Charlotte Family Law Attorneys and Divorce Lawyers

At Miller Cushing Holladay, our entire practice is devoted to family law and delivering quality representation to families in need. Our family law firm has seasoned divorce attorneys with over 80 years of combined service ready to support your North Carolina family law case in the areas of child custody, child support, alimony, equitable distribution, and more.

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North Carolina family law cases include issues ranging from child custody and child support to complex alimony and equitable distribution cases, amongst other domestic claims. Our family law firm has a team of family law lawyers ready to assist you, whatever your needs may be.

In North Carolina, you may have the right to file for annulment instead of seeking a divorce such that your marriage is considered to have never occurred in the first place. This can be a powerful process given that parties cannot file for a divorce for an entire year after they are separated. While grounds for annulment are often limited, our annulment lawyers can help guide you through the process and discuss your options.

A victim of domestic violence may seek an emergency protective Order followed by a longer-term restraining order. The type of Order parties are able to seek–either a Domestic Violence Protective Order or No-Contact Order–depends on the relationship between the parties in the case. Our domestic violence attorneys are ready to provide you with legal help for your domestic violence case.

North Carolina law recognizes LGTBQ parental rights when it comes to child custody disputes as well as other areas of divorce. LGBTQ child custody cases often involve complex constitutional issues depending on each family’s circumstances. You can count on our LGBTQ family lawyers to assist with your LGBTQ family law case.

Paternity testing laws often serve a critical role in child custody, child support, and other family law cases. Depending on the case, it may be that we need to initially establish paternity of a father prior to proceeding or that we actually need to disestablish paternity that was already improperly established. Our paternity lawyers are glad to assist you whether you need to establish paternity, disestablish paternity, or otherwise.

Drafting postnuptial agreements can often be an effective way to address property ownership amongst spouses while still married or in anticipation of a divorce. Whether you need help drafting or enforcing postnuptial agreements, our postnuptial agreement lawyers can assist in the process.

Drafting prenuptial agreements is an effective way to address property rights, alimony rights, and other important rights before marriage in the event parties later separate. There is no such thing as a one-size-fits-all premarital agreement, so it helps to first speak with an attorney about your specific goals before drafting. Our prenuptial agreement lawyers can assist whether you need an asset-protection prenup or otherwise.

In general, you may be entitled to a divorce in North Carolina once you have been legally separated from your spouse for one year and at least one of you resides in the State. While a divorce itself can be a rather simple process, divorce impacts many other rights such as property distribution and alimony that need to be addressed one way or another prior to your divorce being finalized. Our firm’s divorce lawyers can assist, whether you are dealing with an uncontested divorce or contested divorce.

Financial disclosure and discovery is a critical part of divorce. In the event a case is pending, your divorce attorney will likely need to issue and respond to discovery requests, such as interrogatories and requests for production of documents. Depositions in divorce can also be a valuable tool to learn large amounts of detail at once. Our divorce discovery attorneys can assist with discovery in your case, whether it’s routine or a complex tracking of hidden assets.

Family law mediation offers an opportunity to resolve your divorce or other family law issues outside of court. Typically, the process involves a neutral mediator, you, your attorney, your spouse, and your spouse’s attorney meeting in the same office, but separate rooms, to try to reach a compromise with the help of a mediator. Our firm provides divorce mediation services both through our family law lawyers, who represent clients in mediation, as well as certified family financial mediators, who serve as mediators.

Family law arbitration offers an alternative to court to resolve your divorce case without going to court. Specifically, parties utilize a private arbitrator to preside over a semi-formal, private trial in which each party presents their case and the arbitrator is tasked with making an ultimate decision. Our firm provides divorce arbitration services to assist with your binding family law arbitration, child custody arbitration, and beyond.

Child custody can be resolved by a child custody lawyer, either through reaching an agreement on child custody or having the issue determined by a Judge or arbitrator. Child custody may also generally be modified after it is initially established in the event there has been a substantial change in circumstances in your child’s life, your life, or the other parent’s life. Our firm has experienced custody attorneys who are able to guide you through the establishment of child custody, modification of child custody, and the enforcement of child custody agreements or Orders.

