Angier Divorce Attorney

 
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Marriages break down for several reasons. Your relationship may not be able to endure various challenges and circumstances, or maybe you drifted apart emotionally.

Divorce is an unfortunate situation, but there are legal issues that can further complicate the process. Divorce laws and procedural rules can be difficult to understand, which is why many people put their trust in an Angier divorce attorney who will protect their rights.

While every divorce is different, it’s likely you will face tough decisions regarding division of property acquired during your marriage. You may also have to address alimony. When children are born into a marriage, state laws go to great lengths to ensure an appropriate arrangement for custody, visitation, and support. Ideally, you could agree with your spouse on some matters, but disputes are common.

Attorney Jonathan Breeden is an Angier family lawyer who takes the time to explain complex legal topics related to divorce, so you can make informed decisions about pertinent issues. To schedule an initial consultation of your case, contact Breeden Law Office at (919) 809-6599.

Do I really need a divorce lawyer?

Do I really need a divorce lawyer?

Benefits of Working with a Divorce Lawyer

No matter how amicable the situation, divorce is always emotional and messy. This is especially true when money, debts, and children are involved. A divorce lawyer is there to make the process as stress free as possible, while looking out for you and your long-term interests.

People represented by quality divorce lawyers can negotiate better terms, protect themselves in ways they may not have considered, and over all move through the process easily. In addition, if things deteriorate or negotiations break down, a local and skilled divorce lawyer will be tremendously valuable in court.

An experienced Angier divorce attorney can provide:

  • Quality and useful advice
  • Reduced Stress and Step by Step Guidance
  • Error-Free Document Filing
  • A Quicker and Favorable Result

Filing for Divorce in Harnett County

Pursuing a divorce largely happens in Harnett County District Court. It requires completing a Divorce Packet and filing the Complaint for divorce with the Clerk of Court. The Complaint consists of statements and facts about your marriage, separation, and asks the court to allow your divorce based on the information provided.

Once the paperwork is submitted and properly filed, the divorce papers will be served to your spouse. Your spouse will be given 30 days to respond, but subsequently a hearing will be scheduled to raise any counterclaims or issues.

During the hearing, a district court judge will hear arguments and review evidence relevant to your case. This can include financial matters, like spousal support, custody agreements, or other issues related to ending your marriage. While this can seem like a straightforward and easy process, things can become complicated quickly. For instance, some issues may be heard by different judges in various court proceedings. Some child custody disputes could be heard by one judge while issues regarding property division may be decided by another.

Therefore, it is always best to work with a divorce lawyer who is experienced in local court procedures.

Understanding Divorce Laws

Divorce law cover sthe primary aspects involved when you’re ending your marriage, including the division of assets and debt. When appropriate, you may also address alimony. The laws incorporate comprehensive provisions regarding custody, visitation, and child support. With so many factors that have very personal implications on your life, the need for a knowledgeable divorce attorney is clear.

When you have questions or concerns about your divorce, an Angier divorce lawyer can explain:

  • Advance requirements to file for divorce, including residency in the state and living apart from your spouse
  • Annulment, which is an alternative to divorce and results in a legal finding that the marriage never occurred
  • Separation, legal separation agreements with your spouse, and a special arrangement termed a “divorce from bed to board” separation
  • Simplified divorce options, which may apply if you have no disputes about the key issues in ending your marriage
  • Interstate divorce, including jurisdictional issues, residency requirements, and serving your spouse with divorce papers.

Angier divorce attorney Jonathan Breeden also takes on divorce scenarios that involve complex, circumstances, including:

  • Same-sex divorce and the associated challenges when minor children are born to the relationship
  • Military divorce, especially when the laws regarding alimony, child support, and retirement benefits are different for active and former members of the military
  • Marital misconduct in a no-fault divorce state.

One type of marital misconduct to discuss with a divorce lawyer is alienation of affection, the legal term for someone having an affair. You could have a claim against a third-party who caused the breakdown of your marriage. Even though this type of litigation is separate from your divorce, some issues may affect the proceedings. Success with an alienation of affection claim may constitute marital misconduct, which means the misbehaving spouse may not receive alimony.

