Cary Divorce Lawyers

Divorce in Cary, NC

Though the specific details of every divorce are different, many parties confront the same issues: the division of property, allocation of debt, alimony, child custody, and more. Applying North Carolina divorce law to your case can seem daunting. But attorney Breeden can guide you through every step.

Typical issues that arise in a Cary divorce include:

A Cary divorce attorney can help you navigate these issues and minimize the chance of costly errors or delays.

What You Need to Know About Divorce in NC

North Carolina is considered a no-fault state, meaning you do not have to prove marital misconduct in order to apply for divorce. However, if there were acts of marital misconduct (adultery, habitual drinking, or abandonment, for example), that could affect your divorce. You must meet basic residential requirements of living here for six months, you will need to seek a divorce in the state you moved here from.

In North Carolina, you can seek two types of divorce: absolute and divorce from bed and board.

What is an Absolute Divorce in NC?

An absolute divorce is a complete and final end to a marriage. The couple seeking an absolute divorce is given a court order called a “Decree of Divorce,” along with other orders addressing property division, child custody and support, and spousal support.

There are two reasons you can file for absolute divorce — incurable insanity and one year of separation.

What is a Divorce From Bed & Board?

This kind of divorce is not the same as an absolute divorce. A divorce from bed and board is a court-ordered separation that allows spouses certain rights and access regarding their estate, child custody, and other issues. An important note: you are still legally married if you have a divorce from bed and board. You cannot get remarried unless you seek an absolute divorce.

If your spouse had an affair, you might claim alienation of affection. This is one of the grounds for divorce recognized by North Carolina. You might also have a cause of action against a third party who caused the demise of your marriage. This type of claim is separate from the divorce process. However, it can affect your divorce proceedings. If the affair is considered marital misconduct for purposes of your divorce case, your spouse may not be entitled to post-separation financial support or alimony.

Breeden Law Protects Your Interests in a Divorce

Navigating the Wake County District Court requires in-depth knowledge. But Attorney Breeden will ensure your interests are protected.

Do We Need to Take Our Divorce to Court?

You have two options for deciding on issues in your divorce. You and your spouse can try to agree on how things are divided. Or, you may leave it to the court to split everything.

It’s often best to agree to make decisions regarding the critical issues in your life. That’s where an attorney comes in. Your Cary divorce lawyer can negotiate with your spouse and their lawyer to ensure you get what you deserve.

What is Marital vs. Non-Marital Property in a Divorce?

The line between what is yours and what belongs to both of you may seem simple, but it is not. Gifts, inheritances, and other property may include characteristics of both marital and non-marital property. The designation of assets can be one of the most contested issues in a divorce case.

How Do We Divide Property or Debt?

In a divorce, all marital assets are to be divided equitably between the parties. However, that doesn’t always mean a 50-50 split. Many factors can impact how property is distributed.

Financial obligations must be allocated in a divorce case as well. This issue can lead to hurdles. Many couples share responsibility for mortgages, auto loans, credit cards, and other debts.

Will We Have to Agree on Alimony or Spousal Support?

Spouses often fight intensely over alimony, also called “spousal support.” There is no absolute right to alimony, but a court may award support when necessary to balance spouses with unequal incomes and situations.

There are two forms of spousal support:

• Post-Separation Support – This is intended to provide financial support to a lower-earning spouse during the period of separation but before the actual divorce.
• Alimony – This is paid to a spouse after the divorce is finalized. It may be ordered for a specified amount of time or until certain conditions are met.

What Happens to Children in Cary Divorce Cases?

If you have children with your spouse, it’s essential to address their needs in your divorce arrangement. You must consider the child’s best interests when working out key issues. If parents cannot agree, the Judge may apply the child’s best interests’ standards and make decisions regarding:

• Child custody
• Visitation
• Child support

Divorce involves more than the initial separation. Custody, child support, and other issues must also be decided during the divorce process, and timing could vary depending on your case.

What is the Divorce Process in Cary?

A divorce case is filed and moves through the Wake County District Court. The court is located at 316 Fayetteville St. Mall, Raleigh, NC 27601. They can be called at 919-792-4875.

Here are the steps to obtaining a divorce as described in the court’s North Carolina Divorce Packet. All forms described below are available in the divorce packet, which is provided through the judicial system.