Raleigh Attorney Answers the Most Frequently Asked Questions

If you’re arrested in North Carolina, the most important thing to do is ask to speak with an attorney immediately. Do not answer any questions beyond providing basic identifying information, such as your name and address.

Stay calm, assert your right to remain silent, and wait to speak with a lawyer before discussing anything about your case.

Fight the urge to explain. The police are not your friends, not reasonable, not searching for the truth. Their job is to get convictions. 

Yes. In North Carolina, ignorance of the law is not viewed as a valid defense. 

It is important to consult an attorney if you find yourself in this situation to understand your rights and options.

North Carolina law sets specific guidelines for who can face jail or prison time. Some offenses require mandatory jail time, while others may be resolved with probation, fines, or alternative sentencing. Your prior record also plays a big role in sentencing.

A criminal defense attorney can assess your case, explain the possible outcomes, and fight to keep you out of jail whenever possible.

In North Carolina, bail serves two main purposes: protecting the public and ensuring that you appear in court. To reduce your bail amount, it’s helpful to show the magistrate or judge that you have strong community ties and are not a danger to yourself or others.

If you pay the full bail amount directly (without using a bondsman), you will get your money back at the end of your case, regardless of the outcome. However, if you use a bondsman, their fee is non-refundable.

If you miss a court date in North Carolina, the consequences vary based on the nature of your charge.

For more serious offenses, the court will issue a warrant for your arrest. In traffic or lower-level cases, your license may be suspended, and your case may be marked as “called and failed” or changed to “dismissed with leave” status.

In many cases, the prosecutor may require you to plead guilty before allowing the case to move forward. It’s essential to address a missed court date promptly to avoid additional legal complications.

Yes—you can walk into court and talk to the prosecutor. But should you? Absolutely not.

The prosecutor’s job isn’t to help you, it’s to build a case against you. They’re not your ally, and they won’t stop you from saying something that could be used against you. Anything you say can and will be used to strengthen their case.

A skilled defense attorney ensures that your rights are protected, negotiates on your behalf, and fights for the best possible outcome. When your future is at stake, you need someone in your corner—not across the courtroom from you.

Cooperating with the police can sometimes help, but it’s not guaranteed. In many North Carolina courts, the arresting officer isn’t even present unless your case goes to trial. That means their opinion may not influence the judge or prosecutor. 

At Kurtz & Blum, we conduct a thorough investigation to ensure that any favorable witnesses—whether officers or others—are called when it matters most.

The main difference between a misdemeanor and a felony in North Carolina is the severity of the offense and the consequences. Felonies typically carry more severe penalties, including longer prison sentences and lasting legal consequences.

One of the most significant differences is that a felony conviction can impact your individual rights—for example, your right to own or possess a firearm. Other than domestic violence cases, most misdemeanors do not affect your firearm rights.

Also, being convicted of a felony carries a social stigma that can affect employment and other aspects of life, making it essential to understand the potential impact of your charges.

Yes, you can plead guilty—but should you? A misdemeanor conviction can stay on your record forever and impact your future in ways you may not expect.

In North Carolina, nearly all criminal convictions are permanent. Even a minor misdemeanor—like trespassing—will show up on background checks for life. A conviction could also mean:

• Losing eligibility for federal college grants (for drug-related offenses).
• Being banned from owning a firearm (for misdemeanor domestic violence).
• Having to disclose a criminal record on job applications limits career opportunities.

A skilled attorney can often reduce, dismiss, or negotiate a better outcome for your case, helping you avoid unnecessary damage to your future. Before you plead guilty, make sure you know all your options.

Your old criminal record can still matter, even if the charges were years ago. Prior offenses can affect sentencing, plea deals, and even job opportunities. That’s why having an experienced defense attorney is crucial—we work to minimize the impact of your past and make sure the court sees who you are today, not just who you were then.

At Kurtz & Blum, we understand that past mistakes don’t define you. Whether your record involves youthful mistakes, addiction, or other challenges, we fight to ensure it doesn’t unfairly shape your future.

Yes. In North Carolina, a criminal charge becomes part of your public record even if you are not convicted.

Once you are charged with a criminal offense, the record becomes publicly accessible. It will stay on your record until you take steps to have it expunged.

A dismissal means the charges against you are dropped, but the record of your arrest and charge still exists. This can happen if the prosecutor decides the case isn’t strong enough or if you complete community service, treatment programs, or other conditions. Even with a dismissal, a background check may still show that you were charged, though it will also show that the case was dismissed. Importantly, a dismissal means there is no criminal conviction on your record.

An expungement, on the other hand, erases all traces of the charge as if it never happened. Court and police records are destroyed, making them invisible to background checks. North Carolina law typically allows only one expungement in a lifetime, so if you have other dismissed cases later, those dismissals may still appear on your record.