In some cases, parties may agree–or a Judge may order, either on their own or upon a party’s request–that a third party should be involved to help the Court determine what is in the best interests of your child. Judges have multiple options, including the appointment of a Guardian Ad Litem to investigate and convey what is in the best interest of your child, as well as the appointment of a forensic psychologist to perform an in-depth child custody evaluation for the Court. We have parenting evaluation lawyers and custody evaluation attorneys who can discuss your options with you and guide you through any of these processes, depending on the needs of your case.

Judges are often on the lookout for the signs of parental alienation in custody cases, given the negative effects of parental alienation they have seen in their cases. Of course, proving parental alienation is the first step to asking a Judge to combat parental alienation. Our parental alienation lawyers can provide legal help for your parental alienation case, whether you are trying to prove alienation by your child’s other parent or you are defending against false claims of parental alienation made against you.

Parental relocation cases are often some of the toughest cases Judges deal with when determining whether or not to allow a child to relocate. North Carolina child relocation laws include numerous important factors for the Court to consider ranging from the positive or negative impact of the move on your chil, to the ability to maintain a relationship between the child and the parent that is not moving. We have child relocation attorneys that are well-versed in assisting parents attempting to move away with a child, as well as parents’ objections to parental relocation.

Visitation in North Carolina includes many considerations ranging from whether visitation will be supervised or unsupervised, the regular visitation schedule (i.e. when parents typically see their children), and even special visitation schedules such as holiday time spent with each parent. Our child visitation attorneys can assist with both initial visitation schedules, whether by agreement or through trial, and modifying visitation Orders that are already in effect.

In North Carolina, a grandparent may have the right to seek visitation or even full custody of a grandchild depending on the case. If parents will not agree to a grandparent exercising custody, a grandparent must first overcome a child’s parent’s constitutional priority to parent their child, which generally means needing to show that a child’s parents are unfit or have acted inconsistent with their constitutional rights. Our firm has grandparent custody lawyers who have collectively handled many third-party custody cases by consent as well as through the courts.

Child support in North Carolina is often determined through the North Carolina Child Support Guidelines, which help determine child support based on factors such as parental income, childcare costs, insurance costs, and other important considerations. However, each consideration presents its own issues and sometimes cases will even call for deviating from the Child Support Guidelines. Our child support lawyers can assist you with your child support case, whether you need to establish child support, modify child support, or enforce child support that has already been agreed-upon or ordered.

The North Carolina Child Support Guidelines set forth rules for determining child support based on numerous financial considerations, including your income and certain costs for your child. It’s important to speak with a child support lawyer to seek help on how to calculate child support through the calculator provided by the State or through deviating from the Child Support Guidelines. Our child support attorneys can assist you with estimating child support to give you an idea of what you should expect to pay or receive as part of your child support case.

Child support Orders and agreements generally include provisions requiring the payment of certain expenses, such as childcare costs and uninsured medical expenses. However, in some cases, the splitting of costs expands even further to extraordinary child support expenses, which can include educational expenses, such as private school tuition, and other extraordinary costs. Our child support lawyers can help you determine what child support covers for your child.

In North Carolina, a Judge may order one spouse to pay another spouse spousal support, including temporary support known as post-separation support, and longer-term support, which is referred to as alimony. When calculating alimony, a Court will review your budget, along with your spouse’s budget, in addition to a long list of factors to determine whether to order support, how much to order, and for how long support should be paid. Our alimony attorneys can help you, whether you are seeking alimony or defending a claim for alimony.

