North Carolina Legal Guides
33 guides covering North Carolina topics, each with Caselaw search beside the article.
Where to search North Carolina lawFree caselaw search for North Carolina — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in North Carolina
North Carolina adverse possession: 20 years, or 7 years with color of title under N.C. Gen. Stat. §§ 1-40, 1-38. Elements, taxes, color of title, and linked North Carolina opinions.
- Can I Get Sued After a Car Accident in North Carolina? Does Fault Matter?
North Carolina car accident lawsuits and fault: contributory negligence (any plaintiff fault can bar recovery) under N.C. Gen. Stat. § 1-139 (pleading); common law contributory negligence, when you can sue or be sued, insurance rules, and the statute of limitations (Three years for personal injury actions under N.C. Gen. Stat. § 1-52(16).).
- Castle Doctrine in North Carolina: Deadly Force Against Intruders
North Carolina castle doctrine: when occupants may use deadly force against home intruders, key statutes (N.C. Gen. Stat. § 14-51.2), presumptions, and leading cases.
- Child Custody and Parenting Time in North Carolina
How North Carolina courts decide custody and parenting time under N.C. Gen. Stat. §§ 50-13.1 to 50-13.7, including best-interests factors, relocation, and modification.
- Deadlines And Timelines In North Carolina Probate
What Are the Deadlines And Timelines In North Carolina Probate? Key deadlines and timelines in North Carolina probate include: Inventory: within 3 months after qualification Claim for elective share: within 6 months after issuance of letter…
- DUI Penalties in North Carolina
North Carolina DUI penalties under N.C. Gen. Stat. § 20-138.1: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in North Carolina? Bail and Pretrial Release Explained
North Carolina bail and bond explained: Right to pretrial release with secured and unsecured bail. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked North Carolina opinions under N.C. Gen. Stat. §§ 15A-533 to 15A-545.
- How Does Eviction Work in North Carolina?
North Carolina eviction / Summary ejectment under N.C. Gen. Stat. Chapter 42 (landlord and tenant; summary ejectment): notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- How Do You Make a Valid Will In North Carolina?
To make a valid attested written will in North Carolina the will must be: In writing Signed by the testator Witnessed by at least two competent witnesses What Is an Attested Written Will In North Carolina? N.C. Gen. Stat. § 31-3.3 de…
- How Do You Prove Undue Influence In a North Carolina Will Contest?
Undue influence is one of the main grounds upon which a caveator (a will contestant) contests a will under North Carolina law . Undue influence has been defined in North Carolina case law as: “[S]omething operating upon the mind of the pers…
- How Do You Revoke a Will In North Carolina?
You can revoke a will under North Carolina law. People often revoke wills because they want to change the people that they have designated to receive their assets, or if they have gone through a major life event, such as marriage, the birth…
- How to Challenge a Will in North Carolina
You can challenge a will in North Carolina on several grounds: Lack of proper formalities Undue Influence Lack of Capacity Revocation Lack of Proper Formalities A will can be challenged in North Carolina for not complying with the requisite…
- How to File a Lawsuit Without a Lawyer in North Carolina: Pro Se Litigation Guide
A practical North Carolina guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint (or magistrate summons / complaint in small claims); how service and Odyssey File & Serve / North Carolina eCourts (county rollout) registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in North Carolina
North Carolina divorce filing guide: At least one party must have resided in North Carolina for 6 months before filing. equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in North Carolina
Paths to shorten or correct a North Carolina prison sentence under N.C. Gen. Stat. §§ 15A-1411 to 15A-1422: modification motions, good-time credits, parole, and post-conviction relief — with linked North Carolina opinions.
- How to Modify Alimony in North Carolina
Step-by-step guide to modifying alimony in North Carolina under N.C.G.S. § 50-16.9: changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- How to Modify Child Support in North Carolina
Step-by-step guide to modifying a North Carolina child support order under N.C.G.S. § 50-13.7; NC Child Support Guidelines (modification section): what counts as a change in circumstances, when changes take effect, and the cases that matter.
- Is Abortion Legal in North Carolina?
North Carolina abortion law after Dobbs: gestational limit. Approximately 12 weeks of gestation, with narrower windows and documentation rules for rape/incest and life/health exceptions thereafter.. Linked statutes and North Carolina opinions.
- Is a Probate Advance Legal in North Carolina?
North Carolina estate law (Chapter 28A) and Clerk of Superior Court supervision shape whether an heir can safely assign part of an expected distribution. Advances are contractual; probate procedure still sets the calendar.
- Living Probate In North Carolina
Living probate in North Carolina allows a person to seek a judicial declaration that his or her will is valid while he or she is alive. Living probate is only authorized in a handful of states, and became available in North Carolina in Augu…
- North Carolina Alimony / postseparation support: Eligibility, Amount, and Duration
How North Carolina courts award alimony / postseparation support under N.C. Gen. Stat. §§ 50-16.1A to 50-16.9: eligibility, statutory factors, duration, and leading cases.
- North Carolina Child Support Guidelines: How Support Is Calculated
How North Carolina calculates child support under N.C. Gen. Stat. § 50-13.4; North Carolina Child Support Guidelines, including the income shares, deviations, modification, and leading cases.
- North Carolina Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to North Carolina evidence law under the North Carolina Rules of Evidence: general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- Partitions and Proof of Marriage in North Carolina
In a January 2020 opinion from the North Carolina Court of Appeals, Lawrence v. Lawrence , the court addressed reimbursement in partition actions and proof of marriage. In this unfortunate fact pattern, a son, Charles, challenged his mom’s …
- Petitioning for Expungement in North Carolina
North Carolina expungement begins with N.C. Gen. Stat. § 17E-25, disclosure of convictions and expungements for the office of sheriff. This guide follows that petition, the records that travel under a different section, and the opinions that have already decided these requests.
- Security Deposit Return in North Carolina
How North Carolina landlords must handle residential security deposits under N.C. Gen. Stat. §§ 42-50 to 42-56: limits, return deadlines, and wrongful-withholding remedies.
- Stand Your Ground Laws in North Carolina
North Carolina stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights North Carolina
North Carolina law affords surviving spouses important rights and benefits, including: Intestate Rights Elective Share Family Allowance Surviving Spouse Rights In North Carolina If No Valid Will - Intestacy When an individual dies without a…
- Testamentary Capacity In North Carolina
The elements of testamentary capacity to make a will under North Carolina law are that the testator: Comprehends the natural objects of his bounty ; Understands the kind, nature and extent of his property; Knows the manner in which he desir…
- What Happens If I Refuse a Breathalyzer Test in North Carolina?
North Carolina implied-consent consequences for refusing a chemical breath or blood test under N.C. Gen. Stat. § 20-16.2, including license suspension and evidence use.
- Who Are Next Of Kin In North Carolina?
Next of kin in North Carolina is defined as “those persons who would take under the law of intestate succession…” See section 41-6.1, N.C. Gen. Stat. In enacting N.C. Gen. Stat. Sec. 41-6.1 in 1967, the North Carolina Legislature made "next…
- Who Can File a Caveat In North Carolina?
Any party interested in the estate may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of the will under North Carolina law. North Carolina G.S. 31-32(a). Who Is “Interested In the Es…
- Who Can Serve as Personal Representative in North Carolina?
The basic requirements to serve as a personal representative (executor or administrator) of an estate in North Carolina are that the personal representative must be: At least 18 years old Of sound mind Literate A non-felon Otherwise suitabl…