It depends. Certain charges may qualify for expunction under North Carolina law. A charge is an accusation of wrong doing. A conviction is a criminal charge for which someone has pleaded guilty or been found guilty. A dismissal is a charge that was dropped or where the accused is found not guilty. Some recent dismissals are eligible for automatic expunction, but the process is not always consistent or quick. Older ones require a court order.

In some situations, you might have to submit a petition to get the dismissed charges expunged. A lawyer can assist you through this process and make sure your record is accurately updated.

In such situations, you always have the right to remain silent. However, if you are pulled over while driving, the police have the right to temporarily detain you, ask you to step out of the vehicle and request your driver’s license, registration, and proof of insurance.

It’s important to stay calm, follow instructions, and politely assert your right to remain silent if asked to provide more than your identification and documentation.

Do not agree to a search. If the police ask your permission, it’s because they don’t have the right to do what they are asking to do.

No. Other than providing your name and identifying information, you are not required to answer police questions.

You have the right to remain silent, and you should exercise that right until you have spoken with an attorney.

Yes. Law enforcement may search your vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.

Examples include the smell of illegal substances, visible contraband, or other indicators that suggest criminal activity. However, without probable cause, a warrant or your consent is generally required.

Not sure if you need an attorney? That’s okay—the best way to decide is to talk to one.

At Kurtz & Blum, we offer detailed consultations. You’ll meet with an experienced criminal defense attorney who will review your case, explain the law in simple terms, and walk you through your options. No pressure, no obligation—just the information you need to make the right decision.

A good criminal defense attorney should do more than just show up in court—you should expect clear communication, legal expertise, and a strategy tailored to your case.

• Keeping You Informed – You deserve to understand your charges, possible defenses, and all legal options. No attorney can guarantee an outcome, but they should ensure you’re never in the dark about what’s happening and what’s at stake.
• Legal Knowledge & Local Insight – While North Carolina criminal law is the same statewide, each judicial district operates differently. A strong defense attorney knows not just the law but also how local prosecutors and judges handle cases.
• Team-Based Advantage – At Kurtz & Blum, PLLC, you don’t just get one lawyer—you get the experience of an entire legal team. With multiple criminal defense attorneys focused on a few key counties, we know these courthouses inside and out, giving you the advantage of experience and local knowledge.

At Kurtz & Blum, our criminal defense attorneys have handled everything from misdemeanor drug charges to first-degree murder—and nearly everything in between. With experience in multiple counties and federal court, there’s a strong chance we’ve worked on a case like yours. 

That said, every case is unique. We develop strategies tailored to your specific situation, ensuring the best possible defense.

When you hire us, you’re not just getting one attorney—you’re getting the combined knowledge and experience of our entire legal team. We collaborate, analyze legal nuances, and build the strongest possible defense for trial or negotiation.

We’re not the cheapest attorneys in town—because we offer more than just legal representation. At Kurtz & Blum, you’re paying for experience, knowledge, and a team that’s always there when you need us.

Our firm has multiple criminal defense attorneys with decades of combined experience. We don’t just know North Carolina law—we know how cases are handled in different counties, and that insight can make all the difference in your defense. 

Unlike solo attorneys, we have a team-based approach, meaning that if your attorney is unavailable due to an emergency, another experienced lawyer will be ready to step in. Your case won’t be left waiting.

We provide the resources of a larger firm while still giving you the personal attention you deserve. When your future is on the line, cutting corners isn’t an option. Some things are worth the investment—your defense is one of them.

For simple traffic violations like speeding or seatbelt tickets, we can usually provide a price quote over the phone. But for more serious criminal charges, we prefer to meet in person. Every case is different, and our fees depend on the complexity of your situation and the work involved. An in-person consultation allows us to understand your case fully while protecting your privacy.

Our initial consultation is free, and there’s no obligation. Just bring any relevant paperwork—such as your charge, warrant, or release conditions—so we can assess your case accurately. Contact us to schedule a time that works for you.

To check if your North Carolina driver’s license is suspended, you can log into your account on the myDMV portal. This site will show your current license status and any active suspensions.

You can also request a copy of your driving record online through the NCDOT payment portal or directly from the DMV. Reviewing your record is a good way to understand any issues that may affect your driving privileges.

If you're caught driving with a suspended license in North Carolina, the consequences increase with each offense.

Here’s what you can expect:

• First offense: A new one-year suspension will be added to your license.
• Second offense: The suspension increases to two years.
• Third offense: Your license may be permanently revoked.

These penalties are in addition to any fines or criminal charges you may face. If you’ve been charged with driving while suspended, it’s important to speak with an attorney right away to understand your options and protect your driving privileges.

In North Carolina, you may be eligible for a limited driving privilege—often called a hardship license—but only in very limited circumstances. Not everyone who has a good reason to drive will qualify.

