cause long-term financial burdens.

Motor vehicle accidents work-related injuries, intentional torts, violence, medical negligence, criminal conduct, falls and even a sports injury can be the cause of a catastrophic life-changing injury. If any of these types of serious injuries are caused by the negligence or through the fault of another, then the injured person may be entitled to substantial compensation.

What types of damages can I recover?

The types of damages that an injured person may recover in legal action involving catastrophic are:

Will contests often involve bitter disputes between family members. In some cases, a loved one changed their will after being improperly influenced by another family member or close friend. In other cases, the deceased family member was a victim of Alzheimer’s Disease or dementia, and they didn’t have the mental capacity to properly change their will. Regardless of the situation, the Charlotte will contest and estate litigation attorneys at Weaver, Bennett & Bland are here to help you through this trying time.

Every will contest–or “caveat action” –has facts that are as unique as your family. Our attorneys truly listen to your situation and help formulate a plan to make sure your loved one’s wishes are realized. With over 35 years of experience in caveat litigation, our lawyers know how to build a winning case around the highly specific laws in North Carolina. We typically represent clients who experienced the following:

• Undue Influence: The person signing the will was improperly influenced and taken advantage by a family member or friend. These types of cases typically result in the complete or partial disinheritance of you or your family.
• Lack of Capacity: The person signing the will suffered from a disease that attacked their mental faculties, such as Alzheimer’s Disease or Dementia. When making their will, the person did not completely understand what they were doing. These cases also typically result in the complete or partial disinheritance of you or your family.
• Conflicting Wills: After a loved one’s passing, several conflicting wills are discovered. A detailed review of the competing wills and the complex legal requirements for will validity must be performed.
• Wills that Fail to Meet North Carolina’s Strict Signing Standards: The State of North Carolina creates many specific rules surrounding the validity of wills. For example, if a will was not properly signed or witnessed, there may be issues surrounding its validity.

Eminent domain, also known as land condemnation, is a legal process through which the government acquires private property for public use. While this power can be used for various projects, it is crucial for property owners to understand their rights and potential avenues for recourse.

In this blog, we will explore the key aspects of eminent domain, including how condemnation proceedings work and its application in Charlotte, NC. Additionally, we will highlight the role of Weaver, Bennett & Bland, P.A. in assisting local property owners facing eminent domain issues.