Family Law Blog

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.

  • Discovery: Gathering Information for Divorces During COVID-19

    Discovery: Gathering Information for Divorces During COVID-19 By Theresa Lorella , McKinley Irvin Senior Attorney “Discovery” is an umbrella term that attorneys use to mean several different tools to gather information. Some of these tools are formal, such as subpoenas and depositions, and some of the tools are informal, such as an agreed exchange of bank statements and other financial information. This phase of the case typically happens after you have filed a case with the court and usually after you have made some temporary or interim orders or agreements. For folks who may not need ...
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  • Paying and Receiving Spousal Support During the COVID-19 Pandemic

    Paying and Receiving Spousal Support During the COVID-19 Pandemic By Theresa Lorella , McKinley Irvin Senior Attorney The overall issues regarding spousal support—alimony—mirror the general themes set out in the previous blog that describes child support. Namely, the person who is supposed to pay may not have the funds right now and the person who is receiving support likely needs those funds more than ever. Because this issue doesn’t involve children, it may be even less emergent to the court in your jurisdiction, meaning you may not be able to get your issue—on either the paying or ...
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  • Child Support During the COVID-19 Pandemic

    Child Support During the COVID-19 Pandemic By Theresa Lorella , McKinley Irvin Senior Attorney This is a hard time economically for everyone. That may be putting it too lightly: This is a terrifying time economically for most people. Even if you are able to work, you may be facing cuts, loss of benefits, or the anxiety of worrying about the sustainability of your job if this lasts for months into the future. Some people have lost their jobs completely, and are now spending days on end trying to obtain the federal and state benefits they may be entitled to as relief. ...
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  • Parenting Issues During the COVID-19 Pandemic

    Parenting Issues During the COVID-19 Pandemic Parenting issues during COVID are prevalent. Many disputes arise between parents during times of anxiety and we are currently experiencing a moment of global worry. For people who are already experiencing a contentious parenting scenario, the heightened stress of worry about finances and health has spilled over to additional parenting tension. For those with a serious concern about their children’s health, the concern is very real. Many people are making determinations about parenting that are not necessarily in line with ...
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  • Practical Issues for Divorces During the Health Crisis

    Practical Issues for Divorces During the Health Crisis By Theresa Lorella , McKinley Irvin Senior Attorney Some things are easier said than done during the COVID-19 pandemic, even if parties are agreed. While businesses are beginning to open up again, it is often with limited schedules and capacities, or specific rules. This means that some of the physical steps of separating may be a bit more difficult than they were prior. While this applies to just about anything that once seemed normal, the issue of moving to a new residence has been one that has required a fair amount of ...
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  • Temporary Orders for Divorces During COVID-19

    Temporary Orders for Divorces During COVID-19 By Theresa Lorella , McKinley Irvin Senior Attorney What are Temporary Orders? At the beginning of a case, usually after filing and beginning a divorce action with the court, parties seek temporary orders to determine who will live where, who will pay what bills, and how they will take care of the children, amongst any other particular issues, between the time of filing and the time of finishing the case. The more traditional route to temporary orders is through the court, by filing a series of documents and pleadings, ...
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  • Domestic Violence During the COVID-19 Pandemic

    Domestic Violence During the COVID-19 Pandemic By Theresa Lorella , McKinley Irvin Senior Attorney One of the side effects of the government’s stay-at-home orders is that people are now literally mandated to be in a house with a person who may be abusive physically, emotionally, or financially. Violence, control, and anger may be heightened by proximity and the aggravating factors of social stress, a bad economy, and the general anxiety of adapting to a new normal. Unfortunately, the stories—and jokes in poor taste—about the increase in domestic violence are true: Cases ...
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  • Living Together While Planning a Divorce During COVID-19

    Living Together While Planning a Divorce During COVID-19 By Theresa Lorella , McKinley Irvin Senior Attorney If you already knew you would like to move forward with a separation prior to COVID and you feel safe moving forward, you can continue to work on your case. If the plan—or circumstance—is to stay together in the same house pending next steps, there are a few things you can do to keep your case moving and to help avoid inevitable conflicts. Safety First Even partners who are not planning on a divorce are finding that stay-at-home orders are resulting in frayed emotions and ...
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  • Discussing Divorce During the Current Health Crisis

    Discussing Divorce During the Current Health Crisis By Theresa Lorella , McKinley Irvin Senior Attorney For many people, COVID—like other life-changing events—has only intensified their desire to move forward with their lives and to be honest with those around them. With the practical considerations and flexibility listed in this guide, you can absolutely get your case started so there is no need to delay approaching your spouse about a separation. If your partner is on the same page, you may even be able to use some of the tools listed in my Divorce and COVID-19 Guide to ...
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  • Whether or Not to File for Divorce During the Current Health Crisis

    Whether or Not to File for Divorce During the Current Health Crisis By Theresa Lorella , McKinley Irvin Senior Attorney People thinking about divorce or separation as COVID guidelines went into place have fallen under two broad categories now that the stay-at-home orders are upon us: Those who told their spouse (or physically separated, or filed a case, etc.) before the pandemic hit; and those who didn’t have the chance to break the news before all the COVID regulations went into place. For those who did have the opportunity to have a meaningful conversation with their spouse prior to COVID ...
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