Eligibility depends on factors like the reason for your suspension, your driving history, and whether you've met certain legal requirements.

Reinstating your driver’s license in North Carolina is complicated and depends on the reason it was suspended. 

You may need to:

• Pay outstanding fines
• Resolve old tickets
• Request a DMV hearing
• Reopen a past conviction to change the outcome
• Wait out a suspension period

Because the process can be complex, it’s a good idea to have your driving record reviewed by an attorney who can guide you through the next steps.

Requesting a DMV hearing in North Carolina depends on your specific situation. Not everyone with a suspended license needs a hearing—and not everyone who does is immediately eligible for one.

Depending on your case, you may need to:

• Go through an interview process with the DMV to determine eligibility
• Submit a formal request form
• Pay the required fee

Because the process varies, the best first step is to speak with an attorney who can evaluate your situation and let you know whether a hearing is necessary—and how to pursue one if it is.

It depends on the type of hearing. DMV hearings vary based on the reason for your suspension.

You may face one of the following:

• A hearing where you testify before a DMV Hearing Officer
• A more formal setting where you and other witnesses provide testimony
• A three-person panel (including two physicians) for health-related suspensions

After hearing the testimony, the officer or panel will decide whether to restore your driving privileges. In some cases, they issue a decision right away. In others, the outcome is sent by mail after further review.

If you’ve been denied at a DMV hearing before, don’t give up—you can try again.

Many people go into their first hearing unprepared for the detailed questions the hearing officer will ask. Success often comes down to preparation. At Kurtz & Blum, PLLC, we help clients anticipate these questions, present strong evidence, and demonstrate real changes that improve their chances of getting their license back.

If you’re serious about doing it right this time, we’re ready to help.

Yes, you can still win a DMV hearing—but you’ll need to prove that you drink responsibly and never drive after consuming alcohol.

The key to success is demonstrating that you understand the seriousness of impaired driving and have made lasting changes to prevent it. If the hearing officer believes you pose any risk of driving under the influence again, your chances of reinstating your license drop significantly.

Not exactly. Even if you win your DMV hearing, you won’t walk out with a full license that day.

In most cases, you’ll receive a conditional restoration of your driving privileges. This could mean:

• A restricted license with a curfew.
• An ignition interlock device that requires a breath test before you can start your car.
• For medical-related suspensions, a DMV panel may require a follow-up medical exam within a year to confirm your condition is under control.

Each case is different, but the key takeaway is that license restoration is usually a gradual process—not an immediate one.

Yes, you can still have a DMV hearing even if you no longer live in North Carolina.

Most states won’t issue you a new driver’s license until your North Carolina suspension is cleared. You may need to travel back for the hearing, but we can often schedule it at a time that works for you.

If your hearing is successful, North Carolina will issue a clearance letter, which should allow your home state to restore your driving privileges.

Driving without a valid license puts your chances of getting it back at serious risk.

In North Carolina, driving is a privilege, not a right. At a DMV hearing, the officer will want proof that you’ve respected the law by completely refraining from driving. If they find out you've been driving "on the sly," it could ruin your chances of ever restoring your license.

Yes, your license can be permanently revoked in North Carolina. But that doesn’t always mean you’ll never be allowed to drive again.

In most cases, if you follow the rules and stay off the road for a significant period of time, you may become eligible for a DMV hearing to request the restoration of your driving privileges.

While lifetime bans do exist, they are rare. An experienced attorney can help you understand your eligibility and guide you through the restoration process if you're ready to try getting back on the road.

A Felony Habitual DWI conviction in North Carolina means a permanent loss of your driver’s license—there’s no way to get it back. 

State law strictly prohibits any hearing or process to restore your driving privileges.

Yes, North Carolina shares license suspension information with other states, and most states will honor suspensions issued elsewhere.

If your license is suspended in one state, it can affect your driving privileges in another. However, it may take time for the suspension to be reported and processed across state lines.

If you're accused of domestic violence in North Carolina, you will have to appear in court to answer the charge. If you're convicted, the consequences can be serious. You may be placed on probation or sentenced to jail or prison, depending on the circumstances of your case.

Additional consequences include:

• A permanent criminal record—domestic violence convictions cannot be expunged
• A lifetime federal firearm ban
• A no-contact order, which may prevent you from communicating with the alleged victim

Because these consequences can last a lifetime, it’s critical to have a qualified attorney who can help you understand your rights and defend your case effectively.

In North Carolina, domestic violence may be charged as either a misdemeanor or a felony, depending on the specific allegation.

Some examples include:

• Misdemeanors: Assault on a Female, Misdemeanor Crime of Domestic Violence
• Felonies: Assault by Strangulation, Assault with a Deadly Weapon Inflicting Serious Injury

All of these are considered crimes of violence, and convictions cannot be expunged—they will remain on your record permanently.

