Your Asheville, NC family lawyer can help you manage your divorce, child custody, and alimony concerns with professional and experienced input. At The McKinney Law Group, we have over two decades of legal experience, and our founder Damien McKinney has a background in psychology and child development. Using this combination of legal know-how and compassion, we’re dedicated to your family’s best interests. Read on to learn more about our services, and contact us today to get started.
Child Support Adjustment
Child support is an important part of any custody arrangement. These payments contribute to the well-being of your child or your children, but the amount you have to pay can be adjusted in certain situations. For example, if you lost your job, or your ex married someone else, you could adjust the amount of money you need to contribute each month. Child support adjustments aren’t easy to argue, so you’ll definitely need a lawyer by your side.
Shared Custody
In some cases, both partners in a divorce can agree to set their difficulties and differences aside from the sake of their children. They’ll still separate, but they’ll work together to make sure their kids get a solid upbringing while spending equal amounts of time with each parent. This is called shared custody. Obviously, it takes a bit of negotiating if you and your soon-to-be-ex are interested in this option, but it has some definite positives: You both see your kids, and you both take part in making sure your kids grow up right.
Postnuptial Agreements
Many people know about prenups, but a postnup can be a valuable tool if you’re trying to protect your assets. If you and your spouse are going through a rough patch, you may want to consider a postnuptial agreement in case that rough patch turns into a divorce. Your Asheville family lawyer can walk you through the process, and can also explain how you can best approach a postnup if you’re already dealing with a rocky relationship with your spouse.
Know The Warning Signs Of Divorce
Every marriage is different, and so is every divorce. It can be difficult to fully recognize the warning signs of a divorce, but if you want to avoid getting completely blindsided, you should stay on the lookout for some of the following:
- Constant fighting: Every couple has their disagreements, but if you and your spouse do nothing but argue over everything, it could be a bad sign.
- Stonewalling: It’s normal to argue, and it’s normal to have quiet moments. But if those quiet moments are because you and your spouse just plain refuse to talk to each other… this is another major red flag.
- Considering (or pursuing) and affair: Infidelity breaks marriages. Cheating on your significant other will seriously damage your relationship – oftentimes in a way that can’t be salvaged or repaired.
- Contempt, resentment, or revulsion: These are all powerful emotions, and they don’t come into a marriage without good reason. If you and your spouse can’t stand the sight of each other – to the point of feeling contempt – it may be a sign you need a lawyer.
Contact Our Office Today
Family is important, and any legal issues that deal with your family – whether you’re dealing with divorce, child custody, alimony, or anything else – deserve careful legal representation and advice. The McKinney Law Group is standing by to help you through this difficult time, and we’re ready to show you your next steps forward. Contact us today, and see how an Asheville, NC family lawyer from our team can help.
Making Modifications To Child Custody
Child custody agreements are designed to address the needs of both parents and children, but life circumstances often change. When these changes affect the well-being of a child or a parent’s ability to meet the terms of an existing custody arrangement, modifications may be necessary. Adjusting a custody agreement involves careful consideration of legal requirements and a clear understanding of the child’s best interests. As an Asheville, NC family lawyer would confirm, addressing these changes effectively requires a tailored approach grounded in practical solutions.
Evaluating The Need For Changes
Modifications to custody arrangements typically arise from significant changes in circumstances. These might include relocation, shifts in work schedules, or concerns about a child’s welfare. Our family law lawyer will help clients to understand that courts will prioritize the best interests of the child, so any requested change must demonstrate how it improves or maintains the child’s quality of life. Parents should be prepared to present clear and relevant evidence supporting their request, whether it’s related to their availability, living conditions, or the child’s changing needs.
When seeking a modification, both parents have the option to collaborate on an updated arrangement or pursue court intervention. Collaboration can streamline the process and minimize conflict, but if disagreements arise, judicial involvement might be necessary to resolve disputes fairly.
Legal Process For Modifications
While a child custody lawyer will share that there are variations to the legal process for custody modifications, depending upon the state, there are certain principles that remain consistent. The parent requesting a change must typically file a motion with the court, outlining the reasons for the proposed modification and providing evidence to support the request. Courts often require that the change in circumstances be substantial and unforeseen at the time of the original order.
