Asheville Divorce Attorneys
Strong advocacy for spouses when marriages end in North Carolina
It's never easy to admit that a marriage is over, but it's necessary when, for romantic or other reasons, spouses simply can't live with each other. At Epperson Law Group, PLLC, we help spouses of all backgrounds and circumstances – including long-term marriages, marriages with minor children, military marriages, high-asset marriages, and high-conflict divorces.
Our Asheville divorce lawyers help spouses divide their property, protect their children, and secure their economic and personal futures. We're here to explain how the divorce process works, explain your rights, explore your options, and resolve your family disputes. Call us today.
How can we help?
- What types of divorce cases do your Asheville family lawyers handle?
- What grounds do I need to file for divorce in North Carolina?
- How does a military divorce differ from a standard North Carolina divorce?
- How is marital property divided in Asheville?
- How does Asheville determine child custody when parents divorce?
- How are divorces resolved in Asheville?
- Do you have an Asheville divorce lawyer near me?
What types of divorce cases do your Asheville family lawyers handle?
At Epperson Law Group, PLLC, we provide legal and practical counsel for all types of divorces, including the following:
- Newly marrieds
- Spouses with children
- High-asset divorces
- Military divorces
- Same-sex divorces
- Spouses who have been married for a long time
- Absolute divorces – no grounds required
- Divorces where grounds are required
We represent spouses who have premarital agreements, need estate planning advice, have bankruptcy concerns, and have other related problems.
We handle every type of claim that must be considered when you divorce, including child custody, child support, property division, and alimony.
What grounds do I need to file for divorce in North Carolina?
Most divorces in Asheville and throughout North Carolina are based on “absolute divorce.” Either spouse can file for an absolute divorce if:
- The spouses have been separated for at least one year and
- Either spouse has resided in North Carolina for at least six months.
The marital relationship cannot be restarted during the separation period, and at least one spouse must intend for the separation to be permanent.
The injured/aggrieved spouse can also seek a divorce in North Carolina based on “divorce from bed and board.” This type of divorce requires one of the following grounds. The other spouse:
- Abandons his/her family
- Maliciously turns the spouse seeking the divorce “out of doors”
- Endangers the life of the spouse filing for divorce through “cruel and barbarous treatment”
- Offers such indignities as to render the life of the spouse filing for divorce intolerable and burdensome
- Excessive use of alcohol or drugs to cause the life of the spouse filing for divorce to be intolerable and burdensome
- Commits adultery
A divorce from bed and board entitles the person seeking the divorce to a hearing and resolution of the same divorce dispute issues as an absolute divorce – child custody, child support, property distribution, and alimony. The spouses cannot remarry unless one spouse also seeks an absolute divorce.
How does a military divorce differ from a standard North Carolina divorce?
Our Asheville divorce lawyers understand the unique issues involved with military divorces. Founding partner James L. Epperson served in the U.S. Navy JAG Corps. Attorney Steven B. Ockerman is a graduate of the U.S. Naval Academy and Washington University School of Law.
Some of the unique issues in military divorces include obtaining service on military members, proceeding with a divorce when a spouse is engaged in active duty, military pensions, VA benefits, VA disability pay, parenting plans when military members are deployed, and other issues. Our Asheville military divorce lawyers represent both members of the military and their spouses.
How is marital property divided in Asheville?
Part of any divorce in Asheville is the division of the property of the spouses. Our Asheville divorce lawyers will explain which property you can keep, which property you should prioritize, and which property you might be willing to trade for assets in your spouse’s name.
- Separate property. This is the property you can keep. Separate property is a property you owned (or your spouse owned) before the marriage that was acquired through a gift or inheritance from a third party or was acquired after you and your spouse separated (with post-separation earnings).
- Marital property. This is the property (assets and debts) that you and your spouse acquired during your marriage. Marital property includes the marital home, businesses of either spouse, bank accounts, cars, jewelry, tools, and other personal possessions. Marital property also includes different types of retirement benefits earned during the marriage, such as pensions and IRA accounts.
We’re available to help you value and prioritize the assets you want and negotiate the division of all your assets with your spouse. For example, if you have children, we may be able to help you keep your home by giving up the right to other assets.
In North Carolina, marital property is divided “equitably,” which means fairly based on your financial circumstances and your spouse’s. We can also address any increases or decreases in the value of the marital property between the time of the separation and the time of the hearing or trial that determines how the court will divide your property (if you haven’t reached an agreement).
How does Asheville determine child custody when parents divorce?
Our Asheville divorce lawyers fight to ensure that you obtain sole physical and legal custody (or shared/joint physical and legal custody) with your spouse – depending on the best interests of your children. Many child custody disputes are resolved through mediation or a settlement agreement. Our experienced trial lawyers will fight to secure a proper child custody order to ensure your child’s future.
How are divorces resolved in Asheville?
There are five ways that divorce disputes can be resolved in Asheville. Four are friendly and usually less costly; one is not. Our Asheville divorce lawyers are skilled in every way. The four amicable ways are:
- Negotiated settlements. These are agreements between the spouses and their lawyers. Many divorce disputes can be settled amicably if there are few assets and no children.
- This process involves a neutral mediator who is normally an experienced North Carolina divorce lawyer. The mediator tries to forge an agreement between the spouses and their lawyers.
- Collaborative divorce. This process involves the spouses, their lawyers, and professionals such as child psychologists and financial appraisers. You and your spouse meet on your schedule with your lawyers. The experts help both spouses understand the needs of their children and the value of their marital property. After a few sessions, many disputes are resolved through collaboration.
- In this process, each side presents their case before a neutral arbitrator, who will be selected by both sides. Unlike mediation, the decisions of the arbitrator are final. Arbitrators can decide child custody, child support, alimony, and property division. They cannot decide whether to grant a divorce, terminate parental rights, or grant an adoption.
The one that is not amicable is litigation. When the parties cannot resolve their disputes, they can litigate their case and have a judge make decisions. In a few cases, the only way to reach a final resolution will be at a trial before a Buncombe County family law judge. The spouses and their witnesses can present their testimony in open court with a judge or, in very rare cases, a jury, having the final say.
Do you have an Asheville divorce lawyer near me?
At Epperson Law Group, we meet people who are divorcing at our Asheville office located at 1998 Hendersonville Rd. #25 Asheville, NC 28803. Our family lawyers also consult with spouses by phone and through video conferences. We’ve helped many people going through a divorce secure their financial and personal futures.
Speak with a respected, friendly Asheville divorce lawyer now
At Epperson Law Group, PLLC, we understand how anxious you are. While having to cope with the emotional distress of a divorce, you have to protect yourself and your children financially. Our Asheville divorce lawyers have the experience and working relationships with counselors, business appraisers, pension experts, and other professionals to protect your future.
Most divorce disputes do settle before trial – especially when opposing spouses understand we are ready to go to court if necessary. To schedule a divorce consultation, please call us or fill out our contact form.