Given the lasting consequences, it’s crucial that these cases are handled properly and with the help of an experienced and knowledgeable attorney.

Yes, you can be arrested for domestic violence in North Carolina even without physical evidence.

Most criminal cases—including domestic violence—are prosecuted based on the word of a single witness. While physical evidence can help support a claim, it is not required for an arrest or conviction. In fact, the majority of domestic violence arrests and convictions are based on one person’s statements alone.

The penalties for a domestic violence conviction in North Carolina depend on the specific offense. Because domestic violence includes a wide range of charges—from misdemeanors to serious felonies—the consequences may range from probation to years in prison.

Additional consequences can include no-contact orders, restrictions on firearm ownership, and a permanent criminal record.

These cases carry serious, lasting consequences. Feel free to call us to discuss your options and understand the potential impact of a conviction.

In North Carolina, whether a domestic violence charge stays on your record depends on the outcome of the case.

• If the case is dismissed, we can help you apply to have it expunged from your record.
• If you are convicted, the charge cannot be expunged and will remain on your record permanently.

Because a conviction can carry lasting consequences, it's important to speak with an experienced attorney about your options.

A 50B order in North Carolina is a Domestic Violence Protective Order (DVPO) issued against someone with whom the petitioner has or previously had a personal relationship.

This temporary restraining order usually lasts for up to one year and may require the defendant to:

• Stay away from the plaintiff’s home, work, or school
• Avoid any form of contact, including through third parties or social media

A 50B order is meant to provide legal protection in situations involving threats, harassment, or abuse.

The key difference between a 50B and a 50C order in North Carolina is the relationship between the parties and the nature of the alleged conduct.

• A 50B order applies to people who are family members, live together, or have been in a romantic relationship.
• A 50C order applies to strangers or non-household acquaintances in cases involving stalking or sexual assault.

Both are designed to protect individuals, but they apply in different legal situations.

In North Carolina, a 50B protective order typically lasts for one year.

After that, the court can renew the order for up to two years at a time if continued protection is needed. There’s no limit to how many times a 50B can be renewed.

If you’re looking to renew or challenge a 50B order, an attorney can help you understand your rights and guide you through the process.

If someone violates a 50B order in North Carolina, they can be arrested immediately.

Depending on the situation, the violation of a 50B or 50C order may also result in:

• Probation
• Jail time
• Being held in contempt of court, which may carry additional penalties

If you’re involved in a case where an order has been violated (or you’ve been accused of violating one) it’s important to speak with an attorney right away to protect your rights and understand your options.

Absolutely. You can fight a 50B or 50C order filed against you in North Carolina.

The plaintiff must prove their case before a judge can issue a restraining order that limits your liberty. You have the right to:

• Present evidence and testimony in your defense
• Challenge the plaintiff’s claims in court
• Pursue a negotiated resolution, in some cases, without going to a full hearing

These cases can carry long-term consequences. Call Kurtz & Blum to discuss your options and build the strongest possible defense.

If you’ve been charged with DWI, the first thing you need to do is contact an attorney. A skilled DWI lawyer can help protect your rights and fight for the best possible outcome.

To strengthen your case, write down everything you remember about the arrest while the details are still fresh. Key facts include:

• Why the officer pulled you over
• What questions did the officer ask
• Whether you were informed of your Miranda rights (your right to remain silent and have an attorney)
• Which field sobriety tests were you asked to perform
• Your BAC result, if you took a breath test

The more details you can provide your attorney, the better they can defend you. Acting quickly is crucial—don’t wait to get legal help.

In North Carolina, there’s no legal difference between DWI and DUI—they refer to the same offense.

Some states distinguish between Driving While Impaired (DWI) and Driving Under the Influence (DUI), but North Carolina law uses only DWI to cover all forms of impaired driving. So whether you’re searching for a DWI lawyer or a DUI attorney, it means the same thing in this state.

For more details, watch this video.

Field Sobriety Tests (FSTs) aren’t designed to "prove your innocence"—they’re used to gather evidence against you.

There are two types of FSTs:

Standardized Field Sobriety Tests (SFSTs) – These include:

• Walk-and-Turn Test
• One-Leg Stand Test
• Horizontal Gaze Nystagmus (eye test)

Non-Standardized Field Sobriety Tests – These may include:

• Finger Dexterity Test
• Alphabet Test
• Romberg Balance Test

For SFSTs, officers must follow strict procedures. If they fail to do so, your attorney may be able to challenge the test results, potentially getting them excluded from evidence—making it harder for the prosecution to prove you were impaired.

Yes. These tests are voluntary, and you are not legally required to perform them. However, refusing a field sobriety test may raise suspicion and could be used against you later in court.