When faced with these complex issues and others, you can see the benefits of hiring an Angier divorce attorney to protect your rights.

How long is the divorce process?

How long is the divorce process?

Common Issues in Divorce Cases

Though a summary of divorce law is helpful, it takes additional legal knowledge to understand how these rules apply to your unique situation. Plus, there are procedural regulations that dictate some of the details regarding filing, discovery, hearings, and other aspects of the process.

North Carolina has a mandatory period of separation for divorce cases. You and your spouse must live apart for at least 12 months before you can file your petition. It is possible to take advantage of this time in a positive, productive way. With the help of an Angier divorce attorney, you can start working out issues such as:

Identifying Marital and Non-Marital Property

Only property acquired during the marriage is subject to distribution between spouses in a divorce case, so you’ll need to categorize marital and non-marital assets. There may be challenges with some types of property, but gifts and inheritances generally belong to the respective recipient. An attorney can help you properly identify which assets are owned jointly, and which are separate.

Asset Division

Under state law, those assets identified as marital property must be distributed equitably between the parties. However, not all property division will be exactly equal. Courts, like Harnett County District Court look to what’s fair, and will consider other factors as necessary to do justice.

Allocation of Debts

Just as you equitably divide assets, you will also allocate your financial liabilities during the divorce process. Disputes are common, as many spouses are co-signers on their mortgage, car loans, credit accounts, and other debts.

Alimony

Another aspect of divorce that can bring out intense disputes is spousal support, familiarly known as alimony. Neither spouse has a right to spousal support, but either party can request it at different time periods, including:

  • During the one-year period of living apart, a spouse may need post-separation support to provide financial assistance
  • A court may order alimony based on various factors.

If you can reach a compromise on these issues, a court will likely approve the agreement and make it part of the final order. However, disputes must be resolved by a divorce court judge during a hearing.

Special Considerations for Certain Divorce Issues

Disputes are unfortunate in divorce proceedings, but there are ways to prevent them from arising well before you file your petition. Marriage attorney Jonathan Breeden can explain such options as:

  • Prenuptial Agreements – Though it’s not the most romantic topic before getting married, a prenup can spare you many of the headaches that come with divorce. There are certain requirements for these agreements to be enforceable, so you should both consult a marriage lawyer.
  • Postnuptial Agreements – Under certain circumstances, you can execute an agreement regarding alimony and property division after you get married.
  • Protecting Business Interests and High-Value Assets – Certain types of property require particular attention because there are restrictions on transfer, such as interests in a closely-held business.

Even if you do run into disagreements about the primary issues in a divorce case, there are constructive ways to resolve them. Alternative Dispute Resolution (ADR) or 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 facilitate productive conversations about areas of dispute. Where your own efforts have failed, a mediator may be able to bring about compromise.

How to prepare for divorce proceedings

How to prepare for divorce proceedings

Custody, Care, and Support of Minor Children

Divorcing spouses who are also parents must address:

  • Legal custody, which involves the power to make decisions on raising the child
  • Physical custody and where the child will live
  • Visitation rights for the non-residential parent
  • Child support

For all of these issues, the state requires that the best interests of the child come first. If parents agree on care, custody, and support, a court will still review the agreements before approving them. If you cannot agree, mediation, ADR, or a court hearing may be necessary to resolve disputes.

Contact an Experienced Angier Divorce Attorney Today

A divorce attorney can answer your questions, respond to your concerns, and alleviate the stress by helping you navigate the asset division, alimony; and child custody, care, and support in a divorce case.

Attorney Jonathan Breeden has been tackling divorce issues for clients in Angier and throughout the region for years. During this time, he has acquired skills and knowledge of all legal aspects of these cases. He understands that the idea of divorce can be intimidating, which is why he’s dedicated to taking on the tough legal issues on your behalf. Whether you need assistance before marriage with a prenup, representation during the proceedings, or an advocate to help enforce divorce orders, he will work to obtain a positive outcome for your family.

To schedule an initial case evaluation with an Angier divorce attorney, contact Breeden Law Office at (919) 809-6599, or reach out through our online form.

Call Breeden Law Office today:

(919) 296-3978
 
 

Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden

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