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Divorce in Garner, NC
Divorce is a unique experience for everyone, but there are issues almost every person has to address. This includes handling debts, division of assets, and alimony. Given all of these elements it is key to work with a local family attorney in Garner.
Let a divorce lawyer explain:
- The requirements to divorce, including residency and living separate and apart
- Interstate divorces that may have jurisdiction, residence, and service of process issues
- Eligibility requirements for an annulment
- Marital misconduct, including alienation of affection
- Legal separation agreements and court-ordered “divorce from bed and board” separations
- Uncontested, simple, and collaborative divorces
- Military divorces when one or both spouses are active or deployed service members
- Same-sex divorces or separations involving children
- Post-divorce modifications to change alimony, child custody, child support, and other court orders
North Carolina Legal Grounds for Filing with Garner Divorce Lawyers
You don’t need specific grounds for a divorce in North Carolina. Instead, you file a no-fault divorce.
If you believe your spouse is responsible for some wrongdoing or misdeed, talk with your attorney about how that may impact the proceedings. For example, tell your lawyer if you know or suspect your husband or wife had an affair.
A spouse who had an affair may be barred from receiving alimony. Also, you may be allowed to bring an alienation of affection claim against a third party because of an affair.
Getting a Divorce Requires a 1 Year Separation from Your Spouse
Before you can file for divorce from your spouse in Garner, you must be legally separated for at least one year, meaning you and your partner must be in two separate homes. You must be separated for a full year and a day before you are legally allowed to seek divorce. Additionally, one of you must intend for the separation to be permanent.
Protecting Your Interests During a Divorce
Divorce is a specific legal process. To end a marriage in Garner, you go through the District Court system. It helps to have a divorce attorney who understands how to navigate the courts and legal paperwork.
Marital vs. Non-Marital Property
During a divorce, you and your spouse have to agree on what is marital vs. non-marital property. Whatever you’ve obtained during the marriage is usually jointly owned marital property, though there are exceptions. You may separately possess a gift or inheritance you received while married.
Division of Property and Debts
State law tells courts to divide assets and debts equitably between the spouses. That could be 50/50, but it doesn’t have to. Many factors can influence a different property distribution.
Dividing marital debts can become contentious, particularly if a spouse feels the other person racked up unnecessary consumer debts. Even without hard feelings, you’ll need to address debts, such as mortgages, auto loans, medical debt, and credit cards.
Alimony
No one has an absolute right to alimony in North Carolina. However, a court can award it when there’s a significant difference in incomes between the spouses.
There are different types of financial support you should be aware of:
- Post-separation support helps a lower-earning spouse during the one-year separation. It ends once you resolve the divorce
- Alimony is paid after you finalize a divorce
Spouses can agree on alimony themselves, but you may need to work with a Garner divorce lawyer to represent you during a divorce hearing.
Divorce in North Carolina
Divorce can be complicated, but our Garner divorce attorneys can explain the process and what you can expect.
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Filing for Divorce in Garner, North Carolina
Most residents of Garner, NC either live in Wake or Johnston County, and that matters because people must file in the county where they live. Regardless of where you file for divorce, the process starts with completing the Divorce Packet and filing the Complaint with the Clerk of the Court. A complaint includes facts and claims about your marriage and separation, and most importantly, it asks the court to dissolve your marriage.
After filing the paperwork, you have to serve your spouse with the divorce papers. We’ll explain the different ways you can do this. Your spouse has 30 days to respond, and then you both attend a hearing.
Divorces can include one or several hearings. It depends on the issues you and your spouse can’t resolve. During hearings, a district court judge will review the evidence and listen to testimony.
Divorces Involving Minor Children
Many spouses also have to tackle the issues of child custody and support. For most parents, the topic of children in their divorce is their biggest priority.
State law says that a child custody and visitation arrangement must be in the child’s best interests. That goes for whether a judge decides custody or you and your spouse reach an agreement.
If you’re worried about child custody, consult the skilled Garner divorce lawyers at Breeden Law Office to discuss your rights. An attorney can assist you and your spouse craft a personalized co-parent agreement that works best for your children. Also, if you can’t agree, your lawyer helps you build a strong case.
Related Divorce Topics
What is the Divorce Process in Garner?
If you are seeking a divorce in Garner, your divorce case will be filed 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.
