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McKinley Irvin Blog

A little knowledge can go a long way to protect your assets and family relationships. Planning can save headaches and money, and can provide peace of mind. The articles and tips in this section of the McKinley Irvin website are intended to help you understand and prepare for some of the more common issues you’ll encounter in a divorce, child custody, or other family law matter.

Please be advised that family cases can be very complex. The information provided here should not be construed as legal advice in your case.

  • Property Division in Oregon

    Property Division in Oregon People in Oregon contemplating divorce need to become familiar with the state’s process for dividing assets and property among spouses. In this blog, we explain what property divorced couples are entitled to keep and what they have to divide. Is Oregon a Community Property or Equitable Distribution State? Oregon is an equitable distribution state, which means all of the assets accumulated during your marriage are considered marital property, with the exception of property you inherited or were gifted. It is important to note ...
  • 19 McKinley Irvin Attorneys Named to 2021 Super Lawyers and Rising Stars

    19 McKinley Irvin Attorneys Named to 2021 Super Lawyers and Rising Stars We are proud to congratulate McKinley Irvin’s family law attorneys who have been included in the 2021 Washington Super Lawyers and Rising Stars lists. Attorneys who earn the designation of Super Lawyer or Rising Star are nominated by their peers for outstanding professional achievement and selected through a formal review process. Super Lawyers represent the top 5 percent of all attorneys in each state and Rising Stars represent the top 2.5 percent of attorneys who are under 40 or have been in practice for less than 10 ...
  • Grandparents’ Rights in Oregon

    Grandparents’ Rights in Oregon For some children, their grandparents play a much larger role in their lives than their biological parents. If the children’s parents refuse to allow the grandparents adequate time to visit and spend time with them, it can cause serious strain on this important and unique familial relationship. Although grandparents aren’t entitled to the same privileges as parents when it comes to matters like visitation and custody of their grandchildren, they can petition the court for visitation rights. They can attempt to prove they ...
  • Military Divorce Laws in Oregon

    Military Divorce Laws in Oregon Military service members and their spouses can file for a divorce in the state where the nonmilitary spouse resides, the state where the service member is currently stationed, or the state where the service member claims legal residency. Although military divorces follow many of the same procedures as civilian divorces, there are some notable differences in the state of Oregon. Active duty military members are protected under the law from being held in "default" because they fail to respond to a divorce action. These laws ...
  • FAQ: Spousal Support In Oregon

    FAQ: Spousal Support In Oregon Spousal support is a court-ordered provision of financial support that one spouse is awarded if the court determines they are incapable of maintaining the standard of living established during the marriage on their own. There are a number of factors pertaining to the marital and economic lives of both parties that impact how much spousal support is awarded. In Oregon, there are three types of spousal support: Transitional Support: This form of support is supposed to help the receiving party obtain the education or training ...
  • FAQ: Getting Divorced in Oregon

    FAQ: Getting Divorced in Oregon Our compassionate and experienced divorce lawyers at McKinley Irvin are committed to delivering top-notch representation to clients filing for divorce. We understand that divorcing your spouse is a difficult decision that will substantially impact your family and your future, which is why we provide answers to some of the frequent questions we are asked by clients who are considering filing for divorce . Question #1: Is there a difference between divorce and legal separation? A: When spouses legally separate, they are still ...
  • Relocation & Child Custody Orders in Oregon

    Relocation & Child Custody Orders in Oregon If the custodial parent in the state of Oregon wants to move out of state, then they will need to file for modifications to any court-ordered custody agreements , as well as demonstrate that relocating will benefit the children and not just the parent. Convincing a judge that moving out of Oregon would be more beneficial than remaining in the state can be a challenge, especially if the co-parent disputes the move. Do Courts Frown on Out of State Relocation? In general, moving within a certain distance from the other parent’s ...
  • Immigration, Marriage, and Divorce: When Your Spouse is From Another Country

    Immigration, Marriage, and Divorce: When Your Spouse is From Another Country When one hits a point in their marriage that they are considering a divorce, they need to think about the practical ways in which their life will change. Usually, this includes discussions about retirement, financial repercussions, changes in medical coverage, and, if either spouse is from another country, changing immigration status. A divorce between a U.S. citizen and an immigrant can be substantially more complex than a divorce between two people born in the US, which is why it’s usually necessary for couples to dive ...
  • Can Adultery Impact a Divorce Case in Oregon?

    Can Adultery Impact a Divorce Case in Oregon? Although adultery can impact the outcome of a divorce in some states, the state of Oregon is a no-fault divorce state, which means there are no grounds for divorce and no specific criteria must be met to prove that either spouse was responsible for the failure of the marriage. As such, adultery shouldn’t impact whether the court grants a divorce. Can Adultery Impact a Child Custody Case? While adultery won’t impact the divorce filing, it can factor into other areas of the divorce process. In order for adultery to have a ...
  • How to Collect Child Support or Spousal Support in Oregon

    How to Collect Child Support or Spousal Support in Oregon In Oregon, child support is generally awarded to the parent who has the child the majority of the time to assist with housing, food, and other expenses. Spousal support, also called “alimony,” is a court-ordered payment that one spouse must make to another after a divorce . If one has an order for spousal or child support and their ex fails to meet their payment obligations, then there are several legal actions one can use to enforce their rights and collect support. Withhold Wages Payments for past-due child support can be ...
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