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Melissa Averett
NC Board Certified Family Law Specialist
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Biography
I love practicing law. Guiding clients through the stress and upheaval of divorce, a custody battle or the aftermath of a death in the family is position of trust that I take seriously. Drafting an amicable separation agreement, or completing an adoption efficiently with as little drama as possible is equally important. I have been a NC Certified Family Law Specialist since 2009. My law firm handles divorce, custody, child support, alimony, property division, grandparents' rights, domestic violence, tort claims and personal injury, prenuptial and separation agreements, estate planning and administration in Chatham, Orange and Durham counties.
Practice Areas
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
- Domestic Violence
- Domestic Violence Restraining Orders, Victims Rights , Victims Rights
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Probate
- Probate Administration, Probate Litigation, Will Contests
Fees
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- North Carolina
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Languages
- English: Spoken, Written
Professional Experience
- Managing Attorney
- Averett Family Law
- - Current
- Family Law firm representing clients in cases involving divorce, custody, probate, estate planning and personal injury
- Founder and Executive Director
- DVC Legal Services, Inc.
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- Non profit law firm representing indigent domestic violence victims in Orange and Chatham County, NC
Education
- North Carolina Central University School of Law
- J.D. (1998)
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- Honors: Magna cum laude
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Awards
- SuperLawyer
- SuperLawyers
- SuperLawyer
- SuperLawyers
Professional Associations
- North Carolina State Bar
- Member
- Current
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- NC Bar Domestic Violence Committee
- Member
- Current
- Activities: Draft and recommend changes to NC statutes on domestic violence
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- Judicial District 15B bar - Orange and Chatham County
- Member
- - Current
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- NC Bar Association
- Member
- - Current
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Publications
Speaking Engagements
- Domestic Violence Primer, NC State Bar Paralegal CLE, Cary, NC
- Child Support: When Can You Deviate from the Guidelines?, NC Justice Academy CLE, Cary, NC
- Representing Clients Seeking DVPOS and No Contact Orders, NC Centtral University School of Law CLE, Durham, NC
- Child Custody and Domestic Violences, Law to the People Cle, Rlaeigh, NC
- Obtaining Civil Domestic Violence Protection Orders in NC with Professor Deria Hayes, Law to the People CLE, Durham, NC
Certifications
- NC Family Law Specialist
- NC State Bar
Websites & Blogs
- Blog
- Averett Family Law Blog
Legal Answers
298 Questions Answered
- Q. I live in north Carolina is a P. O. A still valid in the state of North Carolina after death or do i need a will
- A: A power of attorney is not effective after death. You need a will. To make sure the will does what you want it to do, you should have an estate planning attorney draft, or at least, review it.
- Q. My spouse filed a DBB against me.We have been physically separated for 1 year and 4 mo. Can I file an absolute divorce?
- A: Divorce from Bed and board in no way tolls the one year separation for eligibility for divorce. You can absolutely countersue for an absolute divorce and schedule it as soon as legally possible. But more importantly what you need to do is consult with an attorney in your area regarding your options.
- Q. im 16 and i live in north carolina.what would happen if i moved out without parental consent?
- A: If you move out before the age of 18 without an order from the court that you are emancipated, your parents can have you declared an undisciplined or runaway juvenile and have you returned to the home by law enforcement. Or they can do nothing but since you're not 18, you can't get a job without their permission, you can't get school paperwork signed without them, you can't apply for college without their cooperation, you can't sign a contract to rent an apartment, or buy a car or get a credit card or open a bank account without their signature. You're an adult when you turn 18 under the law. Almost an adult does not have any legal meaning. Almost an adult is still a minor child under the law.
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