Family Law Attorney in Cary

Board-Certified Family Law Guidance for Cary Families

Major family changes require legal guidance grounded in North Carolina domestic law and Wake County procedures. At Fresh Start Family Law, we represent clients in Cary and throughout Wake County in divorce, custody, support, property, and other family law matters.

Attorneys Kathy H. Lucas and Catherine R. Bailey are North Carolina State Bar Board Certified Specialists in Family Law. Our legal team has devoted a combined total of nearly 30 years to family law practice. We help clients make informed decisions while protecting their emotional and financial stability.

We pursue negotiated and collaborative resolutions when they fit the circumstances. If a dispute requires contested litigation, we provide courtroom representation focused on the legal and practical issues at stake.

Discuss your situation with a Cary family law attorney. Call (919) 849-5744 to arrange a confidential initial consultation.

Family Law Matters We Handle for Cary Clients

Family law disputes often involve several connected questions. A divorce may raise issues involving property division and alimony, while a custody case may require decisions about visitation, child support, or parental rights. We evaluate the full situation so that immediate procedural choices account for related concerns.

Our family law services include:

• Adoption
• Alimony
• Child custody
• Child support
• Collaborative law
• Divorce
• Domestic violence
• Fathers’ rights
• Grandparents’ rights
• Mediation and arbitration
• Modifications
• Mothers’ rights
• Parental rights
• Paternity
• Prenuptial agreements
• Property division
• Same-sex couples’ family law matters
• Separation and property agreements
• Visitation rights

Our representation covers initial filings as well as later efforts to modify or enforce existing orders. We also handle protective orders in domestic violence matters and cases involving termination of parental rights. Each matter begins with an assessment of the legal issues, existing documents, and decisions that may need prompt attention.

Wake County Mediation & Family Court Procedures

We prepare Cary clients for Wake County procedures, including required filings and mandatory mediation. In mediation, a neutral person helps the parties explore whether they can resolve disputed issues without a trial. Participation doesn’t require either party to accept an agreement.

In contested Wake County child custody cases, the process generally requires custody mediation orientation, a session through the court’s Custody Mediation Office, and an approved parent education class before trial. Initial custody filings, modifications, enforcement matters, and visitation disputes generally proceed through mandatory mediation unless the court grants an exemption for good cause.

North Carolina also requires mediation before child custody disputes and equitable distribution matters proceed to trial. Equitable distribution is the legal process used to classify, value, and divide marital and divisible property. Requirements and scheduling can depend on the claims filed, court orders, and whether an exemption applies, so we explain the steps relevant to each case.

Requirements for Absolute Divorce

North Carolina law provides two grounds for absolute divorce. The ground used in most cases requires spouses to live continuously separate and apart for at least one year, with at least one spouse intending the separation to be permanent. The other ground requires three years of separation because of incurable insanity.

At least one spouse must have lived in North Carolina for six months before filing. Isolated sexual intercourse during the statutory one-year separation period doesn’t reset that period under North Carolina law. Other conduct and living arrangements can still affect whether the legal requirements are met, so the facts should be reviewed before filing.

A divorce judgment can affect unresolved claims involving alimony and equitable distribution. We help clients identify which claims need attention before the judgment is entered rather than treating the filing as an isolated event.

What to Expect During Your Family Law Consultation

A confidential initial consultation identifies the issues requiring legal attention, reviews the available information, and clarifies the next procedural decisions. We offer in-person, phone, and Zoom consultations so Cary clients can choose the format that fits their circumstances.

Documents That Can Clarify Your Situation

Relevant documents help us understand the case at the outset. Depending on the matter, an initial consultation can include a review of marriage certificates, prior court orders, or protective-order paperwork.

Financial documents that may be relevant include:

• Pay stubs
• Tax returns
• Bank and investment records
• Property and debt records

Financial records can clarify questions involving support, alimony, and property division. Existing orders may identify custody requirements, payment obligations, deadlines, or compliance concerns. We determine which materials bear on the issues rather than requiring every client to assemble the same documents.

Legal Guidance & Paths to Resolution

Clients receive direct access to senior attorneys and support from a dedicated legal team. Attorney Catherine R. Bailey is a Certified Family Financial Mediator and Certified Superior Court Mediator. Attorney Kathy H. Lucas is an experienced Certified Parent Coordinator, providing relevant insight into parent coordination and high-conflict custody concerns.

When appropriate, we discuss negotiation, collaborative law, or mediation as possible routes toward resolution. We can also prepare a case for litigation when the parties can’t resolve a contested issue. Beyond legal representation, we offer referrals to financial advisors and family counselors for clients who want support addressing the broader effects of a family transition.

Plan Your Next Step with Informed Family Law Guidance

Contact us to discuss the legal issues affecting your family and the documents that may help clarify them. Confidential initial consultations are available by phone, Zoom, or in person.

We can explain the Wake County procedures relevant to your case, identify immediate decisions, and discuss an approach suited to the circumstances. You’ll have an opportunity to ask questions before deciding how to proceed.

Call (919) 849-5744 to schedule a confidential consultation with Fresh Start Family Law about your Cary family law matter.