North Carolina follows a process known as equitable distribution to divide a marital estate. There are multiple important steps in that process including identifying and valuing property, classifying property as marital property, separate property, divisible property, or mixed property, and then dividing property amongst the parties. Our firm has equitable distribution lawyers who can assist with your divorce property settlement, whether by an agreement out of court or by trial when necessary.

how our Charlotte family law attorneys can help

Family Law attorneys with over 50 years of combined experience

At Miller Cushing Holladay, we strive to deliver the highest quality representation to North Carolina families in need of legal and moral support through the family law court system. Our seasoned family law and divorce attorneys in Charlotte have successfully navigated clients through their divorce, alimony, child custody, property division, and child support matters for over 50 years collectively.

Whether your case needs to be resolved inside or outside of court, the Board Certified Family Law Specialists at Miller Cushing Holladay are equipped with the rigorous legal abilities to steer your case in the right direction.

Family Law

At Miller Cushing Holladay, we have a team of family law attorneys with over 80 years of collective experience that are ready to assist you with all of your family law needs. Whether you need help addressing issues in or out of court, our family law lawyers are able to assist you with matters ranging from child custody and child support to complex financial issues stemming from your divorce.

In addition to helping you get through a divorce, our family law firm is able to help with issues that arise after your divorce, including modifications of child custody, child support, and alimony, as well as the enforcement of Separation Agreements and Orders.

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Domestic Violence

In the event of domestic violence, victims have the ability to seek a restraining order which can restrain another party from having contact with them, forbid a party from coming near a victim’s home, and even evict a party from a shared home. Seeking a restraining order is often a fast-moving process which generally involves seeking an emergency restraining order followed by a one-year Domestic Violence Protective Order.

Our firm is able to provide legal help for your domestic violence case so that our domestic violence attorney can guide you through the difficult process, including providing aggressive representation in court.

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Our experienced team is here to guide you through your family law case. Contact us today to schedule a consultation.

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Divorce

You are generally entitled to a divorce in North Carolina so long as you have been separated from your spouse for one year and at least one of you has resided in the State for at least six months prior to filing for divorce. However, before filing, it is important that you speak with a divorce lawyer to figure out what other issues, such as equitable distribution and alimony, need to be addressed, given that failing to preserve those rights could mean losing them as part of a divorce.

Our team of divorce lawyers is able to assist you with the process by first determining what rights we need to protect and then ensuring those rights along the way to your divorce.

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Child Custody

Child custody cases in North Carolina include the consideration of important topics ranging from schedules, which determine who your child will regularly reside with, to legal custody, which establishes who has the right to make major decisions for your child. It is imperative to speak with a child custody lawyer as early in your case as possible given that there are a number of issues your attorney will want to address with you at the outset to formulate a plan that best works for you and your child.

Our team of child custody lawyers can assist you in your child custody case whether you are seeking to reach an agreement outside of court or court is necessary to protect your child.

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Committed to Serving Families Throughout North Carolina

Many legal practices say that they specialize in all areas of law. Our Charlotte attorneys have dedicated themselves to helping families, that is why we focus exclusively on North Carolina family law. When you hire one of our Board Certified Family Law Specialists, you can be confident in knowing that your case will be handled with the high-quality care an attention that it deserves.

With over 50 years of combined experience, as well as countless satisfied past clients, you can be sure that you are trusting your family law matter with the right firm.

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Call us today at (980) 321-5590 or complete the form below so that we can schedule your private consultation with one of our family law attorneys.

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Child Support

Child support in North Carolina determines how much one parent pays another for the support of a child, as well as other important financial considerations like how to split uninsured medical expenses and childcare costs, the payment of extraordinary costs, such as private school tuition, and even who gets to claim a child on their taxes.

Miller Cushing Holladay has a team of child support lawyers that can assist you with your child support needs whether your case involves the establishment of child support in or out of court, the modification of a prior child support agreement or Order, or the enforcement of child support already in effect.

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Beautiful girl with parents stands in the office.

Alimony

In the event of a financial disparity between spouses following separation, North Carolina law may provide for the payment of alimony by one spouse to another for potentially years following separation. When calculating alimony, either in or out of Court, our alimony lawyers will assist you by assessing your budget and your spouse’s budget along with a host of other factors including forms of marital misconduct such as adultery, substance abuse, reckless spending, and domestic violence.

