Divorce Lawyers in Waynesville, Gastonia, and Asheville
When faced with a major life event like divorce, life can quickly feel overwhelming and uncertain. At Minick Law, we understand that the challenges couples and families face can place tremendous emotional and financial strain on a marriage. Our skilled and experienced lawyers are here to help, offering knowledgable advice and compassionate support during this difficult time.
Although the divorce process can sometimes be relatively straightforward, when a couple is not in agreement about factors such as children, finances, property and fidelity, divorce can become a stressful experience for everyone involved. Minick Law’s divorce lawyers will help guide you through the legal process, explain your case’s developments with transparency and honesty, and attempt to make the process as painless as possible.
In North Carolina, there are two types of divorce: Absolute Divorce and Divorce from Bed and Board.
Absolute Divorce is what most people are referring to when they think of “divorce”. In North Carolina, you can file after one year of separation, or on the grounds of incurable insanity (which requires three years of separation and proof of mental instability).
Divorce from bed and board
Divorce from bed and board is not a consensual separation, it is a ‘fault based legal action’. While not dissolution of matrimonial bonds, it signifies a court ordered decree of legal separation. Typically, when clients file for divorce from bed and board, they are claiming one of the following situations that the state of North Carolina recognizes as grounds for divorce from bed and board:
- Abandonment of the family
- Maliciously turning the complaining spouse out of doors
- Treating the “complaining” spouse in such a cruel or barbarous way that it endangers his or her life
- Indignities that render the complaining spouse’s condition intolerable or life overly burdensome
- Excessive drug or alcohol use that makes the complaining spouse’s condition intolerable or life overly burdensome
Whether you have a claim for Divorce from Bed and Board or are filing the paperwork for Absolute Divorce, many find the process to be confusing, time-consuming and costly, especially if it is not done correctly. Our experienced lawyers are skilled at navigating these legal channels and handling this process with mastery.
Equitable Distribution is the legal term for the process by which property acquired during the course of the marriage is distributed. Classifying, assessing, and dividing property can be very stressful and time consuming, especially when ‘the gloves come off’. Because of financial or emotional entanglement to possessions, attachment to certain pieces of property can make equitable distribution difficult, to say the least. It is extremely helpful to have someone mediate the process of property distribution, as a third party often can foster communication that couples cannot achieve alone. Your property is too valuable to lose; it’s essential that you speak with our team of family attorneys about equitable distribution to help you fight for what you deserve.
Alimony and Post-Separation Support
Alimony refers to payments made by one spouse to the other after the couple has divorced. This is typically the result of an existing income dependency of one spouse on the other. To qualify for alimony, one spouse must be deemed “dependent” on the other spouse financially. The purpose of alimony is to allow a transition period for the dependent spouse and allow that spouse to continue to live in the lifestyle that spouse was used to during the marriage. Post-separation support is a form of temporary alimony that is paid during the separation period prior to divorce. There are numerous factors that a Judge can consider when determining the amount and duration of the spousal support. You can ensure future security by finding out if you qualify for Alimony or post-separation support. Our attorneys are happy to answer your questions about spousal support.
Separation Agreements are contracts formed between the parties in regards to property distribution, spousal support, child custody and child support, as well as any other issue that the parties desire the agreement to resolve. This process is appropriate for parties that do not want to go to court. Drafting and negotiating separation agreements is often a difficult process because both parties want to make sure that what they receive is fair, and ‘fair’ is relative to each party. Coming to an agreement through this process takes meditation skills and legal knowledge. It is always in your best interest to hire a family law attorney trained in such skills to help negotiate a settlement, and Minick Law’s team is here to help you achieve your goals.
Any person in need of legal representation would do themselves a service to secure this firm.
Mediation / Negotiation
First off, many people consider mediation and negotiation as the same thing. While they’re closely related, they refer to different processes.
Mediation is the process which channels communication between the parties involved through a third party, seeking to identify the problems at hand. The goal is to promote reconciliation, foster understanding and promote a settlement that is agreeable to both sides. In mediation, it is the parties, not the attorneys, who make the final decision.
Negotiation is the process that explores the different needs and desires of each party, in order to divide the assets, liabilities, and responsibilities in a regulated settlement, with the intention of avoiding litigation.