It’s essential to maintain open communication with the other parent during this process. Even if consensus isn’t possible, demonstrating a willingness to focus on the child’s needs can positively impact court decisions. An Asheville family lawyer can provide valuable guidance during this stage, helping parents manage the legal system while prioritizing the child’s best interests.
Challenges That May Arise
Modifying a custody agreement can sometimes lead to disagreements between parents. It’s important to approach these challenges with a focus on long-term outcomes rather than immediate frustrations. Keeping detailed records of interactions and decisions can help document efforts to act in good faith. Additionally, mediation may offer a productive way to resolve disputes without the stress and expense of extended litigation.
Our custody dispute lawyer will advise parents to consider how proposed changes will affect the child emotionally, socially, and educationally. Courts are particularly attentive to these factors, as their primary concern is the child’s stability and overall well-being. By thoughtfully presenting a case for modification, parents can help facilitate a smooth transition.
Working Toward A Better Future For Your Family
When creating the best environment for your child, it may be necessary to modify a child custody arrangement. By focusing on practical solutions and maintaining clear communication, parents can work toward a resolution that benefits everyone involved. If you are considering a custody modification, consulting with an Asheville family lawyer is an important first step. Our firm offers legal services to clients in North Carolina and Florida, and are prepared to help through each step of the process. Attorneys like those at The McKinney Law Group, have nearly two decades of legal experience and are ready to support you through the process and provide the legal insights you need to move forward with confidence.
The Benefits Of Legal Separation Versus Divorce
In this guide, our Asheville, NC family lawyer breaks down the key benefits of legal separation compared to divorce. When couples face marital difficulties, deciding whether to legally separate or divorce is a significant choice. Both options provide a path forward, but they come with different legal and financial implications. Understanding the key differences between the two can help individuals make informed decisions that align with their personal and financial goals.
1. Retains Legal Marriage Status
Legal separation allows couples to live apart while remaining legally married. This can be beneficial for those who want to maintain their marital status for religious, financial, or personal reasons. Unlike divorce, legal separation does not dissolve the marriage, leaving the door open for potential reconciliation. Additionally, this status can simplify certain legal matters, such as estate planning, inheritance rights, and access to spousal benefits that would otherwise be terminated after a divorce.
2. Financial Benefits Remain Intact
Many married couples rely on shared financial benefits, such as health insurance, social security, or tax advantages. Legal separation can allow spouses to continue receiving these benefits, which may not be available after divorce. Before deciding, it’s important to review how legal separation may impact existing financial agreements. In some cases, maintaining a legally recognized marriage can significantly benefit one or both partners, especially if one spouse relies on the other’s employer-sponsored benefits or pension plans. Consulting our skilled Asheville family lawyer to assess these financial implications can help ensure that separation remains a viable option without unnecessary financial hardship.
3. Provides Time And Space For Decision-Making
Divorce is a permanent decision, whereas legal separation offers time to assess whether ending the marriage is truly the best choice. Some couples find that time apart helps them gain clarity on whether they want to proceed with a divorce or work toward reconciliation. This separation period allows each partner to reflect on their personal and relational needs without the pressure of a legally binding divorce. Furthermore, it can provide an opportunity for therapy, mediation, or open discussions to determine if the marriage can be repaired before taking the final step of divorce.
4. Easier Transition for Children
Legal separation can provide a more gradual adjustment for children. It allows parents to establish custody and support arrangements without the finality of divorce. This can help minimize stress for children as they adapt to the changes in their family structure. Maintaining stability is crucial during this period, and legal separation enables both parents to create a structured co-parenting plan that prioritizes the well-being of their children. Many children struggle with the emotional challenges of a divorce, but a structured separation process can ease their anxiety by showing them that both parents remain actively involved in their lives.
Deciding What’s Best For You
Choosing between legal separation and divorce is a personal decision that depends on financial, emotional, and legal factors. Our Asheville family lawyer can help you understand the implications of each option and determine what works best for your situation. Assessing your long-term goals, financial needs, and family dynamics is crucial in making the right decision. Whether you are considering separation as a temporary solution or a step toward divorce, having clear legal guidance can make the process more manageable and less overwhelming. If you’re considering legal separation or divorce, we can help you explore your options. Contact us at The McKinney Law Group today to schedule a free consultation and get clear answers about your next steps. Our experienced legal team is here to provide insight into your rights, obligations, and the best path forward based on your specific circumstances.