FAMILY LAW BLOG
Representing Men in Divorce
Representing men in divorce is tough work. There are still stereotypes about men in divorce. In any divorce case, traditionally the sympathies are with the woman and often men and fathers do not receive a fair/ level playing field. Such ‘anti-men’ thinking in courts...
5 Tax Implications and Divorce
It's that time of year again. The holidays are gone. The tree is down. W-2's will be in the mail and on their way before you know it. Each year tax season brings with it new law, new questions, and new decisions. Adding a divorce or separation in the mix makes things...
Can I Change My Child’s School?
Changing your child's school requires you to have legal custody or the authority to do so from the court order or agreement. There are two types of custody that are often used interchangeably but mean very different things. Legal Custody: Legal custody is the type of...
NC Collaborative Divorce
A Collaborative Divorce Proceeding is an alternative to a judicial disposition of a case. It may be used to settle every aspect of a divorce when the parties involved submit a written agreement except for the actual divorce of absolute divorce. Collaborative Divorce...
DSS, Custody & Your Children
How does the process start for DSS to take custody of your child? Pursuant to NC G.S. 7B-301, any adult that suspects a child is being abused or neglected must report the suspected abuse or neglect to the local department of social services, which is called DSS. The...
Equitable Distribution
NC Equitable Distribution is the process that is used in NC to determine who gets which assets following a divorce. NC Equitable Distribution determinations can be made by mutual agreement of the parties, via arbitration or a Collaborative Law Procedure, or by a court...
North Carolina Family Law Arbitration
The North Carolina Family Law Arbitration Act provides the ability to use arbitration instead of court hearings to resolve disputes relating to alimony, child custody, and child support. Aristotle is reputed to have said: "Equity is justice in that it goes beyond the...
IVF – Conception After Death
Twenty-five year ago we would not have been discussing IVF conception after death. It was safe to assume that a child born more than ten months after your death was not your child. In estate planning laws, a child born after the parents' death is referred to as an...
Personal Reproductive Responsibility
Science, the Law, and Personal Reproductive Responsibility. Science marches forward. Laws are always reactive. New technologies are embraced by the people. Disagreements arise over unforeseen circumstances. When the people cannot agree on a solution, they end up in...
Family Lawyers in Raleigh
As a Family Lawyer in Raleigh, I am often asked to describe what our Firm is like. When I describe the McIlveen Family Law Firm to prospective clients I always revert to my love of baseball, and I use a sports analogy to describe the firm. Why Choose a Family Lawyer...