In North Carolina, refusing a roadside portable breath test (PBT) doesn’t result in a penalty. But, if the officer has probable cause to believe you are driving while impaired, they may request a breathalyzer test at the police station or a blood draw.

Refusing these tests will lead to a one-year license suspension. In some cases, you may be eligible for a limited driving privilege after serving six months of the suspension, as long as no other revocations are in effect.

No, you can still be convicted of DWI even without a breath test or BAC reading.

In North Carolina, the District Attorney can prove impairment in two ways:

• By presenting a BAC result from an EC/IR-II test.
• By proving “appreciable impairment”—meaning the officer’s observations, field sobriety tests, and professional opinion can be enough to convict you.

While cases without a BAC result are harder for the prosecution, they can still lead to a conviction. A strong legal defense can challenge the officer’s observations and fight for the best possible outcome.

No, a BAC over 0.08 doesn’t automatically mean you’re guilty of DWI.

If guilt were automatic, there would be no need for a trial. Your attorney can challenge the BAC result in several ways, including:

• Raising reasonable doubt about whether you were actually impaired.
• Examining procedural errors—Officers must follow strict steps before administering the EC/IR-II test.
• Suppressing evidence—If law enforcement failed to follow proper protocol, your BAC result may be inadmissible in court.

A skilled DWI attorney can analyze the details of your case and fight for the best possible outcome.

Fighting a DWI charge is possible, and your attorney can challenge the case at three key stages:

• The Traffic Stop – The Police must have a legal reason to stop you, such as a traffic violation or erratic driving. If the stop was unlawful, your attorney can argue for a dismissal.
• The Arrest – To arrest you for DWI, the officer must have probable cause based on their observations, your driving, and field sobriety test results. If your attorney proves the evidence didn’t justify an arrest, the case may be dismissed.
• The Trial – The District Attorney must prove beyond a reasonable doubt that you were impaired. This is the highest legal standard, and your attorney can challenge breath test results, officer testimony, and any weaknesses in the prosecution’s case.

A strong defense can make a real difference. A DWI charge doesn’t automatically mean a conviction—knowing your rights and having an experienced attorney can help you fight back.

In North Carolina, DWI charges can’t be reduced to a lesser offense like reckless driving. State law prevents prosecutors from lowering a DWI charge, meaning if you plead guilty or are convicted, it will stay on your record as a DWI.

Even if you can’t completely avoid a DWI charge, hiring a lawyer can still make a big difference. Here’s why:

• Legal Knowledge & Strategy – A DWI attorney understands North Carolina’s complex DWI laws and knows exactly what officers must do during an arrest. If there are weaknesses in your case, we’ll find them.
• Fighting for a Not Guilty Verdict – If you have a strong case, we’ll take it to trial and fight for an acquittal.
• Negotiating a Better Outcome – Even if the trial isn’t in your best interest, a skilled lawyer can work to reduce penalties, minimize fines, or explore alternative sentencing options that you might not get on your own.

The bottom line? A DWI attorney gives you the best chance of protecting your record, your license, and your future.

It’s rare for a DWI to be reduced to a lesser charge, such as reckless driving. Prosecutors may consider lowering the charge in specific situations, but it’s not common practice.

If you’ve lost your license for 30 days due to a DWI charge, you won’t be able to drive at all for the first 10 days. However, starting on day 11, you may qualify for a limited driving privilege that allows you to drive for work or essential needs.

To apply, you’ll need:

• A certified copy of your driving record
• A DL-123 form from your insurance company
• A Substance Abuse Assessment from a drug and alcohol counseling center
• A signed letter from your employer (on company letterhead) if you need to drive outside standard hours (6:00 AM – 8:00 PM, Monday through Friday)
• $100 filing fee

Bring these documents to us, and we’ll take care of the rest—helping you get back on the road as soon as possible.

In most cases, no—but there are some exceptions.

North Carolina is an implied consent state, meaning that by driving, you automatically agree to chemical testing if charged with a DWI. Refusing the test results in an automatic one-year license suspension.

You can appeal the suspension by requesting a DMV hearing, and if denied, you have 30 days to request a hearing in Superior Court.

Under certain conditions, you may qualify for a limited driving privilege after serving six months of the suspension. To be eligible, you must:

• Have no DWIs or prior refusals in the last seven years.
• Ensure the DWI charge did not involve death or serious injury.
• Have no additional implied consent offenses after the refusal.
• Complete a substance abuse assessment and any required treatment.
• Ensure the DWI charge is resolved with no conviction or a Level 3, 4, or 5 DWI conviction with at least one probation condition met.

Each case is unique, so speaking with an experienced DWI attorney can help determine your best options.

Yes, you may qualify for a limited driving privilege that allows you to drive for work, school, or other essential needs—even during your license suspension.