Your case will follow these steps to obtain 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.
Garner Divorce Resources & Information
When you’re seeking a divorce while living in Garner, you are most likely going to file in Wake County’s district court. However, if you happen to live in the part of town in Johnston County, you are going to need to file in that district court. You can check your area code to know which court to file in, but working with a Garner divorce attorney is a sure way to know where you can safely file for divorce.
Johnston Divorce Court
Johnston County District Court
207 E Johnston St
Smithfield, NC 27577
Garner Divorce Court
Wake County District Court
316 Fayetteville St. Mall
Raleigh, NC 27601
Learn more about going to court.
Divorce Court Forms
The state provides forms you can use in your local District Court:
The Clerk of the Court and other court employees can’t give you legal advice or help you with the paperwork and filing. To get accurate advice and help with the court process, call Breeden Law Office.
Garner, NC Divorce Resources
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. The following is a list of local resources and services in and around Garner that may be useful for those going through a divorce.
- Johnston County Courthouse
- Garner Divorce Court
- Johnston County Schools
- Garner, NC School Ratings
- Wake County Schools
- Foundation for Credit Counseling
- Domestic Violence Hotline
- The Institute for Divorce Financial Analysts
- Parents Without Partners
- Therapists & Counselors in Garner, NC
- Real Estate Agents in Garner
- Movers in Garner, NC
- Post-Divorce Name Change
- Child Support Enforcement
Garner, NC Utilities
- Electric: Duke Energy Progress– (800) 452-2777
- Gas: Dominion Energy– (877) 776-2427
- Water & Sewer: City of Garner– (919) 996-3245
- Phone: AT&T– (800) 767-2355
- Cable: Spectrum by Charter– (919) 595-4892
How a Garner Divorce Attorney Can Help
You’ll find broad overviews of divorce law and the divorce process online. But many people deal with unique and complex situations and need more nuanced advice than what’s out there. Instead, you’re better off working with an experienced divorce attorney.
Jonathan Breeden has years of experience representing clients in Garner and the surrounding towns. He understands how layered and complicated divorces can become, and most importantly, how the law applies to these situations. He’s here to guide you, as a skilled family lawyer in North Carolina, through this process and lift some of the burdens off your shoulders.
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(919) 373-2079FAQs about Divorce in Garner, NC
How long does a divorce take in Garner, NC?
Every divorce is different. The divorce timeline for finalizing a divorce in Garner can depend on several factors, like the mandatory one-year separation period, court availability, and whether the divorce is contested or uncontested. After you file for divorce, it can typically take a few months to obtain a final divorce decree if both parties agree on key issues. If you are pursuing a 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 cannot remarry until your divorce is finalized. However, you are allowed to date after you and your spouse separate. Just be aware that if you date someone before your divorce is final, your ex might try to claim you were dating that person while you were married. Your divorce attorney may offer some advice if you have questions about dating during your divorce.
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 this might delay the divorce process, your spouse 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 circumstances, so there is no exact fee that can be given before you sit down and talk with a divorce lawyer about 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 highly stressful, and our goal is to find solutions that fit your needs, including finding 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 feel like interchangeable terms, but under North Carolina law, they are different. Divorce is a legal process that formally ends a marriage and sets terms for shared property and children. On the other hand, 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?
It might be assumed that your wife will automatically get the better end of any property division in your divorce, that is not how it typically works in North Carolina. The state’s equitable distribution laws guide how property is divided between divorcing spouses, which can include the marital home. You might 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?
Also called spousal support, alimony is a topic that can be confusing for anyone seeking a divorce. Every divorce is unique, so there’s no sure way to know if you will need to pay your spouse every month, but they may argue that they deserve alimony if your incomes are different or if they have an expectation of more financial support. 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.
Hear from Our Clients
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Mr. Breeden was very professional. He gave me honest input regarding possible outcomes of my case. He was very responsive when I had a question and when responding to emails. He knows custody law very well and got me exactly what I wanted with regards to my case. I would definitely use him again if needed.
A custody battle is never easy; even harder when you are a grandparent seeking custody. Jonathan Breeden handled our case with great diligence, but oh so delicately. I received full, permanent custody, with no harsh feelings from any parties concerned. Together with Jonathan, there was even suitable visitation arrangements made.