Raleigh Divorce & Child Custody Attorneys

We at McIlveen Family Law Firm know that divorce and child custody matters are some of the most difficult issues an individual can deal with. The experienced family law attorneys at our Raleigh, North Carolina office are fully committed to helping you through such trying times, providing you with the effective and efficient legal service you need, and striving to obtain the most advantageous results possible on your behalf.

Our legal team has decades of combined experience in cases involving divorce and child custody, as well as with matters concerning child support, alimony, mediation, property division, prenuptial agreements, separation agreements, domestic violence, grandparent’s rights and more.

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 Raleigh Divorce

What are the legal grounds for divorce in the Raleigh-Durham-Chapel Hill metro area?
There are two grounds for divorce in North Carolina. First, you and your spouse must live separate and apart for at least one year. During this time, at least one of you must intend for this separation to be permanent. Second, one spouse must have incurable insanity and both of you must live separate and part for three years.
What are the residency requirements to file for divorce in Raleigh?
To file for divorce either party must have resided in the state of North Carolina for six months prior to filing for divorce.
How soon can I get divorced in Wake County?

For a divorce to be granted in North Carolina, both parties must have lived separate and apart for at least one year prior to filing for a divorce. Either party can petition the court for divorce after this one-year period is over. After filing, the opposing party must be served officially with the filed paper work, and is then given 30 days to respond to the complaint or waive his or her right to file before the court can enter a final divorce decree.

Every divorce case is different, and it can be hard to estimate just how long a divorce in Raleigh will take. It could be several months after filing before a dissolution is granted and the parties are divorced.

When should I contact a Raleigh divorce lawyer?
While you technically can’t receive your final divorce decree, until you have been living apart for one year, you can begin the divorce process even prior to your separation. It’s actually very important to speak with a lawyer prior to separating because what you do and how you handle the separation can impact your case. Things like moving out of house, potentially leaving the state, or how you deal with the kids can have serious ramifications on your case in court.
Do I automatically qualify for divorce if my spouse had an affair?
No. To be divorced, both parties must have lived separate and apart for at least one year. However, you may be entitled to claim for a special legal separation known as Divorce from Bed and Board and/or alimony based on your spouse’s wrongdoing. Note that a Divorce from Bed and Board does not dissolve the marriage, and so matrimonial bonds still exist.
Where do I file for divorce in Wake County or elsewhere in the Research Triangle?

If you reside in Wake County, you will need to go to file a divorce complaint with the Clerk of Court’s office in the Wake County Courthouse.

If you live in Durham, Chatham, Franklin, Granville, Harnett, Johnston, Lee, Moore, Orange, Person, Vance, Warren, Nash or another 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.

Raleigh Child Custody FAQ

What is child custody?

Legally speaking, child custody means having control and care of children. It refers to with whom the children will live with after a divorce.

Is there a preference for one parent over the other when it comes to child custody?

When it comes to child custody, Raleigh courts show no preference for either parent. It is not presumed that one parent is automatically more capable of taking care of a child. As with all North Carolina courts, custody matters are determined based on the child’s best interests.

What factors are taken into consideration when determining child custody?
Apart from the child’s best interests and welfare, the court takes other factors into consideration when deciding on who gets custody of the child. These include the child’s age and health, the parents mental and physical health, as well as each parent’s ability to care for the child, home environment, and economic situation.
Can modifications be made to a child custody order?
A parent may request the court to make changes to an existing child custody order, provided that the requesting parent can show that there has been a substantial change in one or both parents’ circumstances. A child custody order may also be modified if one parent violates the existing order.
Can my child express preference in Raleigh child custody matters?

There is no specific age when the court takes a child’s preference into account. Raleigh courts may take a child’s preference into consideration if it believes that the child is mature enough and is of a suitable age to express their wishes. However, the court does not need to take this preference into consideration when determining child custody rights.

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

Call    (877) 351-1513