Hear from Our Clients
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Jonathan was an excellent lawyer. He was firm and worked continually to represent me. I am very happy with the divorce outcome. He knows his job and is fair in everything he does for his clients.
Jonathan helped us with the adoption of our niece. Jonathan and his team made the whole process very simple for us. They were always very responsive when we had questions and followed up promptly. Jonathan’s knowledge of the process and the key players in Harnett County clearly made the whole process move quickly saving time and ultimately money. Jonathan completed our adoption in just over 90 days. We had previously hired another attorney that really didn’t know the correct process and we wasted thousands. The Breeden Law team was a pleasure to work with and the results were fantastic.
The Breeden Law Office is Here for You in Cary
Divorce can feel overwhelming — emotionally and legally. With over 25 years of experience, family law attorney Jonathan Breeden has helped clients in Cary, NC, and across the Raleigh area move forward. He and his team are ready to help you, too. Don’t go through the turmoil of filing for divorce in Cary alone. Jonathan will guide you through the proceedings so that you can focus on achieving a fresh start.
Call Breeden Law Office at 919-480-8005 or use our online contact form to reach out.
More About Breeden Law OfficeDo You Need a Divorce Lawyer? | Breeden Law Office
Consulting a divorce lawyer is the best way to understand your available options and get guidance on your next steps.
WHY CHOOSE BREEDEN LAW OFFICE:
25
+Years of Experience
4
+Office Locations
20
+Attorneys and Staff Members
1,000
+Clients Served
300
+5-Star Reviews
Contact Breeden Law Office
"*" indicates required fields
Need Help With Your Divorce?
WE FIGHT FOR YOUR FAMILY FOR THE BEST OUTCOME POSSIBLE
You probably thought your love would last forever, but divorce is an unfortunate reality for many. We want to ensure you and your family are supported through the divorce process and that you have what you need to start a new, better life.
- HUNDREDS OF SATISFIED CLIENTS
- A+ BBB RATING
- TOP 10 BEST LAW FIRM — EXPERTISE.COM
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:
- Post-Divorce Modifications
- Same-Sex Marriage
- Marital Misconduct
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, or you will need to seek a divorce in the state you moved here from.
Getting a Divorce Requires a 1 Year Separation from Your Spouse
Before you can file for divorce from your spouse, you must be legally separated for at least one year. That means you and your partner must be living in two separate homes for a full year and a day before you are legally allowed to seek divorce. As an added condition, one of you must intend for the separation to be permanent.
Absolute Divorce & Divorce from Bed and Board
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. 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.
Related Divorce Topics:
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:
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.
Divorce In North Carolina: What You Need to Know
ABOUT OUR FREE EBOOK
Attorney Breeden is your guide and explains your journey as only a divorce lawyer can. He’ll walk you through what happens next in the divorce process covering topics such as child custody and dividing assets.
Get Your Free Copy Today:
FAQs about Divorce in Cary, NC
How long does a divorce take in Cary, NC?
Each divorce is unique. The divorce process timeline for finalizing a divorce in Cary depends on several factors, including the mandatory one-year separation period, court availability, and whether the divorce is contested or uncontested. After you file for divorce, it typically takes a few months to obtain a final divorce decree if both parties agree on key issues. For some contested divorces where issues are especially complicated, your divorce could take a year or more.
What is Alienation of Affection?
If your spouse had an affair, you might claim alienation of affection. 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 impact 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.
How Long Do I Need to Wait to Remarry?
You are unable to remarry until your divorce is finalized. However, you can date after you and your spouse separate. If you date someone before your divorce is final, your ex might try to claim you were dating that person while you were married.
What if My Spouse Doesn’t Want to Divorce?
As long as you and your spouse meet necessary separation requirements, you do not need your spouse’s consent to divorce. However, if your spouse disagrees with any terms of the divorce agreement like those regarding property division, they may choose to contest the divorce terms. Although your spouse could delay the divorce process, they cannot prevent the divorce from happening. A property division lawyer from Breeden Law Office can help you through the process.
How Much Does a Divorce Cost in North Carolina?
Each divorce has its own unique circumstances, so it can be challenging to give a clear expectation on how much getting a divorce truly costs. There are filing fees, attorney fees, court fees, and possibly fees for hiring a mediator. If you’re are pursuing a contested divorce, you are likely going to have a higher bill by the end of the process, simply because contested divorces require more time and attention.
At the Breeden Law Office, we understand that getting a divorce can be a highly stressful event, and we strive to find solutions that fit your needs and goals, including meeting a budget that doesn’t feel like a punishment as you enter a new chapter of your life. Our divorce attorneys can discuss the finer points of what it costs to get divorced in North Carolina.
Is There a Difference Between a Divorce & Legal Separation?
Divorce and legal separations may seem like interchangeable terms, but under the law, they are different. Divorce is a legal process that formally ends a marriage and sets terms for shared property and children. A legal separation can be informal, and usually happens before filing for divorce. You can have a written separation agreement, or it can be as simple as one spouse living in a separate home with limited contact with the other spouse. For a separation to be considered “legal,” at least one party must intend for the separation to be permanent.
Will My Wife Automatically Get the House in a Divorce?
Although it is assumed the wife will get the majority of property in a divorce, including the marital home, it’s possible that the husband will be awarded the house. North Carolina’s equitable distribution laws will guide how property is split between divorcing spouses, and you could be able to negotiate keeping the home if it’s exchanged for something of equal or greater value. Child custody is also a contributing factor to who keeps the home. Your Breeden Law Office divorce attorney can help explain property division concepts in greater detail.
Will I Owe Alimony in my Divorce?
Alimony, also called spousal support, is a topic that can be confusing for people seeking a divorce. Each divorce is unique, so there’s no definite way to know if you will need to pay your spouse every month, but your spouse may argue for alimony if your incomes are different. It’s one factor that you may be able to negotiate down in favor of a concession in your favor. Talk to your divorce attorney to get a better idea about spousal support.
Is There Any Way to Avoid Child Support Payments?
Avoiding child support payments can be challenging after a divorce. In North Carolina, both parents are expected to support their children. In many cases, the custodial parents will receive payments from the non-custodial parent. If you want to avoid payments, you may have to give up your visitation or custody rights. If you’d still like to be a part of your child’s life, you may be forced to make payments or face enforcement by the court. Talk to your divorce and custody lawyer to understand your options.
Can I Share a Divorce Attorney with My Spouse?
No, it is not a good idea to share a divorce attorney with your soon-to-be-ex. Even in the most cooperative divorces, you need to find someone who will advocate for your side of the divorce, and there are no guarantees that a shared attorney won’t side with your partner more than you. Having a separate attorney to handle your divorce puts you in a much better position.
Resources for Divorce in Cary, NC
Ending a marriage is hard. And whether you need to find a new home, change the name on the utilities or talk to someone, we want to offer our support and guidance. Here are some local resources and services in and around Cary, NC that may be useful for those going through a divorce.
Contact the Breeden Law Office
YOUR FAMILY NEEDS ITS HERO. WE FIGHT TO MAKE IT YOU.
- Over Two Decades Protecting Families in NC
- Client & Child-First Focus
- Relentless Advocacy
- Guiding Your Next Chapter
CALL US TO GET STARTED
“Jonathan and his team are amazing! Not only did he help win my case, he made me and my family feel like we were part of his.”