Family Law & Divorce Lawyers in Asheville, Hendersonville & Surrounding Areas
Family law matters can be some of the most difficult and delicate legal matters that a person can face. Such matters have the potential to be very emotionally and financially stressful, and as such, it is important to work with an attorney you can trust. Let one of our family law attorneys bring their considerable experience to bear in your family law case. Our dedicated family law attorneys can assist you with every aspect of your case from initial separation to final judgment. We guide you through the entire process from start to finish and ensure that you come through the process with the best possible result based on the facts and circumstances of your case.
Our family law attorneys handle cases in Asheville, Hendersonville, Waynesville, and many surrounding areas in Western North Carolina. We keep in constant contact with our clients and we actively work to move your case forward. Our family law attorneys are experienced litigators and practice only in the area of family law. We generally handle the following types of family law matters:
Couples who wish to dissolve their marriage in North Carolina can do so with an absolute divorce as outlined in North Carolina General Statute §50. One spouse is required to have resided in the state for at least six months and the couple completes a one-year separation period before the divorce can be finalized. While North Carolina is a no-fault state, a divorce may also be granted based on other grounds, such as abandonment or adultery.
Because a divorce encompasses a range of issues, such as child custody arrangements and taxation, the family court lawyers with The Van Winkle Law Firm can act as neutral third-party guidance to help keep your best interest at the forefront.
Child Custody & Visitation
The best interest of the child(ren) is the basis for child custody and visitation in North Carolina. Before a custody determination is made, the court accounts for a range of factors, including:
- The ability to care for the child(ren) by each parent;
- Whether each parent is able to create a stable living environment for the child(ren);
- The current living arrangement for the child(ren) and their relationship with each parent; and
- The overall safety of the child(ren) and whether there is a history of domestic violence.
Creating and discussing a child custody arrangement can quickly become an emotionally driven situation. An experienced family law attorney with The Van Winkle Law Firm can help you work with the other parent and even grandparents to create a custody and visitation arrangement that puts the child(ren)’s best interest first.
Child & Spousal Support
Child and/or spousal support have the end goal of providing monetary support for basic needs following a divorce. The divorce lawyers with The Van Winkle Law Firm can negotiate with the other spouse to obtain an adequate amount to cover everyday expenses.
Either spouse can file for alimony in North Carolina. Whether the court awards this type of financial support is based on several factors, such as one spouse is financially dependent on the other and the duration of the marriage.
Child support payments are determined using the Income Shares Model. Payments generally terminate when the child(ren) reaches age 18 unless the child(ren) is making satisfactory academic progress in high school. Then, payments may continue until the child(ren) reaches age 20. Monies from child support payments are meant to cover reasonable expenses related to the child(ren)’s education, health, and general lifestyle.
Post Separation Support
This type of spousal support is meant to help make sure the reasonable bills and household expenses of one spouse are paid until the divorce is finalized. A family attorney with The Van Winkle Law Firm can help you obtain an adequate amount based on the specific circumstances.
Property Division & Equitable Distribution
During the divorce process, the assets, liabilities, and property of both spouses are determined by the court during property division. Because North Carolina is an equitable distribution state, division of assets, liabilities, and property is based on a number of factors, including the need of a parent with custody to retain the former marital home. Property division is generally completed before deciding on alimony and/or child support.
In addition to the work of our experienced family law attorneys, our clients benefit from the collective knowledge and experience that comes with being the largest and oldest law firm in Western North Carolina. Established in 1907, The Van Winkle Law Firm has become one of the most trusted law firms in North Carolina. With a team of more than 35 experienced attorneys, we are committed to helping individuals and families resolve their legal matters with compassion and skill. We focus on providing personalized solutions to each client to ensure that their best interests are protected.
Family Law & Divorce Lawyers in Asheville, NC
The Van Winkle Law Firm focuses on providing clients with the highest caliber of legal representation available. If you are seeking an attorney for assistance with divorce or almost any other family law matter, we want to talk to you. To schedule an initial consultation with a member of our team, please contact us. We look forward to hearing from you.