To apply, you’ll need:

• A certified copy of your driving record
• A DL-123 form from your insurance company
• A Substance Abuse Assessment from a drug and alcohol counseling center
• A letter from your employer (on company letterhead) if you need to drive outside the standard hours of 6:00 AM – 8:00 PM, Monday through Friday
• $100 filing fee

Bring these documents to us, and we’ll help you secure your limited driving privilege as quickly as possible.

In North Carolina, drivers under the age of 21 can be charged with Driving While Consuming if they have any alcohol in their system. This offense is classified as a Class 2 misdemeanor, which carries a maximum penalty of 60 days in jail.

If the underage driver is found to be impaired, the charges and penalties can be much more severe, potentially including a standard DWI charge.

In North Carolina, a DWI conviction will stay on your record permanently. Once convicted, it cannot be expunged or removed, no matter how much time has passed.

If you are arrested for DWI in North Carolina but live in another state, you may face consequences in both states. North Carolina will impose its own penalties, including potential license suspension. Additionally, your home state may also suspend your driver’s license based on the NC conviction.

It’s a good idea to consult with attorneys in both North Carolina and your home state to fully understand the impact and protect your driving privileges as much as possible.

In North Carolina, you are legally separated when you and your spouse live in separate residences with the intent to end the marital relationship.

There’s no need to file paperwork to be considered legally separated. However, both the physical separation and the intent to separate must be present. Simply sleeping in different rooms or staying elsewhere temporarily does not qualify.

Yes, you can still move forward with divorce if reconciliation doesn’t work—but it depends on the circumstances.

North Carolina defines the resumption of marriage as a true renewal of the relationship, not just an isolated event. This means:

• Occasional intimacy during separation does not restart the separation clock.
• Spending a night together does not automatically cancel out the separation period.
• Moving back in together and resuming the marriage (sharing finances, daily life, etc.) will restart the one-year separation if you separate again.

It’s not uncommon for spouses to try to work things out during separation, and North Carolina law encourages reconciliation. However, if you truly want to resume your marriage, you may need to restart the separation period before filing for divorce.

No, both spouses do not have to agree to separate or get a divorce.

In North Carolina:

• Only one spouse needs to intend to separate. As long as you live separately and apart, the one-year separation period can begin.
• After one year of separation, either spouse can file for divorce—no agreement is required.
• However, before leaving the marital home, it's important to take legal precautions to avoid claims of abandonment.

An experienced attorney can help you navigate separation and divorce while protecting your rights.

No, a separation agreement is not legally required to file for divorce in North Carolina. However, having one in place can be helpful.

A separation agreement can:

• Resolve key issues like property division, spousal support, and child custody without going to court
• Prevent future disputes that could lead to costly and time-consuming litigation
• Reduce stress by providing clarity and structure during an emotionally difficult time

While not mandatory, a separation agreement can make the divorce process smoother and more predictable. 

No, you don’t have to wait a full year to address alimony or property division.

As soon as you and your spouse separate, you can:

• File for Equitable Distribution (property division), alimony, or post-separation support.
• Negotiate a separation agreement to resolve property and financial matters without going to court.

By the time your one-year separation is over, many of the major issues can already be settled—making the final divorce process much simpler.

No, an affair does not automatically qualify you for divorce in North Carolina.

However, you may have legal options, including:

• Divorce from Bed and Board – This is a court-ordered separation based on marital misconduct, but it is not an absolute divorce.
• Alimony Claims – If your spouse’s affair caused financial harm, you may be able to seek alimony based on marital wrongdoing.

To file for an absolute divorce in North Carolina, you and your spouse must have lived separately for at least one year with the intent to remain apart.

No, you don’t have to hire an attorney to get a divorce—but doing it yourself comes with risks.

North Carolina offers a Do-It-Yourself Absolute Divorce kit through the Clerk of Court, but court staff can’t help you fill it out. The process may seem simple, but even small mistakes—like filing incorrectly or missing key steps—can result in your divorce being denied.

More importantly, filing for divorce without legal guidance could mean giving up important rights. If issues like property division, spousal support, or child custody aren’t properly addressed beforehand, you may lose the ability to bring them to court later.

A divorce attorney ensures everything is handled correctly the first time—protecting your rights, avoiding costly mistakes, and giving you peace of mind.

In North Carolina, you must be legally separated for at least one year before you can file for divorce. Once you file, the divorce typically takes about 60 days or more to be finalized, depending on the court’s schedule and whether the case is uncontested.

While the waiting period before filing is fixed, the timeline after filing can vary.

The cost of divorce depends on your situation.

Divorces can involve multiple factors, including:

• Child custody and support
• Spousal support/alimony
• Property division (equitable distribution)
• Emergency hearings or restraining orders (in some cases)

Because every divorce is different, the cost varies. At Kurtz & Blum, PLLC, we bill only for the work we do—at an hourly rate—with detailed monthly statements so you always know where your money is going.

