Gastonia Divorce Lawyers & Child Custody Attorneys

Dealing with divorce and child custody matters can be extremely stressful, and we at McIlveen Family Law Firm understand the emotional and financial challenges that you may be facing. We have Gastonia divorce lawyers and child custody attorneys who are ready to help you navigate the family court system. 

With so much at stake, it is vital that you work with a professional you can trust to protect your rights, as well as the best interests of your children. Our Gastonia family law attorneys, are equipped to provide you with quality and compassionate legal representation. We will help you through this difficult time and help you achieve the best results possible.

The legal team will utilize their vast knowledge of family law and decades of legal experience to help you with matters involving divorce, child custody, alimony, child support, property division, mediation, prenuptial agreements, separation agreements, domestic violence, grandparent’s rights and more.

Gastonia Family Law Attorneys - Sean and Angela McIlveen

Download Our FREE North Carolina Divorce Guidebook

Our Practice Areas

Our Team

At the McIlveen Family Law Firm we pride ourselves in having a truly top-notch team of attorneys that have intimate knowledge of NC divorce & family law.

Video Education Library

We have dozens of videos created by our attorneys giving tips, advice and answering questions on all sorts of divorce and family law issues and questions.

Schedule a Consultation

Schedule a consultation today! You can contact us by phone or by using the contact form. Our attorneys handle family law cases in Gastonia and Charlotte, N.C.

Child Support Calculator

Our Child Support Calculator will automatically calculate your child support and allow you to download it in PDF format.

High Net Worth Divorce

High income couples going through a divorce face significantly different issues than those divorces involving lower income couples.

Hiring a Divorce Attorney

Getting divorced is one of the most stressful things a person will ever go through. Hiring a divorce attorney doesn’t have to be difficult.

FAQs on Gastonia Divorce and Family Law

What are the legal grounds for divorce in Gastonia?

In Gastonia, along with the rest of North Carolina, there are two grounds for divorce: One is that both parties must live separate and part for one year. During this year, at least one party must intend for the separation to be a permanent arrangement.

The other is that one party must have incurable insanity. The couple must live separate and apart for three years. Note that proof of incurable insanity is necessary to serve as a legal ground for divorce.

How long do I need to wait before a divorce can be granted?
In Gastonia and the rest of North Carolina, parties must live separate and apart for at least one year before they can file for divorce. After this one-year period is over, either party can petition the court for divorce.
When should I contact a Gastonia divorce lawyer?
You can’t receive your final divorce decree, until you have been living apart for one year, but you can begin the process of divorce even prior to your separation. It’s highly advisable to speak with an attorney prior to separating because how you handle things like moving out of house, potentially leaving the state, or how you deal with the kids can have a serious impact on your case in court.
How soon will a divorce be granted?
The entire divorce process takes some time. After the parties have lived separate and apart for one full year, the opposing party can officially be served. The party served will be given up to 30 days to respond to the complaint or waive his or her right to file. Only after this time can the court enter a final divorce decree.
How do I serve my spouse in Gaston County?

You have several options when it comes to serving your spouse in Gaston County. You may opt to serve him or her via the county sheriff, via registered or certified mail (return receipt requested), or through a duly authorized person.

If your attempts to serve your spouse with these acceptable methods are unsuccessful, you may opt to serve by publication. This means using a newspaper qualified for legal advertising according to state law. This publication must be circulated in the area where your spouse is believed to reside in.

Where do I file for divorce in Gastonia?
If you are from Gastonia, you may file for divorce with the Clerk of Court’s office in the Gaston County Courthouse. If you live in Lincoln, Cleveland, Mecklenburg or another nearby county you’ll need to file for divorce in the Clerk of Court’s office in that respective county.

FREE North Carolina Divorce Guidebook

  • Understanding the Legal Process
  • Child Custody
  • Child Support
  • Money Issues
  • Pitfalls for Military Spouses
  • Separation Agreements
  • Psychological Considerations
  • When Do I Need to Get a Lawyer

Written by Angela McIlveen the Guidebook is meant to give you an overview of NC divorce law in words you can understand (not legalese). It will explain some options, and in general help you prepare for divorce.

Gastonia Child Custody FAQ

What is child custody?
Child custody is the term applied to the control and support of a child, which is determined by the court when the child’s parents divorce or separate. Simply put, it refers to with whom the child will live with after a divorce.
Is there a preference for mothers over fathers in decisions related to child custody?
Courts have no preference for either parent in child custody matters. No parent is presumed to be more capable of caring for a child. All North Carolina courts determine custody matters based on what is in the child’s best interests.
What factors are taken into account when determining child custody?
The court takes several other factors into consideration when determining child custody. Apart from the child’s welfare and best interests, Gaston County courts also consider the mental and physical health of both parents, the child’s health and age, as well as each parent’s economic situation, home environment, and ability to care for the child.
Can a child custody order still be changed?
A parent may request the court to make changes to a child custody order at any time. The requesting parent, however, must be able to show that there is a significant change in one or both parents’ circumstances. A child custody order can also be changed if one parent violates the existing custody order.
Can a child decide on who to live with?

If the child is of a suitable age and is mature enough to express his or her wishes, then the child’s wishes may be given considerable weight. The judge, however, may decide to rule differently if he or she believes that the child is better off living with the other parent.

Contact our experienced Gastonia divorce and family law attorneys today to schedule a consultation.

McIlveen Family Law Firm Reviewed by Dalal on .
"I would definitely recommend this firm for any family law needs!" My lawyer was extremely informative and kept me up to date on everything, answering emails and phone calls after hours and on weekends. The entire staff is friendly and very down to earth. It is well worth the price for the services you receive, the attention to detail that my lawyer put into his work, and the peace of mind that your case is in good hands. I would definitely recommend this firm for any family law needs!
Rating: 5.0 ★★★★★
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