Asheville Lawyers Representing Non-Married Couples in Family Law Matters
We recognize and respect all of the forms that families can take
For a myriad reasons, couples of all sexual orientations may decide that the formalization of their union by obtaining a marriage license is not what they want. Unmarried persons are not entitled to claims for equitable distribution or spousal support (post-separation support or alimony). Therefore, unmarried persons without agreements as to the division of their assets must be creative in their efforts to secure their assets in the event of a dissolution of the relationship. To that end, the Board Certified Family Law Specialists of Montford Family Law can work with unmarried persons to draft a Domestic Partnership Agreement that can have a similar effect of a prenuptial or post-nuptial agreement. Further, the parties can enter into a Property Settlement Agreement with respect to any division of property that was acquired during the course of the parties’ relationship.
If, however, the parties are unable to come to an agreement as to a fair settlement of the parties’ property, we can advise and represent you in protecting your rights through a litigated cause of action, such as Partition, Creation of a Constructive/Resulting Trust, Unjust Enrichment, Recovery of Personal Property, and other equitable remedies. These claims are complex, and the Judge has significant discretion over the ultimate decision, so you want to make sure you have an attorney on your side with the requisite knowledge and experience to prosecute these claims on your behalf. The Board Certified Specialists in Family Law at Montford Family Law have represented individuals on both sides of similar disputes, and they will be with you each step of the way.
Since North Carolina has marriage equality, every married same-sex couple has the same rights after separation as opposite-sex couples. Therefore, for matters related to divorce, property distribution, or spousal support for same-sex couples, please see those particular issues under “Areas of Practice.”