It is important to involve a spousal support attorney from the outset to understand your rights, given that there are some key factors in the context of alimony that could heavily determine the final outcome.

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Equitable Distribution

An important part of divorce in North Carolina is the division of marital and divisible assets and debts through a process known as Equitable Distribution. The Equitable Distribution process is a three-part process that involves identifying and valuing all of your assets and debts, classifying those assets and debts as marital, divisible, separate, or mixed property, and then dividing the marital estate. While equitable distribution can be resolved without the need for court, court is always an option to protect your rights.

Our team of equitable distribution lawyers will assist you with each step of the process including identifying all marital and divisible property and providing in-depth analysis to ensure the best possible distribution of property to you to help secure your financial future following divorce.

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Testimonials

We think the best way to get to know us is to hear what our clients have to say about their experiences.

MBC is an amazing family law practice. I had a very litigious divorce and the entire team worked so hard for my case. They returned calls and e-mails quickly, always answered every question I had. I cannot say enough good things about the practice, especially about Kate, Chris and Brett. If you need a family law attorney, then call Miller Bowles Cushing right away.

Caren H.

Thanks for all of your help and support! Highly recommend Bethany!

Michelle H.

I highly recommend Brett!

Julia G.

Chris Miller was an absolute lifesaver during one of the most challenging times in my life. Navigating a divorce with three young children under the age of 4 felt overwhelming, and I had no idea what to expect or how to handle everything coming my way. From the very beginning, Chris walked me through every step of the process with patience, understanding, and unmatched expertise. He was not only incredibly educated and talented in his field, but he also had a deep understanding of what was likely to come, ensuring I was always prepared. He fought tirelessly for me and my children, prioritizing what was best for our future. Looking back now, I realize just how much I needed someone with Chris’s foresight and dedication, especially as unexpected issues have arisen over time. I truly cannot recommend him enough to anyone facing a similar situation. His guidance and advocacy made all the difference for me and my family. Thank you, Chris, for everything!

Meredith M.

Everyone I encountered was compassionate, professional, and easy to work with. I really appreciated the time Brett Holladay took to explain things and answer all my questions. No one wants to need legal advice, but if you do – I highly recommend this firm.

Sarah V.

Bethany was encouraging of questions and seems very knowledgeable of strategy and law.

Jeremy Q.

Chris represented me against a prestigious Charlotte firm, whom often intimidates other attorneys, as they stand firmly behind their three letter initials (J*D). He immediately found errors in the Opposing Counsel’s Motion for Contempt and Chris did not waste my time, preparing for the Contempt Motion (as he knew we had grounds for a dismissal, and we were granted such). He and his team are always professional and conscious of my expenditures, while keeping my goals at the forefront of my representation. He also represented me against the same J*D firm last year in another hearing and he was able to get a positive result, by negotiating with opposing Counsel by focusing on my ultimate wants. I highly recommend Chris Miller and commend him for his professionalism, focus, knowledge and execution (and I say this firmly after going through three other local family law firms over the past five years).

Blair A.

Extremely professional, proficient, caring, and friendly. I would highly recommend and suggest using this firm. Although divorce/family law is painful, Miller, Bowles, and Cushing are wonderful attorneys that I will always consider friends!

J B.

Brett is by far a saving grace. Very personable, incredibly knowledgeable, and definitely had my and my child’s best interest. He made my custody process easy and understandable.

Gabrielle F.

Knowledgeable, kind, and incredibly supportive! Bethany Mulhern and all of the staff made navigating a difficult, and sometimes dangerous situation possible. I can't recommend them more highly.

Alina K.

Bethany and Nick were both fantastic to work with. They were responsive to all of our concerns and really seemed to care about getting us the outcome that we wanted. Highly recommend!

Miranda M.

Made me feel heard and safe as I moved through my divorce

Brent S.

Nick is the most professional and personally attentive family lawyer I’ve worked with. I highly recommend the team at Miller and Cushing Holladay for anyone seeking exceptional legal support.

Rock P.

Miller Cushing Holladay PLLC truly stands out for its remarkable service and unwavering dedication to their clients. Throughout my case, I felt supported and informed at every step. Their communication was prompt and transparent, and as importantly, their personalized approach made me feel like a valued client rather than just a case number.

Dallas P.

Bethany Mulhurn was wonderful to work with from beginning to end. She was so professional and easy to work with. Her communication was spot on and would recommend anyone needing a family law attorney. Thank you Bethany!

Trevor Y.

I used Brett in a custody case and he went above and beyond. He is very intelligent and knows the laws practically verbatim. I’m forever thankful for him because he helped me win my custody case and it meant the world to me. I highly recommend him!!

Bryan D.

I worked through a divorce with Nick Cushing as my attorney. He was professional and has a top notch paralegal. They both gave me the information and guidance I needed to feel great about the decisions I made. I would recommend the firm and specifically Nick to someone in any family law situation that they needed the best. Thank you Nick and Scarlett

Shawn B.

I just wanted to give a Huge shoutout to Katie Miller for helping me through all my legal needs. This firm is one if not the best in Charlotte. I definitely would recommend them for any law needs.

Kaycee S.

Stephanie and Eskarleth are amazing!

George W.

Kate Miller handled my separation agreement. It was done quickly and easily at a very reasonable cost. I would recommend anyone who needs a family law attorney work with Kate!

Matthew R.

Brett Holladay is the best divorce attorney in Charlotte, and I can't thank him enough for his exceptional work. From the start, he made me feel so comfortable during one of the worst times of my life. He prepared me for everything, making sure I understood every step of the process and always keeping my best interests at heart. Brett's dedication and expertise ensured that I received all I deserved. I'm incredibly grateful for the way he handled my case, and I will continue to use him if any additional amendments are needed. I highly recommend Brett to anyone in need of a compassionate and skilled attorney.

Courtney K.

I can't emphasize enough how great this firm was and easy to work with. I travel a lot for work and they were able to make this a very smooth process despite my schedule. I don't plan to use them again for a divorce as there shouldn't be a next time haha but I recommend that you do! You won't be disappointed.

Stephen D.

Chris has been a very fair, knowledgeable, and purposeful asset to helping me through these tricky situations.

Kayla W.

Been working with Brett and his team for a few months now. As much as I hate the divorce process itself, Brett has made it very easy for me. He's been instrumental in helping me navigate the whole divorce process and the communication has been pretty good. A few times when he was in court, his paralegal or someone was there to answer my questions. I hope that you will never need their services but if you do, I highly recommend this law firm.

James L.

Brett and his team were amazing as my legal representation. In a difficult situation and negotiations, Brett was able to guide me in a caring, thoughtful and cost effective way. I appreciate all he did to help assist me move successfully into a new chapter of my life.

Elka J.

Very professional, Bethany is experienced and was a delight to work with. She made my process smooth and seamless by taking the time to answer any questions that I had.

Carshell S.

Bret Holladay is an super-smart, highly professional family lawyer, and a genuine pleasure to collaborate with in resolving domestic disputes. And Katie Miller is the consummate professional: not only does she "know her stuff," she brings a level of kindness, compassion, and genuine relatability that is sometimes all too rare in our profession. She also applies her exceptional blend of creativity and empathy to bear on any case she mediates or collaborates on, and your case will be in excellent hands with her in either role.

Chris O.

If you need to untie the knot, get Miller Bowles Cushing in your corner ASAP.

Laura D.

Brett Holladay is such a phenomenal attorney! He listened to my story and gave me all the time I needed when we first met. He is extremely knowledgable in the area of child custody. He even went out of his way to drive out to be there with me when I was asked to do a deposition. He is extremely patient, kind, and is willing to work with you. He is one of the most affordable too! Because of him I've retained legal custody of my child which is all I really cared about most. And share her 50/50 with her other parent. I will come back for any of my future concerns. Joanne is also amazing working at the front desk.

Kanisha D.

Chris Miller has been an incredibly supportive, informative, and detail-oriented lawyer throughout my separation and divorce process. He gave thoughtful attention not only to my case but also to the well-being of my children. Chris was always available to talk or email, making sure I fully understood every step of the process. He answered all of my questions with clarity, patience, and efficiency. His approach combined care and expertise—a balance that made a difficult time much more manageable. I’m truly grateful for his guidance and professionalism

Lauren H.

Bethany was so kind and helpful during my short time working with her. Would highly recommend working with her!

Kaitlyn Y.

Bethany has been fantastic handling my very sensitive case. Follow up is fantastic, welcoming atmosphere, and always available to answer questions and more!

Cory B.

Note: Accidently posted this from my work account. My highest praise to Nick Cushing. I had 2 prior lawyers who only cared about billable hours costing me over $20,000 for a divorce with no children, only 1 asset (primary home),and my exhusband had a DUI, hit & run, and history of alcoholism. My previous lawyers gave Nick garbage to work with and he got me an end quickly and I actually got to keep some assets . The agreements and settlements written by my previous lawyer were so poorly written they contradicted themselves and were extremely vague. My case should have been a slam dunk, but it took over 2 years to end. After my first 1 hour consultation, Nick had everything he needed to draft my contempt of court hearing. All documents were clearly defined to the level that was beyond a shadow of a doubt. He gave me peace of mind again. This is the level of professionalism Nick brings to the table. Nick Cushing is worth every penny and was more expensive per hour than my other lawyers and charged me less overall. It took my other lawyers hours to write something, but it only took Nick one time hear my concern and implement it immediately. My friend, who was impressed with Nick's results, switched to Miller Bowles Cushing. 10 stars out of 5.

May K.

Worked with Nick Cushing on my divorce in 2020 and he was fantastic throughout the process and beyond. Always able to answer whatever questions came up and provide the best advice on how to proceed. Always easy to talk to and has quick response times.

Joshua R.

I worked with Brett through my separation and divorce. He was very knowledgeable yet friendly through a difficult time. I would recommend him to others. He was responsive via email and phone calls as well as in office visits.

Miranda O.

The law firm that fully understands it’s not always the service you want to need, but is right there when you do need them. Brett Holladay gave the exact level of support and communication needed for my situation. I am grateful!

Shana H.

Brett came highly recommended to me when I inquired about an attorney from a local moms page. Several divorced moms mentioned working with him and their positive experience. He was so kind, understanding as well as insightful. He represented me for a little over a year. I HIGHLY recommend him if you need a divorce atty. You will feel less stressed. more in control and he will be sure to negotiate in your favor.

Debbie L.

My opinion of Miller-Bowles Law Firm based on my personal experiences with them is they are an exceptional all around law firm! All my calls to the firm were answered by an individual, usually Jo Ann at the front desk. She was always helpful, kind and made certain my messages were delivered in a timely manner. Alex, my paralegal was very knowledgeable and reliable. She provided great customer service and was very kind. Bethany, my attorney was very confident, intelligent and an excellent communicator. Her negotiating skills were extraordinary, settling my case within four months. Her creative skills during negotiations were impressive to watch. Bethany was compassionate during our interactions assuring that I understood the processes involved with my case. I spent nearly forty years in law enforcement and had dealings with many attorneys in that tenure. I have to say that Bethany is one of the most accomplished attorneys I’ve met in all those years. Her total skill set is impressive and she is very capable of handling any situation in or out of a court setting. Thank you Bethany and all the Miller-Bowles staff who carried me through a most difficult life event.

Glenn L.

I can't emphasize enough how great Kate was to work with. She somehow made this uncomfortable time in my life seem painless. I was traveling a lot for work at the time and Kate was able to make this process go smoothly despite my crazy schedule. I won’t say I recommend getting a divorce, but I recommend using Kate if you do. You won't be disappointed in her knowledge, effort and compassion.

DARCIE H.

Very impressed with Chris Miller and his paralegal, Alex. Highly recommend!

Melissa M.