Cary divorce attorney, James T. Brooks, has an AV Preeminent peer rating from Martindale-Hubbell. The AV Preeminent rating means that other attorneys have ranked him at the highest level for his legal ability, analytical capabilities, judgment, communication ability, and legal experience. Additionally, James has been selected Business North Carolina’s Legal Elite multiple years and has an “excellent” rating on Avvo.
Separation, divorce and other family law issues are often complex. Consulting with a knowledgable family law attorney can provide you peace of mind during this difficult time. A divorce lawyer who practices divorce and family law exclusively will likely be the best source for advice on North Carolina laws regarding separation, divorce, child custody and other family law issues. Our Cary divorce lawyer practices divorce and family law exclusively. If you are going through divorce or another family law matter in Wake County, North Carolina, our divorce lawyer is here to help. A confidential consultation with our divorce attorney is the starting place.
If you need a divorce lawyer in Cary, NC, we have a knowledgeable family law attorney prepared to assist you with your legal issue. Our office is located near Regency Park in Cary, North Carolina (convenient for residents of Raleigh, Apex, Garner, Fuquay-Varina and Holly Springs as well). Our Wake County family law attorney handles all aspects of family law including:
- Separation (and Separation Agreements);
- Equitable Distribution (Dividing Marital Assets);
- Spousal Support (Alimony);
- Child Custody;
- Child Support;
- Premarital Agreements (Pre-Nuptial Agreements); and
- Post-Marital Agreements (Post-Nuptial Agreements).
Why should I schedule a consultation with a family law attorney?
A consultation will allow our divorce attorney to:
- gather information about your specific situation;
- explain the divorce and related laws that apply to your circumstances;
- inform you of your rights under those laws;
- assess your individual case;
- give you roadmap for moving forward;
- answer any questions you may have about North Carolina divorce law; and
- provide you with an estimate for our firm’s services if you choose to hire us.
Do I need a consultation with a divorce lawyer?
You should meet with a divorce and family law attorney if:
- You are contemplating separating with your spouse;
- You or your spouse has moved out;
- Your spouse has made threats about leaving you and you want to know what your rights are;
- You received a letter or draft separation agreement from your spouse’s attorney
- You were served with court papers; or
- You are contemplating marriage and want to consider a prenuptial agreement.
What do I need to know about separation and divorce in North Carolina?
When someone who is contemplating separation or divorce contacts our firm they want to learn about “the divorce process.” The following is a brief explanation of that process. There is, however, much more that our family law attorney will go over with you during a consultation.
In order to be legally separated in North Carolina, the law requires only that you or your spouse establish a separate residence with the intent of living separate and apart. There is no legal document required and nothing has to be filed with the court to be legally separated. To get divorced in North Carolina, you must be separated for one year prior to filing.
There are, however, often issues that arise when couples separate in contemplation of divorcing. Those issues are:
- Division of Marital Assets and Debts (Property Division)
- Spousal Support (Alimony); and if there are children involved:
- Child Custody; and
- Child Support.
North Carolina laws on separation and divorce give our judges the authority to divide divorcing couples’ marital assets and debts. When judges divide your marital assets and debts, it is called equitable distribution and the right to have a judge divide your marital property arises as soon as you separate. You can, and it is often advisable that you do, settle your claims for property division in what is called a separation agreement (or separation and property settlement agreement). During your initial consultation, our family law attorney will walk you through the various laws relating to property division in North Carolina and give you practical advice on how to best handle this issue.
North Carolina law also provides judges with the authority to order one spouse to make support payments to the other spouse. This is known as alimony and that authority arises once parties have separated. Not everyone is entitled to alimony. You need to talk with a family law attorney to determine if you are either eligible to receive alimony or potentially liable to pay alimony.
If you have children, North Carolina courts have the authority to determine how the parents will share custody of their children and the authority to order support for their children. During your initial consultation, our family law attorney will discuss with you the laws relating to child custody and child support and give you practical advice on how those issues can be resolved.
These issues can be dealt with in one of two ways: (1) by contract (usually called a separation agreement or separation and property settlement agreement); or (2) by the courts (requiring the filing of a law suit).
After walking clients through the process of separation and divorce many times, we have found that an individualized, candid, and objective assessment of each client’s family law case is essential to helping them face their issues and reach the best resolution possible, whether through negotiated settlement or through litigation. Learn More…
Our firm provides legal services in the areas of divorce and family law in North Carolina, tailored to meet our clients’ individual needs. Your individual family law case may include division of marital assets (equitable distribution), spousal support, child custody and/or child support. Or, you may simply need help drafting a separation agreement or obtaining an absolute divorce (simple or uncontested divorce). Whatever the case, we can help. Learn More…
Our process starts with a confidential consultation during which our family law attorney will listen to your individual circumstances, explain the applicable divorce and family laws in North Carolina, and give you a candid assessment of your case. While easy answers are rare in family law, you should walk away from your consultation with a good understanding of what lies ahead. Learn More…