McKinley Irvin Blogs from 2014

  • Oregon is an "Equitable Distribution" State: What Does that Mean?

    Unless a fair and reasonable division of property can be agreed upon, Oregon law states that a couple must divide their property under the principle of equitable distribution in a divorce. Equitable distribution means that the court will divide their property in a way that it deems fair, which may not be an equal division. How Equitable Distribution Affects Your Divorce The first step in any property division is deciding what property belongs to the marriage, known as marital property, and what property separately belongs to ...
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  • Dividing Retirement Funds in Divorce

    One of the most significant parts of the divorce proceeding is going through the process to divide property and assets. Under Oregon's laws of equitable distribution, each spouse in the marriage receives the amount the court deems fair based on factors such as the amount of property to be divided, the length of the marriage and individual contributions. Retirement assets and pension plans held by the divorcing spouses may also be included in the property division process. How does equitable distribution affect retirement ...
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  • Am I Entitled to Spousal Support / Alimony?

    Am I Entitled to Spousal Support / Alimony? The state of Oregon has specific laws regarding spousal support, also known as alimony. This type of support can be awarded during the divorce process and in some cases, after. The court will order one spouse to pay money, or support, to the other for a certain period of time. Usually, it is ordered in monthly installments, while some cases are resolved in a one-time lump sum. What will the court look at to determine support? Only certain divorces will include spousal support. One of the main reasons a spouse may be awarded ...
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  • 5 Unexpected Divorce Laws in Oregon

    You may think you know the basics of divorce and family law, but most states are known to have a few obscure laws that individuals will try to use in various cases. While the laws do not affect most cases, there are a few that you should be aware of to avoid confusion or complication in your own divorce. Here are the top five divorce-related laws in Oregon that you may not have expected: You may be ordered to carry life insurance with your ex-spouse as a beneficiary, even after a divorce. This coincides with spousal support ...
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  • The 5 Greatest Lawyers in Film

    The 5 Greatest Lawyers in Film There are countless movies and legal dramas out there, and many people have their favorites. Based on popular consensus, here are the five greatest lawyers in film. 1. Atticus Finch To Kill a Mockingbird is an American classic – Harper Lee's Pulitzer Prize-winning novel turned film has captured audiences since 1960. In this story, Atticus Finch is a lawyer who represents a black defendant in a very public rape trial. This story takes place in the Great Depression era Deep South. The novel prompted this fictional character to ...
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  • Does It Matter Who Files for Divorce First?

    Does It Matter Who Files for Divorce First? As with many questions about the divorce process, the answer to "does it matter who files first?" is "yes and no." Legally, it makes little difference which spouse files for divorce first, because in the end, you will both be going through the divorce process, and judges do not base their decision on this criteria. Being the first to file can have its advantages, though. There is something to say for not being caught off guard. While divorce should not be played like a game of "gotcha," sensing your marriage is in trouble ...
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  • 7 Questions You Must Ask Your Family Law Attorney

    Taking your time to research and interview attorneys can be beneficial; in fact, we encourage it. Before you dive in and retain legal counsel, consider asking your prospective family lawyer the following questions. 1. What are the "hills to die on" in my case? After explaining your situation to the attorney, ask them this question. Essentially, what are the issues you should fight for and on which issues should you compromise? The answer to this question will shed light on how far your attorney is willing to go to get you ...
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  • Do Grandparents Have Legal Rights?

    Do Grandparents Have Legal Rights? For many tight-knit families, grandparents play an important role in their grandchildren's lives. When parents divorce, however, sometimes grandparents can get the short end of the stick. Fortunately, there are laws that protect grandparents from being separated from their grandchildren in the event of divorce or separation in the family. Visitation In Oregon, a grandparent can petition for an order establishing visitation rights. In many divorce cases, this is not necessary – both parents remain committed to allowing both ...
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