Angela McIlveen is the CEO and Co-Founder of McIlveen Family Law Firm.
The first thing you will notice when you meet Angela McIlveen is that she genuinely cares about her clients and the clients of the Firm.
Maybe it’s because she remembers going through her parents’ nasty divorce when she was 6 years old. Angela knows that her parents' divorce impacted her life. Angela McIlveen remembers growing up with her dad when kids didn’t grow up with their fathers and she says it definitely shaped her life. In case you are wondering, no her mom wasn’t a bad person. Her dad just had the best attorney in town.
She also has the unique perspective of having gone through her own custody trial and having sat in the witness seat in court. She knows how crazy going through a divorce or custody lawsuit can make you, Angela knows how painful it is to have your life torn apart.
Angela's colleagues say that she's aggressive. But Angela McIlveen says that she's just passionate about her clients. Whether Angela is in or out of the courtroom, she gives it her all.
Since graduating from law school, Angela McIlveen has focused her practice exclusively on litigation including discovery, court motion hearings, deposition, trial, mediation, and appeals. As a partner at the McIlveen Law Firm, Angela McIlveen handles cases in family law including child custody and support, divorce, alimony, adoption, separation, domestic violence, and equitable distribution.
The firm has four offices: Charlotte, NC, Gastonia, NC, Raleigh, NC, and Greenville, SC. The firm handles cases in Charlotte, Concord, Gastonia, Hickory, Lenoir, Lincolnton, Mathews, Monroe, Shelby, and Statesville. And the Raleigh office serves clients in Durham, Cary, Raleigh, and surrounding cities. The Greenville office services Greenville, York, Anderson, and surrounding cities.
When Angela is not full speed ahead in the courtroom and running a growing law practice, she loves spending time with her family.
- Family Law
- Domestic Violence
- Credit Cards Accepted
- North Carolina
- English: Spoken, Written
- Partner Attorney
- McIlveen Family Law Firm
- - Current
- Partner Attorney - Family Law in Charlotte and Gastonia NC
- Case Western Reserve University
- Lenoir-Rhyne College
- North Carolina State Bar
- - Current
- The North Carolina Divorce Guidebook
- Word Association Publishers
- Building an Inc. 5000 Law Firm, Lawyernomics, Las Vegas, NV
- Angela McIlveen spoke a the Avvo Lawyernomics conference on Building an Inc. 5000 Law Firm
- NON-TRADITIONAL FAMILY STRUCTURES AND PATERNITY DISPUTES, Advanced Divorce Law, Charlotte
- Angela McIlveen spoke on Non Traditional Family Law Structures and Paternity
- Value and Dividing Complex Assets, Advanced Divorce Law, Charlotte
- Angela McIlveen spoke on advanced divorce law.
- Failure to Obtain and Interpret all Financial Documents, Divorce Law: Common Mistakes in Dividing Assets, Raleigh
- Angela McIlveen spoke on common mistakes in Divorce when you fail to obtain financial documents.
- Q. I married in January 2019 and broke up in February 2019. What's my separation date?
- A: Your question is when are you legally separated in NC. North Carolina defines legal separation as living separate and apart with one party intending the separation to be permanent. When your husband moved out of the home on February 14, 2019, did one of you intend the separation to be permanent or were you continuing to work on your marriage? If he moved on out on the 14th and that was the end of your marriage (you didn't continue to have sex or spend nights together), then February 14, 2019, is your date of separation. If you have more questions about divorce or your date of separation you should talk to a divorce lawyer. In NC, you have to be separated for one year and one day before filing for divorce. The earliest date you can file for divorce is February 15, 2020. You can learn more about divorce on our website: https://www.mcilveenfamilylaw.com/north-carolina/divorce-information-facts/
- Q. I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?
- A: Child support may be court-ordered or agreed upon by parents. You don't say whether your child support is court-ordered. If your child support is court-ordered then you are only required to pay what is ordered by the court. It sounds like your child's mother has a very unstable situation. She has lost her job, lost her housing, is living with someone and has lost daycare assistance. Perhaps, the better question to ask is would you be able to better care for your child than she can? If you can then maybe you should consider hiring an attorney to help you get custody of your child. If you think your child is ok living with the mother then maybe you want your child in daycare because you can be sure your child is safe during the day and is getting breakfast and lunch. If that's the case, it may be worth it for you to pay child care directly. If you do pay child care you could seek to modify your child support to account for the fact that you are paying for child support. You can learn more about child support by visiting our website: https://www.mcilveenfamilylaw.com/caseswehandle/child-support/
- Q. Divorced and have a 6 year old son with NO custody agreement, ex wife has no power in home can i keep my son with me?