For the final absolute divorce, we may offer a reduced flat rate in certain counties, including Durham, Franklin, and Wake. Other counties may be hourly or flat-rate, depending on local procedures.

Call us to discuss your case, and our experienced attorneys will guide you through your options.

In North Carolina, marital property generally includes any assets or debts acquired by either spouse after the date of marriage and before the date of separation.

This means:

• Property acquired before marriage is typically considered separate property
• Property acquired after separation is also generally considered separate, but can also be subject to distribution depending on the character of the property.
• Marital property is what gets divided in equitable distribution during divorce

However, there are many exceptions to these general rules. Certain assets may be partially marital and partially separate, and how they’re treated can vary. That’s why it’s important to speak with a family law attorney who can evaluate your specific situation.

Yes, alimony is available in North Carolina. It depends on the financial relationship between the spouses.

To qualify, one spouse must be considered financially dependent, meaning they can’t meet their reasonable needs without support from the other spouse.

Whether alimony is awarded (and how much) is decided by a judge after a hearing where both parties’ incomes, financial obligations, and circumstances are reviewed. The court has broad discretion in determining whether to award alimony, for how long, and in what amount.

In North Carolina, child custody can be decided either by agreement between the parents or by a court order, depending on whether the parents can resolve the issue on their own.

Here’s how it typically works:

• By agreement: Parents can work out custody terms and present a consent order to the court for approval.
• By court decision: If no agreement is reached, the parties must attend mediation. If mediation fails, the case will go to court.
• At trial, the judge will determine custody based on what is in the best interests of the child, and the court has broad discretion under the law when making that decision.

Whether by agreement or court decision, having an experienced attorney can help ensure your child’s needs are represented.

In most cases, a child’s opinion does not decide custody.

Custody disputes can be stressful for children, and courts generally prefer to protect them from involvement. Children should feel secure with both parents and not be put in a position where they have to "choose" one over the other.

However, in certain situations, a judge may consider a child’s preference—especially if the child is mature enough to express a well-reasoned opinion about where they want to live. Even then, the final decision is based on what the court determines to be in the child’s best interests, which may not always align with the child’s wishes.

If you and your child’s other parent can’t agree on a visitation schedule, the court can step in to establish one.

In North Carolina, most custody cases require:

• Orientation and court-ordered mediation before going to a hearing (unless there’s an emergency).
• A judge’s decision if mediation doesn’t result in an agreement.

While your attorney can’t attend mediation with you, meeting with them beforehand can help you prepare for key issues. If mediation fails, your attorney will present your case to a judge, who will issue a custody order that both parents must follow.

A family law attorney can help you navigate this process and fight for a fair custody arrangement that protects your child’s best interests.

Without a custody order or notarized agreement, both parents have equal custody rights.

If one parent is refusing visitation or you believe the other parent should not have access to your child, legal action may be necessary. The courts aim to protect children from being caught in a custody battle, but if the other parent is acting unreasonably, you should consult a custody attorney to determine your options.

Depending on the situation, you may need to:

• Request an emergency hearing if your child’s safety is at risk.
• File for temporary and permanent custody to establish clear legal rights and stop the back-and-forth.

A family law attorney can help you take the right legal steps to protect your child and secure your custody rights.

Yes, you can handle child custody and visitation without going to court—as long as both parents agree.

The best way to do this is by creating a Custody Consent Order, a legally binding agreement that outlines visitation and custody arrangements in detail. A family law attorney can help ensure the order is properly drafted, preventing future disputes and misunderstandings.

While verbal or informal agreements may work in the short term, they don’t hold the same legal weight as a court order. If custody issues arise later, a well-drafted agreement can protect both you and your child.

In North Carolina, child support is calculated using fixed guidelines set by state law. The amount is based primarily on:

• The combined income of both parents
• The number of children
• Certain allowable expenses, such as health insurance premiums and work-related childcare costs

Once those factors are entered, the guideline amount is automatically determined. Other personal expenses—like rent, debt, or lifestyle—are generally not considered in the calculation.

Yes, both child custody and child support orders can be modified in North Carolina—but only if there has been a substantial change in circumstances.

Examples of changes that may qualify include:

• A significant increase or decrease in a parent’s income
• A change in the child’s needs or living arrangements
• The passage of three years since the entry of the last child support order

What counts as a "substantial change" depends heavily on the facts of your case. 

In North Carolina, grandparents have limited visitation rights—and only in specific situations.

The most common scenario is when there is an ongoing custody dispute between the child’s parents. In that case, grandparents may be able to intervene in the custody case and request visitation.

