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1 We have made it through another summer. It started off mild and then got hot and then got REALLY hot AND humid. But just when you thought you couldn t take anymore of the heat and humidity, finally we are blessed with some relief. For those of us who have spent our lives here, we know that we live in the Carolinas because of the kind of weather we have right now! For those of us who have moved to the Carolinas, you probably moved here for this kind of weather! Temperatures are nearly perfect and humidity is minimal. So time to plan those weekend trips and enjoy the mild evenings while they last.

2 Getting Involved Volunteering in Your Community Written by Tamara Blankenship, NCCP Want to get involved in your community? Do you need to raise funds for a local charity, raise awareness for a cause, or just raise spirits? Once you start looking, you will find there are endless opportunities to get involved in causes that matter to you right here in Charlotte, Lincolnton, Denver, Concord and other surrounding areas. Seize an opportunity to raise awareness for Cystic Fibrosis. Join a walk or run for Susan G. Komen or the American Heart Association. Get up and make some noise in politics, it doesn t matter if you are democrat, republican or independent. Donate your time to a local humane society or no kill shelter. Or work to enhance arts and culture. The opportunities are infinite. Use your spare time to make a difference. Discover Charlotte area volunteer opportunities at the following sites or google a cause, charity or organization you may be interested in. VolunteerMatch.org ServeNet.org Recently here in Charlotte, due to an overwhelming response by the people of the Carolinas and all over the United States, the volunteer opportunity for the Democratic National Convention exceeded the recruitment goal of 10,000 volunteers and registration to volunteer for the 2012 Democratic National Convention closed much earlier than expected. Get involved and make a difference. The opportunity to help others and stand up for a cause you believe in will enrich your life more than you ever expected. The Bloom is Off the Rose But Do I Really Want to Get Divorced? By Peter McArdle, Esq. You ve heard the statistics. Your college friend got divorced last year. You never wanted to go down that road, but now you are thinking about it for yourself. It s time to visit with an experienced family law attorney. So what kind of information do you need to know?

3 Divorce: In North Carolina, one cannot file for a divorce unless he/she has been separated for at least one year. When it comes time to file for divorce, it generally goes off without a hitch as there really aren t any defenses to a divorce action. Divorce or the formal termination of a marriage is unrelated to fault or misconduct. Of course, there are other issues which are much more pressing and difficult when one is contemplating separation and divorce. They include: Where will I live and can I make him/her leave the home? When property is jointly owned, a spouse cannot generally evict or run off his/her spouse. There are some exceptions, however, related to domestic violence and misconduct. In some cases, this can be the biggest impediment to a separation. In other words, she may not want to leave, and he isn t willing to leave because the separation wasn t his idea in the first place. A good family law attorney can help you in these difficult situations. How much support will I pay/receive if we separate? Financial planning for life after separation is a very important issue to anyone contemplating making this life change. If children are involved, the party with whom the children primarily live will receive child support from the other parent. While child support is for the most part calculated pursuant to a chart, issues often arise in the computation of one s income or the determination of one s ability to earn income. Some separating spouses will receive spousal support or alimony. Others will not. Generally speaking a husband will pay spousal support to his wife if (1) she has a monthly deficit or shortfall; and (2) he has a monthly surplus of funds after covering his monthly expenses and potentially his child support payments. A competent family law attorney can maximize the support you receive or conversely minimize the amount you might pay in the event of separation. How will our assets be divided? North Carolina law says that an equal division is in most cases equitable - or fair. But then the same statute regarding property division goes on to list thirteen factors which might warrant an unequal division of a couple s assets or debts. Before the visit to a family law attorney, take some time to chart your assets and debts. In addition, it is important to ascertain whether certain assets or debts were acquired during or perhaps prior to the marriage. As a general proposition,

