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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.

  • 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 ...
  • Divorcing While Pregnant

    Divorcing While Pregnant If you are pregnant and seeking a divorce, make sure you know how your current state could affect your legal proceedings. An unexpected pregnancy can become quite complicated when the expecting couple is interested in dissolving their marriage, which is why it’s important to act quickly to seek legal advice and discover your options. Although speaking to an attorney is undoubtedly the best option, we’ve also provided a brief explanation to help shed light on your situation. How Does Oregon Law View Pregnancy During Divorce? ...
  • Does Oregon Have a Higher Divorce Rate Than Other States?

    Does Oregon Have a Higher Divorce Rate Than Other States? While the U.S. Census Bureau is mostly known for collecting data to determine the population every 10 years, the Bureau also gathers information regarding divorce rates in the United States. According to the U.S. Census Bureau’s American Community Survey that was released in 2013, 10.5% of adults in the country have divorced a spouse at some time in their life. But in Oregon, the divorce rate among adults was 12.5 %. According to DatingNews.com , two coastal towns in Oregon made the list of 20 “micropolitan statistical ...
  • What Is a Nesting Co-Parenting Agreement?

    What Is a Nesting Co-Parenting Agreement? The divorce process can be extremely stressful, especially on younger children. In an effort to make divorced life easier on the children, many parents have adopted a “bird-nesting,” or “nesting” parenting method, which essentially keeps the children under one roof, while the parents rotate in and out. In other words, each parent takes turns living with their children while the other parent lives elsewhere. There are several potential advantages to this new agreement, but there are also a few drawbacks. To find out if this ...
  • What to Do After a Divorce is Finalized

    What to Do After a Divorce is Finalized During your divorce, you likely faced financial ups and downs, economic adjustments, and significant personal changes. Now that you have officially ended your marriage, it’s time to think about the road ahead. In order to move forward from your divorce quickly and smoothly, there are things to do to secure your future when the settlement is complete. In order to ensure you’re moving in the right direction after your divorce, make sure you complete these key tasks: Divide all assets and debts outlined in your settlement ...
  • Common Concerns When Filing for Divorce in Oregon

    Common Concerns When Filing for Divorce in Oregon Deciding to follow through with divorce can be stressful, which is why it is important to become familiar with what to expect throughout the legal process. Here are three important legal matters that parents and spouses need to be aware of if they plan to file for divorce in Oregon. Obtaining a Restraining Order If you want to get divorced because your spouse physically abuses you or threatened to abuse you, then you can petition for a restraining order under the Oregon Family Abuse Prevention Act. As part of the terms of ...
  • Addressing Kids’ Complaints About the Visitation Schedule

    Addressing Kids’ Complaints About the Visitation Schedule Children don’t always cope well with split parenting time. Dealing with your children’s complaints can be frustrating and overwhelming, especially if you aren’t sure how to respond. Whether you believe your ex has too much time or too little, if the court has ordered the visitation schedule, you must abide by it. However, there are several things you can do to make things easier for both you and your kids when it comes to visitation issues. 1. Put Yourself in Their Shoes Before resorting to discipline or rescheduling visits ...
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