Cary Divorce Attorney

Experienced Raleigh Divorce Lawyers Serving Wake County

At Montgomery Family Law, we realize that filing for a divorce is likely the hardest decision you have ever had to make. Our Raleigh divorce lawyers are here to help make the legal process as smooth and effective as possible for you and your loved ones.

With valuable experience in mediation and arbitration, we are committed to help you reach swift and amicable results. In the rare case where trial is necessary, our proven litigators can defend your rights while pursuing the most cost-effective result possible.

Why Choose Montgomery Family Law for Your Divorce?

• Two attorneys who are N.C. Board Certified Family Law Specialists
• Over 70 years’ combined experience among our attorneys
• Caseload that’s 100% divorce and family law
• Top-rated ethics & legal skill (AV Preeminent® rating)

Only 1% of all active North Carolina lawyers are Board Certified Specialists in Family Law. At our firm, two of our Cary divorce lawyers have attained this rare level of expertise in family law.

You can rely on our dedicated team to handle your sensitive legal matter with the skill, care, and excellence you deserve. Please do not wait to contact Montgomery Family Law today to learn how we can be of service to you.

For your initial consultation, please call (919) 348-2317 or contact us online today.

Understanding the Divorce Process in North Carolina

We are here for you at every step of the way. When you need professional and honest legal counsel, you can depend on our Cary lawyers. In your initial consultation, we can review your case and discuss your legal options and answer all of your questions about marriage laws and how to get a legal separation in North Carolina.

If you choose to work with Montgomery Family Law, we will follow a proactive, tailored strategy to help you reach a brighter future and protect your rights.

Our Cary attorneys are well-versed in legal family issues such as:

Legal Grounds for Divorce in North Carolina

North Caroline recognizes both fault and no-fault divorces. A no-fault divorce means that you are not blaming the end of your marriage on your spouse’s conduct.

To qualify for a no-fault separation, you must:

• Live separate and apart for one year
• Communicate with your spouse that the reason for the separation is because you don’t want to live together as a married couple
• Be a North Carolina resident for the six months prior to filing

A fault divorce means that you are attributing the end of your marriage to your spouses’ actions.

North Caroline recognizes the following as grounds for a fault divorce:

• Abandonment
• Adultery
• Alcohol or drug abuse
• Cruel treatment
• Incurable insanity
• Intolerable treatment
• Maliciously forcing the other spouse to leave

Property Division in North Carolina Divorces

North Carolina recognizes two separate ways of dividing property, marital and separate. Marital property are assets that have been acquired during the duration of the marriage itself.

Keep in mind this can also include any debts both parties have acquired as a couple. Separate properties are any assets or belongings that belonged to each spouse prior to the marriage.

During the court proceeding, if both parties can come to a mutual conclusion as to how the properties are split, then the judge doesn't need to intervene. If there are disagreements, then the judge may divide the assets or debt based off of equitable distribution.

Equitable distribution doesn't necessarily mean 50/50, it's based around what is deemed fair for both parties.

Factors that influence fair distribution include:

• The earning potential of each spouse
• The length of the marriage
• The contributions of each spouse during the marriage

Related Reading:

• The Cost of a Divorce in NC

Call (919) 348-2317 or email ustoday to request your divorce consultation.