Attorney Jonathan Breeden takes the time to explain complex divorce issues so that you can make informed decisions. You’ll always know your rights and options.
To schedule an initial consultation of your case, contact Breeden Law Office at (919) 809-6599.
No matter how agreeable the situation, divorce is always emotional and messy. This is especially true when money, debts, and children are involved. A divorce lawyer prepares you for ending your marriage by explaining the law, your rights, and your options.
Attorney Jonathan Breeden will talk with you about:
More importantly, a lawyer helps you negotiate better terms and protect your finances. The outcome of the divorce will impact your future. And if your relationship deteriorates or negotiations break down, your lawyer’s skill will be invaluable in court.
Breeden Law Office handles divorces involving complex circumstances, including:
When minor children are born into the relationship, and there are disputes regarding legal custody.
Laws regarding alimony, child support, and retirement benefits may differ for active and former service members.
If your spouse had an affair, you might have a claim against the third party who caused the breakdown of your marriage. Even though this claim is separate from your divorce, this issue impacts alimony during a divorce.
When faced with these complex issues, hire an Angier divorce attorney to protect your rights. Without a lawyer, you may not get a favorable outcome for you and your children.
You and your spouse must live apart for at least 12 months before you can file for divorce. You can take advantage of this time in a productive way. With the help of an Angier divorce attorney, you can start working out issues such as:
You must divide the property you acquired during the marriage between you and your spouse. Begin by categorizing your marital and non-marital assets.
There may be disagreements over some property types, but gifts and inheritances generally belong to the recipient. An attorney can help you determine which assets are separate or jointly owned.
Marital property is distributed equitably between the parties. That doesn’t mean the property is divided 50/50. North Carolina courts, including in Harnett County, look at what’s fair and consider various factors to creating a just distribution.
Along with your assets, you also must divvy up your financial liabilities during the divorce. Arguments over debts are common because many spouses are co-signers on their mortgage, car loans, credit accounts, and other debts.
In North Carolina, neither spouse has a right to spousal support (alimony); however, either party can request it. A court can order alimony during the one-year separation. They can also order alimony during the divorce to be paid after the divorce is final.
Although people worry about lifelong alimony payments, alimony is often limited to serve a specific purpose. Permanent alimony is rare these days.
If you can compromise with your spouse regarding alimony, a court will likely approve the agreement and make it part of the final order. However, if you two can’t decide, then the court has to.
If you and your spouse are parents to one or more minor children, you have to decide how to handle legal and physical custody. Whatever arrangement you make has to be in your children’s best interests. Breeden Law Office helps parents decide parenting agreements through mediation.
But if you two can’t reach an agreement, the judge will have to decide. Then, with the help of a lawyer, you can put forth evidence during a hearing regarding why the judge should order a specific child custody and visitation arrangement.
Both parents are required to support their children financially no matter where their children end up living. Child support is based on North Carolina’s Child Support Guidelines.
Typically, the parent who has the children less often (noncustodial parent) pays support to the parent with more overnights (custodial parent).
How your divorce moves forward might depend on an agreement you and your spouse made years ago:
A prenup is an agreement you enter before marriage that dictates a future divorce settlement. Many laws determine whether a prenup is valid. Talk with Breeden Law Office if you think the court shouldn’t follow your prenup.
Sometimes, you can execute an agreement regarding alimony and property division after you get married. If you signed a postnup, talk with Breeden Law Office about it.
Certain property types require particular attention because of transfer restrictions, such as interests in a closely held business. Also, you and your spouse may disagree on an asset’s value and must settle that dispute.
When you’re ready to divorce, you have to file in the right place. The court has to have jurisdiction over you and the case. If you and your spouse live in Angier, you’ll most likely file in Harnett County. But it’s good to talk with a lawyer if you’ve recently moved or your spouse lives somewhere else.
The Harnett County Courthouse is located at 301 W. Cornelius Harnett Blvd., Lillington, NC 27546.
You can call the courthouse at 910-814-4600. However, the staff can only give you basic information. No one at the courthouse can give you legal advice or help you through the divorce process. If you have questions or need help, reach out to an Angier divorce attorney right away.
The North Carolina Judicial Branch provides information on divorce and the divorce packet. There’s information on the divorce process, the forms you will need, and other forms you might need.
Although these resources enable you to go through the divorce process yourself, we strongly encourage you to hire a lawyer.
The divorce process can be confusing if you are unfamiliar with how it works. Here is a basic overview of what to expect.
If you live in Angier, your divorce will happen in the Harnett County District Court. It requires completing a Divorce Packet and filing the Complaint with the Clerk of Court.
The Complaint includes statements and facts about your marriage and separation. The Complaint also asks the court to allow your divorce based on the information you provide.
Once you file the paperwork, you serve your spouse the divorce papers. Your spouse has 30 days to respond, and a hearing is scheduled to raise any counterclaims or issues.
During the hearing, a district court judge listens to arguments and reviews evidence relevant to your case. This can include financial matters, custody agreements, or other issues related to ending your marriage.
While this can seem like a straightforward process, things can become complicated quickly. For instance, some child custody disputes could be heard by one judge, while property division issues may be decided by another. It helps to have a lawyer guide you through the divorce process and various hearings.
There are constructive ways to resolve arguments during a divorce. Mediation, for example, is a form of alternative dispute resolution. Mediation can help you avoid time-consuming, expensive litigation.
During mediation, you and your spouse meet with a third-party mediation professional whose job is to identify points of concern and facilitate productive conversations. Mediators are skilled in guiding parties toward compromises.
Attorney Jonathan Breeden has been tackling divorce issues for clients in Angier and throughout the region for years.
He understands that divorce is an intimidating process, which is why he’s dedicated to handling the challenging legal issues on your behalf. He’s here to ease the stress of this process and fight for you to have a better future.
To schedule an initial case evaluation with Breeden Law Office, call (919) 809-6599 or reach out through our online form.
Divorce is challenging, and going through the complicated court process makes it even harder. You may be unsure about how to handle issues like child custody and the division of property. Without an Angier divorce lawyer, it can be hard to know how to navigate these decisions.
Call Breeden Law Office today:
(919) 296-3978