If you are looking for a Charlotte Divorce Attorney or Charlotte Family Law Attorney, you have come to the right place. Our experienced lawyers are standing by ready to help with your family law matter.
At McIlveen Family Law Firm, we understand that divorce and child custody are two of the toughest challenges you can have in life. We know that with so much on the line, it is crucial to work with someone you can trust to protect your rights and best interests.
The Charlotte divorce attorneys will work tirelessly to help you through this difficult time in your life. It is our goal to get you the best results possible. We also strive to deliver an excellent experience even in this difficult time in your life. You can trust our Charlotte child custody attorneys with your child custody case or other family law matter.
Our divorce attorneys also work with clients who would prefer to attend mediation to resolve their family law cases. Our family law attorneys are experienced in Charlotte mediation and collaborative law cases. Mediation often proves to be an excellent way to settle your case without going to court.
Our legal team will utilize our decades of experience and vast knowledge of family law to help you with concerns involving adoption, divorce, child custody, child support, alimony, mediation, prenuptial agreements, separation agreements, property division, grandparents’ rights, domestic violence or any other family law related matter. Our attorneys also handle estate planning, wills, trust, and probate matters.
Our Charlotte, NC office is conveniently located at 400 S. Tryon St., Suite 950, Charlotte, NC 28202. Our Charlotte divorce attorneys represent clients in Mecklenburg County and the surrounding counties including Cabarrus, Catawba, Gaston, Iredell, Stanly, and Union.
Our Practice Areas
FAQs on Charlotte Divorce and Family Law
What Is An Absolute Divorce?
An absolute divorce is the dissolution of the marriage bonds created by the wedding ceremony. This type of divorce has several implications, such as a party no longer being allowed to make further claims for property division or alimony. Note that absolute divorce has no bearing on child custody or child support rights. These rights remain with a parent, irrespective of his or her marital status.
Other implications of an absolute divorce include the divorced parties being allowed to remarry, the change of tax status when filing a return, and a party being legally removed from the inheritance of his or her ex-spouse.
How long must I live in Charlotte to file for divorce?
Is there a required waiting period in before a divorce can be granted?
In North Carolina, both parties must live separate and apart for a minimum of one year before filing for divorce. Only after this one-year period is over can either party petition the court for a divorce.
Will my divorce be granted right away?
When should I contact a Charlotte divorce attorney?
Are there exceptions to the one-year separation requirement?
How do I go about serving my spouse in Charlotte?
You may also opt to serve your spouse by publication, but only if your attempts with all other acceptable methods were unsuccessful. You may use a newspaper qualified for legal advertising in accordance with state law, and which is circulated in the area where you believe your spouse is residing in.
Where do I file for divorce in Mecklenburg County?
Do I Need a Family law attorney in Charlotte, NC?
While there is no requirement that you retain a divorce attorney in Charlotte for your court proceedings, it is smart to have a good family law attorney on your side. The court personnel cannot give you legal advice about your divorce case. Many people come to us after their divorce decree has been signed by the Judge not realizing that they have waived their right to seek alimony or have their property divided through equitable distribution. We have also had people sign agreements without an attorney and find out that they gave up much more than they meant to by signing the separation agreement paperwork. Consulting with a divorce attorney should help you decide whether you want to handle the process yourself or hire a good divorce attorney to handle it for you.
What is Family Court?
Charlotte Child Custody FAQ
What is child custody?
What factors do the courts take into consideration when deciding on child custody?
NC child custody laws require the judge to use the best interest of the child standard to determine custody. Therefore, Mecklenburg County Courts are required to consider the best interests of the child. The court can consider the physical and mental health of both parents, the age and health of the child involved, and each parent’s home environment, economic situation, and ability to take care of the child.
Do Mecklenburg County judges favor mothers in custody?
Can my child decide on who he or she wants to live with?
When can changes be made to an existing child custody order?
As with child support and spousal support, child custody orders can still be modified. In order to modify an existing child custody order, the court must find there has been a substantial change in circumstances impacting the minor child. A substantial change may be found when a parent frequently violates a court order, or when one or both parents experience a significant change in circumstances. The change must impact the minor child. The parent requesting the change must be able to present evidence that shows the modification is justified. A good child custody lawyer can walk you through the steps for filing for a modification of custody and the lawyer should be able to explain the Mecklenburg County Court Judge’s likelihood of finding there has been a substantial change in circumstances. Modification of custody cases are always more difficult than initial custody cases.
"There is no one more organized, thorough, and all around tiger!" I have used Angela on several occasions, and honestly there is no one more organized, thorough, and all around tiger when it comes to killing them in the courtroom. She knows her stuff....she won't waste your time or money trying to do something that she doesn't thing will work. She's upfront and absolutely professional. Not just Angela, but her whole staff. Ice worked with and met several people at her firm, and you will not be sorry!