Raleigh Divorce Attorney

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No one walks down the aisle thinking that the relationship will end in divorce, but marriage can introduce challenges, complexities, and unexpected circumstances that make it difficult for spouses to continue being married to one another. Divorce presents questions, concerns, and uncertainty. When faced with the emotional factors and a maze of laws, you can see the importance of retaining a skilled Raleigh divorce attorney to take the burden off your shoulders.

Ending your marriage means you must make decisions on how to divide assets, allocate bills, and determine alimony. If you have minor children, you must take custody, visitation, and child support under consideration. Even when spouses agree on key issues and the split is amicable, disputes can arise. A knowledgeable divorce lawyer can help you protect your interests with all aspects of the proceedings.

Raleigh family attorney Jonathan Breeden understands that the choice to dissolve your marriage is a difficult one, but you don’t have to endure further turmoil by taking on the process yourself. He is dedicated to guiding you through the proceedings, so your only focus should remain on adjusting to a fresh start. To schedule a consultation of your case, contact Breeden Law Office today at (919) 480-8005.

Do I really need a divorce lawyer?

Do I really need a divorce lawyer?

Divorce in Wake County

Though the specific details may vary, many parties must confront some of the same issues associated with divorce, including the division of property, allocation of debt, and alimony. Divorce law incorporate dozens of provisions covering these matters, but applying them to your situation can seem like a daunting task.

Considering the range of legal complications, you can see the advantages of retaining a divorce lawyer to guide you through the process. Some issues that may arise in a Raleigh divorce include:

  • Prerequisites for divorce, including residency and living arrangement requirements
  • Whether you may seek an annulment
  • Separation, including legal separation agreements and court-ordered “divorce from bed to board” separation
  • Uncontested or simple divorce, where the parties have no disputes over the primary issues
  • Military divorce, which protects active and former members of the military
  • Interstate divorce, including jurisdiction, residency, and service of process
  • Post-divorce modifications, when circumstances change and court orders regarding alimony and child support are no longer appropriate
  • Same-sex marriage issues, which can be challenging if minor children are born to the relationship
  • Marital misconduct, including alienation of affection.

Grounds for Divorce

North Carolina is a no-fault state for divorce, which means you don’t have to prove that your spouse is responsible for the breakdown of your marriage. Still, there are countless ways a person may engage in wrongdoing during the marriage, and these acts can impact filing for divorce and the proceedings in court.

You should discuss alienation of affection with a divorce lawyer if your spouse had an affair, because you may have a cause of action against a third party who caused the demise of your marriage. Though this type of claim is separate from the divorce process, it may have an impact on the proceedings. If the affair is construed as being marital misconduct for purposes of the divorce case, the misbehaving spouse may not be entitled to post-separation financial support or alimony.

Because of these complex issues, it’s critical to retain a Raleigh divorce attorney to represent your interests. You put your rights at risk and jeopardize your future if you try to go it alone, so reach out to Jonathan Breeden for assistance.

How to Protect Your Interests

Even with an overview on the initial considerations involved with divorce, navigating the Wake County District Court requires in-depth knowledge. A skilled divorce attorney will ensure your legal interests remain protected, and you may be able to come to an agreement on:

Marital vs. Non-Marital Property

Though it may seem easy to identify which assets were acquired during the marriage and which were not, the line can be blurry. 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, so it’s important to obtain guidance from a knowledgeable Raleigh divorce attorney.

Property Division

State law requires that all marital assets be divided equitably between parties to a divorce, but this doesn’t always mean a 50-50 split. Various factors impact property distribution, and a lawyer can help you resolve the matter fairly.

Dividing Debts

As with assets, you must also allocate your financial obligations in a divorce case. This issue can lead to hurdles, because many married couples share responsibility on a mortgage, auto loans, credit cards, and other debts.

Alimony (Spousal Support)

Another aspect of divorce that can bring out intense disputes is spousal support. There is no absolute right to alimony, but it may be awarded where a court finds it necessary to create a balance between spouses with unequal incomes. There are two forms of spousal support:

  • Post-separation support, which is intended to provide financial support to a lower-earning spouse during the one-year period of separation, and though to the conclusion of the court case
  • Alimony, paid to a spouse after the divorce is finalized

If you aren’t able to come to an agreement with your spouse on these issues in a divorce case, it may be necessary to participate in a court hearing in Wake County to have the judge decide how your property will be divided.

Raleigh divorce attorney Jonathan Breeden will fight for your rights, using all available legal strategies to ensure the best possible outcome.

How long is the divorce process in North Carolina?

How long is the divorce process in North Carolina?

Filing for Divorce in Wake County

Pursuing a divorce largely happens in Wake County District Court. It begins by completing the Divorce Packet and filing the Complaint for divorce with the Clerk of Court. The Complaint consists of statements and facts about your marriage, separation, and asks the court to allow your divorce based on the information provided.

Once the paperwork is submitted and properly filed, the divorce papers will be served to your spouse. Your spouse will be given 30 days to respond, but subsequently a hearing will be scheduled to raise any counterclaims or issues.

During the hearing, a Wake County district court judge will hear arguments and review evidence. This includes financial matters, custody agreements, or other issues related to your divorce. While this can seem straightforward, things can become complicated quickly. Therefore, it is best to work with an experienced Raleigh divorce lawyer who knows the local court procedures.

Minor Children in Divorce Proceedings

Though most couples going through divorce address property division, debts, and alimony, some spouses must also confront the issues related to minor children. The state puts a priority on ensuring that the divorce arrangement meets the needs of children.

By law, it’s necessary for parents to consider the child’s best interests when working out an agreement on key issues. If the parents cannot agree, or when it’s appropriate for a court to be involved, a judge must apply the child’s best interests standard when making decisions on:

How to prepare for divorce proceedings in North Carolina

How to prepare for divorce proceedings in North Carolina

How a Raleigh Divorce Attorney Can Help

Though this overview of divorce law in Wake County, NC may be helpful, applying legal concepts to your own situation is much more complex. You put your rights and your future in jeopardy unless you work with a highly qualified divorce attorney.

With years of representing clients in Raleigh and the surrounding areas, attorney Jonathan Breeden has developed an understanding of the legal issues involved in divorce cases. He can alleviate the burden of divorce proceedings, enabling you to take positive steps in the right direction. He knows that the implications of divorce can be daunting, especially as they affect your family and financial situations, and he will fight for you to obtaining a fair outcome.

Contact Breeden Law Office

To schedule an initial evaluation of your case with a Raleigh divorce attorney, contact Breeden Law Office at (919) 480-8005.

Call Breeden Law Office today:

(919) 296-3978

Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden