
Charlotte Family Law Attorneys and Divorce Lawyers
Miller Cushing Holladay is entirely devoted to the practice of family law and delivering quality representation to families in need. Our Charlotte family law firm has seasoned divorce lawyers that are ready to support your family law case in the areas of child custody, child support, equitable distribution, alimony, and other areas of family law.
Our Services
Charlotte family law cases include issues ranging from child custody and child support to complex property distribution and spousal support cases, amongst other family law claims. Our law firm has a team of Charlotte family law lawyers ready to assist you whatever your needs may be.
In North Carolina, you may have the right to file for annulment rather than waiting a year after separation to file for a divorce. Our firm offers legal annulment services in Charlotte and surrounding areas to help you determine if and how you are able to file for annulment.
Victims of domestic violence may seek an emergency protective Order and then a long-term restraining order in order to protect themselves. The type of Order parties may seek depends on the relationship between the parties in the case. Our domestic violence attorneys in Charlotte can provide you with legal help, including determining whether a Domestic Violence Protective Order or No-Contact Order is appropriate in your case.
North Carolina law recognizes LGTBQ parental rights in child custody disputes as well as other areas of family law. LGBTQ child custody cases can sometimes involve complex constitutional issues depending on your family’s specific situation. At Miller Cushing Holladay, we have a team of Charlotte LGBTQ family lawyers that can address the particular issues in your case.
Child support, child custody, and other family law cases often involve paternity testing to determine the paternity of a child. Whereas some cases require the establishment of paternity at the outset prior to proceeding further, there are other times where paternity may need to be disestablished. Our Charlotte paternity lawyers can assist you with paternity testing laws whatever the situation may be.
Utilizing postnuptial agreements is often a smart way to address property ownership between spouses while still married. Our office has Charlotte postnuptial attorneys that can assist in your case, whether you need help drafting or enforcing postnuptial agreements in North Carolina.
Prenuptial agreements can provide an effective way to handle alimony, property, and other important rights prior to marriage in the unfortunate event you later separate from your spouse. Given that there is not a universal premarital agreement that works for every situation, we recommend that you first speak with one of our prenuptial agreement attorneys in Charlotte to assist with drafting and negotiating a prenup that best meets your particular needs.
A party is generally able to file for divorce in North Carolina so long as they, or the other party, has been a resident of the State for at least six months and the parties have remained separated for one year prior to filing. Even though a divorce itself is often simple, divorce impacts many other family law rights such as equitable distribution and alimony, that need to be addressed prior to your divorce being finalized. Miller Cushing Holladay’s Charlotte divorce attorneys are glad to help you with your contested divorce or uncontested divorce.
Discovery is an important part of divorce. If you have a case pending, your divorce lawyer will likely need to issue discovery requests, including requests for production of documents and interrogatories. Depositions are also often an important part of the discovery process. Our team of Charlotte divorce discovery lawyers can help guide you through discovery including finding hidden assets, if necessary.
Family law mediation in North Carolina offers the chance to resolve your family case without the need for court. Mediation generally involves you, your attorney, your spouse, your spouse’s attorney, and a neutral mediator meeting all at once, but in separate rooms, to attempt to reach a compromise. Our firm provides family law mediation services in Charlotte and the surrounding areas through a team of certified family financial mediators, who serve as mediators, as well as our family law attorneys that represent their own clients at mediation.
Divorce arbitration in North Carolina offers an alternative method to resolve your divorce case without going to court. Parties use a private arbitrator to preside over a private trial, where each party has an opportunity to argue their case followed by the arbitrator making a final decision. If you have a family law arbitration case in Charlotte or a surrounding areas, we have a group of seasoned family law attorneys that are ready to assist you.
North Carolina child custody cases can be resolved either by agreement of the parties or attending a trial or arbitration where a Judge or arbitrator makes a final determination. Child custody Orders can also be modified if there has been a substantial change in circumstances since the Order was first entered. Miller Cushing Holladay has experienced Charlotte child custody lawyers who can assist in your child custody case, whether you need help establishing custody, modifying custody, or even enforcing an Order that is already in place.
Your child custody case may require the involvement of a third party to help the Court determine what is in the best interests of your child. Your options include the appointment of a Guardian Ad Litem to investigate and the appointment of a forensic psychologist to perform a psychological evaluation, parental fitness evaluation, or even a child custody evaluation. We have Charlotte parenting evaluation lawyers who can help determine the needs in your case and assist you as the process unfolds
A common issue in North Carolina child custody cases is the determination of parental alienation. Demonstrating the occurrence of parental alienation is the first step in asking a Judge to combat it. Our Charlotte parental alienation attorneys can help in your case, whether you are trying to establish alienation, or you need help defending against false claims of parental alienation.
Parental relocation cases involve situations in which a Judge must decide whether or not to permit a child to relocate with a parent. Child relocation laws in North Carolina require Judges to consider numerous factors such as the ability to maintain a relationship between the child and the parent that is not moving, to the impact of the move on your child. Our firm has seasoned child relocation lawyers in Charlotte that are experienced in assisting parents objecting to relocation as well as parents seeking to relocate with their child.
When determining visitation in North Carolina, there are many issues to address such as regular visitation schedules (i.e. when parents see their children on a regular basis), special visitation schedules such as holiday time spent with each parent, and even whether visitation will be supervised or unsupervised. Miller Cushing Holladay’s Charlotte visitation lawyers are here to help with establishing visitation and also modifying current visitation schedules.
North Carolina grandparents have rights to request visitation and even full custody of a grandchild. In the event that a grandchild’s parents will not agree to a grandparent visitation, a grandparent must override the child’s parent’s constitutional preferences, which generally involves providing that a child’s parents have acted inconsistent with their constitutional rights or are otherwise unfit. We have a team of Charlotte grandparent custody attorneys who have collectively helped numerous grandparents seek and obtain custody of their grandchildren.
North Carolina child support cases are generally determined in accordance with the North Carolina Child Support Guidelines, which establish child support based on multiple factors, such as income, insurance costs, childcare costs, and other considerations. While the Child Support Guidelines typically control, some cases require a deviation from the Guidelines. At Miller Cushing Holladay, we have Charlotte child support attorneys ready to help you with your child support case, including establishing child support, modifying child support, and enforcing already-existing child support.
According to the North Carolina Child Support Guidelines, child support is generally determined through the consideration of various financial factors including your income, certain costs for your child, and other important factors. Speaking with an attorney will help you determine how to calculate child support using the child support calculator provided by the State, or by deviating from the North Carolina Child Support Guidelines. Our firm has experienced Charlotte child support lawyers that will assist you with determining child support in your case.
In North Carolina, child support often includes terms requiring the payment of expenses, such as uninsured medical expenses and work-related childcare costs. Depending on the case, other extraordinary costs, like private school tuition, may also be split between the parties. Miller Cushing Holladay’s Charlotte child support attorneys can help you determine what costs child support should address for your child.
In North Carolina, a party may be required to pay temporary spousal support, known as post-separation support, as well as alimony, which is longer in duration. Determining alimony involves reviewing your budget, along with your spouse’s budget, and numerous factors to ascertain whether alimony is owed, how much alimony is owed, and for how long alimony should be paid. We have a team of Charlotte alimony lawyers who can assist in our case whether you are seeking alimony or defending a claim for alimony.
As part of divorce in North Carolina, parties go through a process referred to as equitable distribution to divide their marital property. The North Carolina equitable distribution process involves several important steps including identifying and valuing property, classifying property as marital, separate, divisible, or mixed property, and then distributing property between the parties. Miller Cushing Holladay has a team of equitable distribution attorneys in Charlotte who can help with the division of property in your divorce.
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 Charlotte family law lawyers with more than 80 years of combined experience who can assist with all of your family law needs in Charlotte and the surrounding areas. Our Charlotte family law office is ready to help with matters ranging from child custody and child support to alimony, equitable distribution, and other family law issues.
While we can guide you through a divorce, our Charlotte family law attorneys can also assist with issues that may occur later, such as the enforcement of Separation Agreements and Orders, as well as modifying child custody and child support.
Learn more about Family LawDomestic Violence
Victims of domestic violence in North Carolina have the right to seek a restraining order to protect themselves from further acts of domestic violence and contact with their abuser. Restraining orders can help not just restrain unwanted contact, but can even go so far as to require the eviction of a party from a shared home.
At Miller Cushing Holladay, we have a team of experienced Charlotte domestic violence attorneys that are ready to assist you with seeking an emergency restraining order as well as Domestic Violence Protective Order or No-Contact Order through aggressive representation in court.
Learn more about Domestic Violence servicesLet us Help
Our team of Charlotte divorce attorneys is ready to help you with your family law matter. Contact us today to schedule your private consultation.
Divorce
In North Carolina, you are generally entitled to a divorce so long as at least you or your spouse has resided in the State for at least six months prior to filing for divorce and you have been separated from your spouse for one year. While an uncontested divorce can be a simple process, it is important that you consult with a divorce attorney prior to finalizing your divorce, given that your rights to equitable distribution and alimony must have been addressed prior to divorce in certain ways or else you could forever lose those rights as part of a divorce.
At Miller Cushing Holladay, our Charlotte divorce attorneys will assist you with the process by initially assessing what rights we need to preserve, pursuing those rights as part of the divorce process.
Learn more about divorce servicesChild Custody
North Carolina child custody cases involve important topics including schedules, which determine who your child will regularly reside with, legal custody, which establishes who has the right to make major decisions for your child, and more. The earlier you speak with a child custody lawyer in your case, the better so that your attorney can determine a plan that best works for you and your child.
We have a team of seasoned Charlotte child custody attorneys that will help you with your child custody case from start to finish, whether you need help negotiating an agreement outside of court or defending your child’s interests in court.
Learn more about child custody servicesCommitted 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.
Contact Us
Call us today at (980) 321-5590 or complete the form below so that we can schedule your private consultation with one of our Charlotte family law lawyers.
Child Support
In North Carolina, child support establishes not only the amount of support one parent pays another, but also determines other important considerations such as how to split work-related childcare costs and uninsured medical expenses, who gets to claim a child on their taxes, and sometimes even the payment of extraordinary costs like private school tuition.
Our firm has Charlotte child support attorneys who can assist you with your child support case, including assisting with the establishment of child support, the modification of child support, and the enforcement of child support.
Learn more about child support servicesAlimony
According to North Carolina law, one spouse may seek alimony from another spouse in the event of a financial disparity between spouses following separation. As part of establishing alimony or defending a claim for alimony, our team of Charlotte alimony lawyers will assist in your case by analyzing your budget and your spouse’s budget in addition to addressing important alimony factors including marital misconduct such as adultery, alcohol abuse, drug abuse, reckless spending, and domestic violence.
We will work with you from the outset to determine what factors will be key in maximizing, limiting, or outright ensuring no alimony is paid depending on your specific needs.
Learn more about alimony servicesEquitable Distribution
As part of divorcing in North Carolina, your marital assets and debts will be divided amongst you and your spouse in a process known as Equitable Distribution. Equitable Distribution is a three-stage process which begins with identifying and valuing your assets and debts, classifying those assets and debts as marital, divisible, separate, or mixed property, and then finally distributing the property between spouses.
At Miller Cushing Holladay, we have experienced Charlotte equitable distribution attorneys who will assist you with the division of property, whether you need help reaching an agreement out of court or need help defending your interest. As part of that process, we will uncover all assets and debts as well as provide you a detailed analysis with options to protect your financial future.
Learn more about equitable distribution servicesAwards
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