A dispute over child custody can be the most stressful event a parent will ever have to endure. The child’s best interest is the standard used when a judge is determining which parent will get custody and what custody situation is the most appropriate. Each and every child custody matter is unique, and your child’s future is too important to be ruined by ugly custody battles or other abuses. A skilled attorney can make all the difference in a child custody dispute that would otherwise turn hostile. You can look after your child’s best interests by contacting our custody lawyers, so that we can remedy your situation as quickly and painlessly as possible.
Parents are not the only ones involved child custody issues. Minick Law’s family lawyers also help grandparents or other third parties with child custody when, for one reason or another, parents are not able to properly parent their children. There are many special issues regarding whether or not a 3rd party has “standing” to sue for custody in court. If you have questions as to whether you would be able to file a third-party custody claim, please contact us to set up a consultation.
Your child’s future is precious. You don’t want finances to hold them back or cause them to miss life-changing opportunities. In all cases of divorce or separation where minors are involved, you can claim financial support for your children. Child Support in North Carolina is traditionally established by a guideline amount. Worksheets are filled out and child support is established, depending on different factors. However, there are certain situations in which the guideline amount is not appropriate. Filing paperwork improperly, especially in cases where the guideline amount is not appropriate, can waste time and jeopardize financial security that is critical to your child’s future. Our team can help evaluate your case and file the necessary paperwork quickly and correctly.
Legitimation is a service available to fathers who were not included on their child’s birth certificate. It often is done for biological parents wishing to pursue custody, but also for the purpose of establishing inheritance. The process of filing for legitimation is complex, and many find that they waste time and money when it is not done correctly. Contact us for help with the legitimation process.
Termination of Parental Rights
A parent’s rights may be terminated for neglect, abuse, abandonment, failure to pay child support, or to effectuate adoption. Terminating a person’s parental rights has serious financial and legal implications for all sides. If you are seeking to terminate the other parent’s rights, or if your child’s other parent is seeking to terminate your rights, it is imperative that you contact an experienced Family Law attorney, in order to help preserve your parental rights.
Visit our Blog for more information about Family Law / Divorce related topics:
The Minick Law Difference
Our team of attorneys are dedicated to helping individuals regain control of their lives. We pride ourself on three things: clarity, creativity, and compassion.
First and foremost, our Family Law team aims for transparency and openness when dealing with family matters. We want to best understand the challenges you’re facing, so that we can get on the same page moving forward. Building trust and rapport with our clients allows us to explore all the legal options available to you as quickly as possible. You’ll find that our lawyers take the time to listen to all the details of your case, making sure that we catch even the smallest bits of information, as small details often hold they key to a successful outcome. Our legal team strives to keep you clearly informed of all available legal pathways relating to your case, so that we can help you choose the one that is best for you.
Minick Law’s family lawyers are experienced in all matters involving family law and domestic cases. What sets us apart from other family/divorce lawyers is that our Firm works as a team, drawing from each member’s individual strengths to help us create the strongest possible argument for your case. Because each family and marriage is unique, our Family Law attorneys are constantly consulting with one another based on each person’s unique case experience and skill set, to make sure that we examine your case with the most experience and background knowledge as possible. The result of this collaboration is that our team excels at providing creative and exceptional solutions to the most complicated legal issues.
We take pride not only in providing skillful legal counsel, but also on being compassionate and caring towards our clients. We work hard to build lasting relationships with our clients on an individual basis. Simply put, we’re here to help you. Our lawyers want to understand the financial and emotional burden that you’re going through, so that we can offer you personalized representation that fits with your goals. We wish to provide you with a safe and calm setting, so that you can feel comfortable and confident in the service we provide. Keeping you updated on all the legal developments and options related to your case, you can rest assured you’re in good hands. With Minick Law at your side, you can begin to relax and focus on the process of regaining control of your life.
Your Minick Law Attorney will personally meet with you from the beginning of the attorney-client relationship, and will be in contact with you throughout your case. Our goal is to provide you with the best legal counsel, while keeping you informed of developments in your case, and options available to you.
Contact Your Family Law Lawyer
Call Minick Law, P.C., to set up a personalized consultation with one of our Family Law Attorneys. After speaking with our team, you will have a better understanding of the strength of your case and what options are best for you. Call us now at 828-333-5024 and see our blog post “How Do I Obtain A Divorce In NC” for additional information.
This Law Firm really knows how to get the job done! What a wonderful and pleasant experience knowing and trusting that they would help me out in my time of need. I highly recommend The Minick Law Firm for any of your needs. Thank you!
If attorneys are going to be this compassionate and nice I am going to have to stop telling attorney jokes.
This is a law firm for the people and we should appreciate how rare this is becoming.