- A: The United States Constitution provides that parents have the right to raise their children. There is no distinction between mothers and fathers. Fathers have just as much right to parent their children as mothers. When there isn't a custody order in place, parents have equal rights. This means you have the same rights as your child's mother. You can pick your child up and keep your child. You can transfer him to a new school. The issue you may run into is that his mother can do the same thing back to you. She can also pick him up and keep him or change his school. Child custody lawyers, like myself, call this rush to the schoolhouse. It happens when parents rush to the school to beat each other to get there first so they can be the one to snatch the child back again. It sounds like what you really need is a court order for child custody. In your situation, you should talk to an attorney about getting an emergency or temporary custody order. You can view more information on child custody on our website: https://www.mcilveenfamilylaw.com/north-carolina/charlotte/
- Q. been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?
- A: You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.
- Q. What do I do if my ex wife is wanting to move my son out of NC without a custody agreement ?
- A: You need to hire an attorney and file a lawsuit for child custody. Depending on the circumstances, you may be able to get an emergency custody order granting you emergency custody of your son so that she cannot take him out of the state. If she moves to SC and they live there for six months, she will be able to file for custody in SC. It's important that you take action quickly. The longer you wait to file the more expensive your custody case will become.
- Q. My child dont want to see godaunt(non_related) and she 6 and we going through custody court what to do?
- A: Provided that you and your child's other parent are not going through a custody case right now then your child's god-aunt would be seeking what is called third-party custody. In order to obtain custody, she will have to show that you and your child's other parent are unfit parents or that you have abdicated your parental rights. It is very difficult for a third party to win a custody lawsuit against a parent. If you and your child's other parent are in an ongoing custody case then it's possible that the god-aunt is seeking visitation and not custody. There is a distinction in third party custody cases. In a visitation case, she only needs to prove that it's in your child's best interest for her to have visitation. In a custody case, she has to first prove she has standing to bring the lawsuit and then if her case isn't dismissed, she has to prove that it's in the best interest of your child that she has custody. Please talk to an attorney. These cases are complicated and you need good advice to move forward.
- Q. Can my ex get our child from another persons house?
- A: Your ex would be able to pick up his child from another person's home without your consent. Hearing your story I'm afraid that you are setting yourself for a terrible custody case. NC judges are not very sympathetic to a parent who is withholding or hiding a child from another parent. It sounds like you realize that you may have made a mistake in hiding your child. Now would be the time to make amends. I would also suggest that you find a counselor to talk to. Going through a break up is a stressful event and many people do things they regret later. Remember the most important thing is doing what is in the best interest of your child.
- Q. If I sign a separation agreement to disperse our home equity, does that mean I can’t ask for alimony if we divorce?
- A: In NC alimony and equitable distribution are separate claims in a divorce action. Accepting the home equity would not prevent you from filing for alimony unless the agreement included a waiver of alimony. However, depending on the wording of the agreement, it could prevent you from bringing an equitable distribution claim in the future. His pension would be considered part of equitable distribution. Also, it's important that you know that if he files for divorce and the divorce is granted before you file for alimony and equitable distribution your claims would be waived. You must file for alimony and equitable distribution before the divorce judgment is granted. I'm glad to hear you aren't planning to sign anything without talking to a lawyer. You should do that sooner than later as a delay in filing could impact your ability to get alimony later.
- Q. I have been married for 7 years, am I entitled to half our assets? He came into the marriage with half a mil.
- A: In NC, marital property consists of assets and debts that were acquired during the marriage. In an equitable distribution case, the court determines whether the property is marital or separate and the value of the marital property. Then the court distributes the marital property in an equitable (fair) way between the parties. Anything that was acquired prior to the date of marriage is considered the separate property of the spouse that brought it into the marriage. When an asset is separate property and it increases in value during the marriage the court must decide whether the increase in value is marital or separate property. This is usually determined based on whether the gain was passive or active. For example, if the assets have gained passively then the gain would likely be determined to be your husband's separate property. If the assets have increased in value due to active acts then the gain would likely be determined to be marital property. The short answer is you are not entitled to half of the $500K he brought into the marriage. You may be entitled to half of the increase in value. You should discuss your situation with an attorney as the particular facts of your case can change the analysis. Family law, especially equitable distribution, is a complicated area of the law.