However, if no custody action is pending or if the family is intact, grandparents typically do not have an independent right to seek visitation.

Whether you need to go to court for a speeding ticket in North Carolina depends on the severity of the ticket. In many cases, especially for minor ones, an attorney can represent you through a waiver, meaning you do not have to appear in court personally.

Having legal representation can save you time and reduce stress, especially if your ticket can be resolved without your presence.

In North Carolina, speeding tickets can sometimes be dismissed, but it is more common for them to be reduced. 

The possibility of dismissal usually depends on the specific circumstances of the case, such as errors on the ticket or a strong legal defense.

Some traffic tickets can be dismissed, but it depends on the charge and the prosecutor.

What Factors Affect Dismissal?

• The Charge Itself: Certain violations, like failing to reduce speed to avoid an accident, may be dismissed if you can show proof that your insurance is covering the damage.
• Prosecutor Policies: Each prosecutor has different rules. In Wake County, for example, speeding tickets are rarely dismissed but may be reduced to "improper equipment" under strict conditions.
• Legal & Local Knowledge: A skilled traffic attorney who understands local court policies can find the best strategy to minimize or avoid penalties.

At Kurtz & Blum, we use our legal experience and local insight to negotiate the best possible outcome—whether that’s a reduction, dismissal, or another option that helps protect your license and insurance rates.

A Prayer for Judgment Continued (PJC) is not the same as a dismissal.

A PJC means you are found guilty, but the court does not enter a conviction. When used correctly, it can prevent fines, driver’s license points, and insurance rate increases. However, PJCs have limitations and may not always be the best option.

Key Things to Know About PJCs:

• Limited Use: You can use only two PJCs every five years for a standard Class C driver’s license.
• CDL Holders Get No Benefit: If you have a commercial driver’s license (CDL), a PJC won’t help with speeding tickets.
• Insurance Policy Limits: A PJC can be used only once every three years per insurance policy. If someone else on your policy has used one recently, yours won’t prevent a rate increase.

Many drivers assume a PJC will help, but in some cases, it can actually hurt. A skilled traffic attorney will check your record and explore all options before using a PJC—because they are limited, they should be treated as a valuable resource.

An “Improper equipment” is a non-moving violation that does not add points to your DMV record or impact your insurance rates. This means you won’t face an increase in insurance premiums or risk a license suspension.

Attorneys often recommend seeking an improper equipment reduction because it’s a much better alternative to a moving violation, especially when trying to protect your driving record and insurance costs.

It depends on the type of violation. Offenses—such as speeding, reckless driving, or DWI—can lead to significant rate hikes.

Your driver’s license may be suspended if you accumulate 12 or more points within three years. If your license has been recently reinstated after a prior suspension, the threshold is lower—only 8 points within that time frame.

Accumulating points from traffic violations can add up quickly, so it’s essential to be mindful of your driving record to avoid suspension.

If you ignore a traffic ticket in North Carolina, your driver’s license will be suspended indefinitely. Failing to address the ticket or missing a court date can result in additional penalties, including fees and possible arrest.

Consulting a traffic attorney can help you resolve the issue and protect your driving privileges.

Driving on a suspended or revoked license is a serious offense with severe consequences.

If caught, your license could be revoked for an additional year—even if your original suspension was only 60 days. Police officers can easily detect a suspended license by running your plate, leading to a traffic stop and additional charges.

If your license is suspended or revoked, don’t risk it. Contact us to explore options for restoring your driving privileges or obtaining a limited driving privilege during your suspension.

A limited driving privilege allows certain drivers with a suspended license to drive for specific purposes, as approved by the court. These may include:

• Court-ordered treatment or assessment
• Court-ordered community service
• Medical emergencies

Not everyone qualifies, and the process can be complex. Our experienced attorneys can determine your eligibility and, if available, help you take the necessary steps to regain limited driving privileges.

Paying a traffic ticket might seem like the easiest option—but it can cost you much more in the long run.

Why Paying a Ticket Can Be a Mistake:

• Points on Your Driving Record – Most traffic violations add points to your record, leading to higher insurance rates.
• Compounding Costs – Another ticket within three years could increase fines and insurance rates even more.
• Risk of License Suspension – One serious violation (like driving 15+ mph over the speed limit) can trigger an automatic 60-day license suspension.
• Legal Complications – Once a ticket is handled incorrectly, fixing the problem can become complicated and expensive.

An experienced traffic attorney can review your driving record and find the best way to handle your ticket—often avoiding points, fines, or even dismissal.

Yes, you can pay your traffic ticket online in North Carolina. The state offers an online payment system via Wake County’s Online Court Portal. Once you access the link, you should follow these steps:

1. Click make payment
2. Enter your case number below, which will show you the court costs
3. Select your case and click continue
4. Agree to the terms and click Add Payment Details
5. Submit payment