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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 Law may...

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DSS, Custody & Your Children

How does the process start for DSS to take custody of your child?  Reporting 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...

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Equitable Distribution

North Carolina determines who gets which assets following a divorce using a process called Equitable Distribution. The Equitable Distribution determination can be made by mutual agreement of the parties, via arbitration or a Collaborative Law Procedure, or by a court...

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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...

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IVF – Conception After Death

Not long ago, 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 "After Born Child." Recently, a child was born twenty-four years after...

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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...

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Family Lawyers in Raleigh

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. The McIlveen Family Law Firm has a “deep bench.” This means we have a large and talented team. The Raleigh...

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Trump’s Tax Plan Alimony

What does Trump's new tax plan mean for alimony? Alimony awards in North Carolina are highly subjective and unpredictable. Unlike child support, there is no calculator where you can plug in your financial and personal information and determine whether alimony should...

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Embryo Custody Battles

Embryo Custody Battles: Who Has an Interest? Before 1978, when the first "test tube" baby was born, no one worried about custody battles over embryos. Embryos were in the mother's womb so they were obviously in the mother's custody until they were born. Assisted...

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Moving Kids Out of State Divorce

The desire to move your child out of North Carolina to a state where you have friends and family during a divorce is understandable. Divorce can often make you feel isolated, and it is important to have support during this challenging time. However, before you move...

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