Raleigh Divorce Lawyer

Raleigh Divorce Attorneys

Every divorce is different, but there are common legal and financial issues almost everyone must address. These often include dividing property and debts, determining spousal support, and planning for life after marriage. That is why working with a knowledgeable family lawyer serving Raleigh is so important.

A divorce attorney can help explain:

• The legal requirements for divorce in North Carolina, including residency and living separate and apart
• Interstate divorces involving jurisdiction, residence, and service of process
• Eligibility and legal standards for annulment
• Marital misconduct, including affairs and alienation of affection claims
• Separation agreements and court-ordered “divorce from bed to board”
• Uncontested, simple, and collaborative divorce options
• Military divorces when one or both spouses are active duty or deployed
• Same-sex divorces or separations involving children
• Post-divorce modifications to alimony, child custody, child support, and other court orders

Grounds for Divorce in Raleigh, NC

North Carolina is a no-fault divorce state. You do not need to prove wrongdoing to end a marriage. Instead, you must meet the legal separation and residency requirements before filing.

That said, marital misconduct can still affect certain aspects of a divorce. If you believe your spouse engaged in misconduct, such as an affair, it is important to discuss this with your attorney. Adultery can impact alimony and may give rise to an alienation of affection claim against a third party in some cases.

Protecting Your Interests During a Divorce

Divorce follows a formal legal process in North Carolina. Raleigh-area divorces are handled through the District Court system, typically in Wake County. Having a divorce lawyer who understands local court procedures, filing requirements, and judicial expectations can make the process smoother and less stressful.

Marital vs. Non-Marital Property

One of the first issues in any divorce is determining which assets are marital and which are separate. Generally, property acquired during the marriage is considered marital property, though exceptions apply. Gifts or inheritances received by one spouse may remain separate property if properly documented.

Division of Property and Debts

North Carolina courts divide marital assets and debts using an equitable distribution standard. While an equal split is possible, the court may divide property differently based on factors such as income, contributions to the marriage, and financial need.

Debt division can be especially contentious. Mortgages, vehicle loans, medical bills, and credit card balances must all be addressed, even if only one spouse incurred the debt.

Alimony

There is no automatic right to alimony in North Carolina. Courts may award spousal support when there is a substantial income disparity between spouses and other legal factors are met.

There are different types of spousal support, including:

• Post-separation support, which provides temporary financial assistance during the separation period
• Alimony, which is paid after the divorce is finalized

Spouses may reach their own agreement on alimony, but if the issue is contested, a Raleigh divorce lawyer can represent your interests during court proceedings.

Divorce in North Carolina

Divorce can be complicated, but our Angier divorce attorneys can explain the process and what you can expect.

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Filing for Divorce in Raleigh, North Carolina

Most Raleigh residents file for divorce in Wake County, though filing location depends on where each spouse lives. The process begins by completing the required Divorce Packet and filing a Complaint with the Clerk of Court.

The Complaint outlines basic facts about the marriage and separation and formally asks the court to dissolve the marriage. After filing, your spouse must be legally served with the divorce papers. They have 30 days to respond before the case can move forward.

Some divorces require only one hearing, while others involve multiple hearings depending on unresolved issues. A district court judge will review evidence and hear testimony before issuing rulings.

Divorces Involving Minor Children

For parents, child custody and child support are often the most important and emotionally charged aspects of divorce.

North Carolina law requires custody and visitation arrangements to serve the child’s best interests, whether decided by a judge or agreed upon by the parents. If custody is a concern, working with a Raleigh divorce attorney can help you develop a parenting plan that reflects your child’s needs and protects your parental rights.

If an agreement cannot be reached, your lawyer can help build a strong case for court.