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. 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.
- Q. I think my ex is going to file for temporary custody of our child if she does and gets it will I get papers notifying me
- A: Yes, you will receive a copy of the paperwork. If this is a new custody case, then she will file a complaint for custody which may include a motion for temporary custody. The complaint will either be served by the sheriff or by certified mail. You can call the sheriff's department and ask if they are trying to serve you. Also, be sure you pick up any mail from the post office. You will have to sign the green card if they serve you by mail. If the complaint for custody has already been filed and served on you, then all other motions will be mailed to you by regular mail. If you are concerned she may try to play a game and not follow the rules, it would be wise to check the courthouse to see if anything has been filed. You can also provide your address the court so that any court notices will be sent to the correct address.
- Q. I am going thru custody/ visitation I have no lawyer and have no idea how to file a request for civil action hearing
- A: In a child custody case, the plaintiff would file a complaint which would be served on the defendant. The defendant would file an answer to the complaint which would be mailed to the plaintiff. Depending on where you live, the next step could be to file a motion for temporary custody and schedule a temporary custody hearing. The motion and the notice would be served on the other party by mail. In some counties, you need to attend court-ordered child custody mediation before filing for temporary custody. You may also need to do some discovery to gather evidence for your hearing. The temporary custody order would remain in place until you resolve the case by agreement in mediation or you have a child custody trial and the court enters a permanent custody order. You can find the local rules for the county you are in by visiting the court's website. https://www.nccourts.gov/ When you represent yourself you are treated the same as an attorney. You will need to understand the rules of civil procedure and evidence. You can find some information on Legal Aid's website. You can also visit the court's website for family law https://www.nccourts.gov/help-topics/family-and-children to get more information.
- Q. If there is no legal order for custody or visitation, can I move with my child to another county within the state?
- A: Yes, you can move to another county in North Carolina. However, your child's other parent may file a custody lawsuit against you. There are many more facts that I would need in order to give you legal advice on whether you should move or not. Please talk to an attorney before you move.