4 the assets and debts earned or accumulated during a couple s marriage will be divided as part of either a separation agreement or as part of a court order handed down by a Judge. So Should I Separate or Not? Well, it depends. Separation and Divorce is a major life change, and the decision should not be taken lightly. To the extent that one s number one goal is getting away from an intolerable spouse, then separation and divorce certainly accomplishes that goal. But it is not necessarily a panacea which is always going to make someone happy. In some ways, divorce might mean simply trading in your current problems for a new set of problems. Maybe you ll be better off financially after a divorce but maybe you won t. In addition, some parents struggle with the notion that he/she might not be able to spend every weekend or every Christmas morning, for example, with his/her child. When I meet with my clients in an initial consultation, these are the things that need to be thoughtfully considered and discussed before deciding whether to begin the process. Conclusion Since 1995, I have helped navigate these issues with our clients in Charlotte and the surrounding counties. If you or someone close to you is contemplating separation and divorce, it is vital to seek competent legal representation before making any life-changing decisions. Failure to do so can result in significant negative consequences down the road. The Knox Law Center Welcomes Its Newest Associate, Attorney Heather Piercy Congratulations to Heather Piercy, the newest addition to the attorneys of Knox, Brotherton, Knox & Godfrey at the Knox Law Center. Heather, daughter to Fred and Holly Piercy of Denver, graduated from the Charlotte School of Law on May and recently passed the NC BAR Exam. Staff and attorneys welcomed Heather on Wednesday, August 29 th with a surprise celebratory luncheon in the Charlotte office. Photos are shown below. Congratulations Heather on a job well done! We are proud to have you join our team.

5 Attorneys and Staff of Knox, Brotherton, Knox & Godfrey Heather Piercy and Senior Managing Partner, Eddie Knox

6 From Left: Fred Piercy, Holly Piercy, Eddie Knox, Heather Piercy From Left: Heather Piercy, Allen Brotherton, Esq., Fred Piercy

7 Eddie Knox Speaks at the Charlotte School of Law Written by Heather Piercy, Esq. On September 17 th, Eddie Knox had the pleasure of speaking to a law school class at the Charlotte School of Law. Eddie was asked by the Honorable Judge Jesse Caldwell, an adjunct professor at the law school, to address his class entitled Jury Trials in America: Understanding and Practicing Before a Pure Form of Democracy on the topic of voir dire. Voir dire most commonly refers to the process of questioning potential jurors to build the most favorable jury for a particular case. As an esteemed trial lawyer and a longtime friend to Judge Caldwell, Eddie was delighted at the opportunity to share his knowledge about one of his favorite aspects of jury trials with young aspiring lawyers. Eddie s speech covered everything from his personal Do s and Don t s to his personal experiences with trial juries to his nuggets of advice on how to go far in a career as a trial lawyer. Ultimately, Eddie s message to the students was reflective of his personal philosophy: the key to real success is hard work and caring about the people you represent. Anyone who has met and worked with Eddie over the years knows this fact to be only too true. Eddie Knox and Judge Jesse Caldwell

8 The Lincoln County Chamber of Commerce Annual Golf Outing- September 19, 2012 The Lincoln County Chamber hosted its annual golf outing at Verdict Ridge Country Club on September 19 th and attorneys and staff at the Knox Law Center were among the many participants. Eddie Knox, Allen C, Brotherton, and Michael Knox formed a team along with Eddie s son and Verdict Ridge Club Manager, Scott Knox. The firm sponsored hole 10 where Paralegals Tamara Blankenship, Sherry Crump, and Kathi Gemza handed out beverages to the golfers whose ball landed closest to the hole. Knox Law Center Intern, Micah Scott, was also present volunteering his time to greet golfers and help the Knox Law Center staff. From Left: Eddie Knox, Michael Knox, Scott Knox, Allen Brotherton Micah Scott, Knox Law Center Intern Kathi Gemza, Knox Law Center Paralegal Knox Law Center Intern and East Lincoln High School Senior, Micah Scott

9 Tamara Blankenship, Knox Law Center Paralegal Hole 10, Par 4 Hole Sponsored by Knox Law Center

10 We love to hear back from our readers about our newsletters. So send us an at and let us know what you think. If you would like to be removed from our electronic mailing list or if you have received duplicate s, please let us know by sending an to address above as well. We encourage you to read how our clients are reviewing us. To read client reviews, testimonials, information regarding past cases handled by our attorneys, and for any other information regarding our practice, visit our web sites at or Read Our Reviews on Avvo! Follow us On Facebook Perfecting the Practice of Law Knox Law Center 817 East Trade Street Charlotte, NC P - (704) F (704) Knox Law Center 7476 Waterside Loop Road Denver, NC P - (704) F (704) The information in this should not be construed as legal advice and no attorney-client relationship is established with the firm of Knox, Brotherton, Knox & Godfrey through receipt of this . The firm of Knox, Brotherton, Knox & Godfrey does not support or endorse the policies, services, or information offered by the web site links in this .

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