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.

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No one enters a marriage looking for it to end in divorce. At The Van Winkle Law Firm, we recognize that the divorce process is emotionally, financially, and at times physically taxing. Our family law attorney will work with you diligently to guide you through this confusing and difficult time with kindness and grace. From separation to the entry of a Final Judgment, our attorney will be there for you through each and every step. Whether you and your spouse have separated or are contemplating separation there are several issues you need to be aware of:

  • (1) To file for divorce in North Carolina a person must have resided in the state for at least six months; and
  • (2) have been separated from his/her/their spouse for a year and a day.
  • If you have marital property together, you may need to consider filing for equitable distribution or negotiating a separation agreement prior to the entry of an absolute divorce.
  • If your situation meets certain criteria according to the North Carolina General Statutes, you may qualify for alimony and, as such, will need to file the proper complaint or negotiate for post-separation support in a separation agreement.
  • REMEMBER: If a Final Judgment of Divorce is entered without preservation of claims via a properly filed complaint, those claims are waived forever. If your situation might warrant a claim for equitable distribution or alimony, contact our family law attorney for a consultation regarding your rights under the North Carolina Statutes.

Separation Agreements

It is important to note that there is no need for paperwork to establish a “legal separation” in the state of North Carolina. That said, North Carolina recognizes and allows any married couple to execute a separation agreement. Once you and your spouse have decided to live separately and apart, you may begin to negotiate the terms of your separation and memorialize the same in a legal, valid, and binding contract that can be incorporated into a final divorce judgment. Separation agreements can allow for an amicable separation from your spouse while preemptively dealing with issues such as division of marital property, post-separation support/alimony, and even child custody and support before entry of a final divorce. If you believe you and your spouse would benefit from the entry of a separation agreement, our family law attorney can help you assess exactly what your needs are to preemptively deal with issues arising from your separation before the need for court intervention.


The addition of a child to a family is one of the most miraculous experiences in the world. Our family law team would be honored to help you navigate the process of legally joining a child with your family. While beautiful, the adoption process is complex and can be overwhelming for many families. Allow us to handle the tedious details so you can enjoy the process of legally uniting your family.

Premarital/Post-Marital Agreements

Everyone has their own reasons for it – let a Van Winkle family law attorney help you draft a premarital agreement or a post-marital agreement to help manage and anticipate how to deal with complicated issues before they arise.

Name of Persons

A person who wishes to change his or her name may do so by filing the necessary petition with the clerk of the superior court of the county in which the person resides. Parents may also file an application to change the name of a minor child to change said child’s name. Contact our family law team for a consultation regarding how and when you may change your name and/or the name of your minor child.