Garner Divorce Lawyer

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Marriages are full of ups and downs. But eventually, you may come to a point where it makes the most sense to divorce and move forward separately. When you’ve reached that point or are considering it, it’s best to talk with an experienced divorce lawyer in Garner, NC.

Ending your marriage is emotional. It’s also practical and financial. A divorce lawyer helps you tackle the many aspects of divorce and pursue a fair outcome for you and your children.

Garner family attorney Jonathan Breeden understands divorce is hard. But he’s here to guide you through it so you can build a new, happier life. Contact attorney Breeden online or call (919) 661-4970.

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.

Let a divorce lawyer explain:

Grounds for Divorce

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.

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 wracked up unnecessary consumer debts. Even without hard feelings, you’ll need to address debts, such as mortgages, auto loans, medical debt, and credit cards.


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.

Filing for Divorce in Garner, NC

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, these are their biggest priorities.

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 a divorce lawyer in Garner, NC. 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 and, your lawyer helps you build a strong case.

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 through this process and lift some of the burdens off your shoulders.

Garner Divorce Resources & Information

When you’re thinking about divorce, it’s helpful to review local resources.

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 local District Court has several packets of forms individuals can use themselves:

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.

Garner, NC Utilities

Contact Breeden Law Office Today

Divorce isn’t easy, but you can make it easier. If you’re ready to schedule an initial divorce consultation, call a Garner divorce lawyer at Breeden Law Office at (919) 661-4970. Attorney Breeden will explain your options, protect you, and help you reach the next chapter in your life.

Call Breeden Law Office today:

Call (919) 661-4970

Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden