Raleigh Dissolution Of Marriage Lawyer

Are you looking for a dissolution of marriage lawyer in Raleigh, NC?

At The McKinney Law Group Family & Divorce Lawyers, we have a dissolution of marriage practice built on nearly 20 years of client representation.

If you have been separated from your spouse for close to a year in Raleigh and want the marriage legally ended, the divorce itself is the simplest part of what lies ahead. North Carolina calls it an absolute divorce, and once the separation period is complete the court grants it with very little argument. A Raleigh, NC dissolution of marriage lawyer handles that filing and, alongside it, the property, support, and parenting claims that the divorce judgment will otherwise cut off.

Our founder, Damien McKinney, practices in both North Carolina and Florida and has represented divorcing spouses since 2006. Schedule a consultation with our firm before the year is up.

Dissolution of Marriage Lawyer Raleigh, NC

Ending a marriage in Wake County involves two separate tracks, and a dissolution of marriage attorney in Raleigh manages both. The first track is the absolute divorce: a complaint filed after one year of separation, served on the other spouse, and granted by a District Court judge, often on the paperwork alone without a hearing. Dissolution of marriage is the legal term for that judgment. It ends the marriage, restores a former name if requested, and changes each spouse’s rights to inherit from the other.

The second track covers everything the judgment does not decide. Equitable distribution, alimony, child custody, and child support are separate claims, and two of them disappear if the divorce becomes final first. According to CDC state statistics, North Carolina recorded 2.7 divorces per 1,000 residents in 2023. Nearly every one of those judgments followed a settlement or a lawsuit over money and children, which is where most of the legal work sits.

Types of Dissolution of Marriage Cases We Handle in Raleigh

Our firm files the divorce complaint and litigates or settles the claims that accompany it. The matters below cover most of what Raleigh spouses bring to us.

• Absolute divorce. We confirm the residency and separation requirements are met, draft and serve the complaint, and move the case to judgment without unnecessary court appearances. When the other spouse does not respond, we obtain the judgment by default.
• Equitable distribution. Marital property and marital debt are both on the table, and the law presumes an equal split is fair. The hard questions are classification and valuation, such as whether a professional practice or business is a marital asset and what it is worth as of the separation date.
• Alimony. No statewide chart sets alimony in North Carolina. A dependent spouse’s need, the supporting spouse’s ability to pay, and the conduct of both during the marriage all factor into whether alimony is awarded and for how long.
• Child custody and child support. Parents in Wake County are directed to custody mediation before a judge hears the dispute, and the parenting plan that results drives the child support calculation. We handle both claims together.
• Separation agreements. Most Raleigh divorces are resolved by contract rather than trial. A well-drafted separation agreement settles property, support, and parenting in one document, and a judge can make it part of the divorce judgment so it is enforceable as a court order.
• High net worth divorce. Executive compensation, closely held businesses, real estate portfolios, and retirement plans require appraisers, financial analysts, and careful tax planning. We coordinate that work so the division holds up.
• Prenuptial agreements. When a prenuptial or postnuptial agreement exists, it usually controls how property and support are handled at divorce. We enforce agreements for clients who signed them in good faith and challenge agreements that were signed under pressure or without full disclosure.
• Divorce from bed and board. North Carolina also allows a court-ordered separation based on fault, such as abandonment or cruel treatment. It does not end the marriage, but it can decide which spouse remains in the residence while the year of separation runs.
• Annulment. A marriage that was void or voidable from the start can be annulled rather than dissolved. The grounds are narrow, and an annulment has different consequences for property and support than a divorce does.

Why Choose The McKinney Law Group Family & Divorce Lawyers as my Dissolution of Marriage Lawyer in Raleigh, NC?

Wake County Practice Backed by Two State Licenses

Damien McKinney holds law licenses in North Carolina and Florida and has practiced divorce and family law exclusively since 2006. His bar memberships include the Buncombe County Bar Association and the Hillsborough County Bar Association’s Family Law Section, and Super Lawyers has included him on its Rising Stars list every year since 2012. In 2016 the same organization recognized him with its Distinction of Excellence. Raleigh clients get a lawyer who has practiced under two very different state systems and knows which arguments hold up in a North Carolina courtroom.

Settlement Where It Works, Litigation Where It Does Not

Most divorcing spouses in Raleigh want the case finished with as little cost and conflict as possible. We start by identifying what the parties already agree on and reducing that to a signed agreement. Contested property and custody claims go to mediation, and we prepare for those sessions with the same care we would bring to trial. When a spouse refuses to disclose assets or will not negotiate in good faith, we litigate. That is the working method behind every case we accept as a divorce lawyer in Raleigh, NC.

Understanding Dissolution of Marriage Cases in Raleigh, NC

Grounds, Residency, and Property Division in North Carolina

An absolute divorce in North Carolina rests on a small set of requirements, and property division follows its own rules once the divorce is in motion.

1. One spouse must have lived in North Carolina long enough to satisfy the state’s residency requirement before the complaint is filed.
2. The spouses must have lived apart for one full year, and at least one of them must have intended the split to last. Separate bedrooms in the same house do not count.
3. Fault is not required. The divorce is granted on the separation alone, and a spouse cannot block it by refusing to cooperate.
4. Equitable distribution and alimony must be requested while the divorce is still pending. Once the judgment is entered, neither claim can be brought.
5. Marital property is valued as of the date of separation and split down the middle unless the judge decides that fairness calls for a different result.
6. Custody and child support are decided under separate standards, at any point before or after the divorce, and they are never lost by the entry of the judgment.

What Is the Dissolution of Marriage Case Timeline?

The divorce complaint cannot be filed until the year of separation has passed, but the rest of the case does not wait for that date.

• Consultation and a review of the separation date, the marital estate, and any existing agreement.
• Negotiation and drafting of a separation agreement covering property, support, and the children, usually during the first months of separation.
• Filing of custody, support, or equitable distribution claims whenever an agreement cannot be reached, followed by court-ordered mediation.
• Filing of the divorce complaint after the one-year mark, with every property or alimony claim not yet resolved pleaded in the same complaint.
• Service on the other spouse and, after the response period runs, a request for judgment.
• The judgment itself, typically entered within a few months of filing when the divorce is uncontested, followed by hearings on whatever claims remain.

What Are Important Aspects of a Dissolution of Marriage Case?

Three issues cause most of the trouble in Raleigh divorces, and none of them is the divorce itself.

• Sequencing. The equitable distribution and alimony claims have to be on file before the judge signs the divorce. A spouse who handles the divorce alone, or through a form packet, can lose the right to a share of retirement accounts and the marital home without realizing it.
• Mediation. Contested custody claims go to the court’s custody mediation program, and equitable distribution disputes are routed to the Family Financial Settlement Program before trial. The benefits of mediation are real, but only for a spouse who arrives with accurate valuations and a clear proposal.
• Life after the judgment. A divorce changes health insurance eligibility, beneficiary designations, and inheritance rights. Updating estate planning after divorce belongs on the same checklist as the deed transfer and the retirement account order.

What Should You Bring to Your Dissolution of Marriage Consultation?

The separation date and the marital balance sheet drive the first conversation. Bring what you can from this list, even if some items are incomplete.

• Any court order or signed agreement already in place, including a prenup or separation agreement.
• Your marriage certificate and the date you and your spouse began living apart.
• Two years of tax returns, recent pay stubs, and statements for retirement, investment, and bank accounts.
• Mortgage statements and deeds for real estate, plus loan documents for vehicles and business debt.
• A list of assets and debts as they stood on the day you separated.

We use that material to confirm the divorce can be filed, identify which claims are at risk, and outline the order in which they should be handled.

Raleigh, NC Family Court and Local Resources

Raleigh residents file for dissolution of marriage in Wake County, which operates a dedicated Family Court that assigns one judge to a family’s related cases from start to finish.

• Wake County Family Court Administration, the office that manages domestic case assignments, scheduling, and case coordinators for Wake County families.
• Wake County’s file-it-yourself domestic packets, the court’s instructions for unrepresented spouses, which show how much paperwork even an uncontested case involves.
• Court information for the Wake County Courthouse, where Raleigh’s civil and family matters are heard.

Reach Out to The McKinney Law Group Family & Divorce Lawyers to Schedule a Consultation

The best time to meet is before the one-year mark, while every claim is still open. A Raleigh, NC dissolution of marriage attorney will confirm your separation date, review the marital estate, and tell you which claims must be filed with the divorce and which can wait. Contact us to schedule a consultation with a dissolution of marriage lawyer in Raleigh whose family law practice spans North Carolina and Florida.