McKinley Irvin Blogs from 2011

  • 7 Tips for Negotiating Child Support in Divorce

    1. Be up front about your income and expenses. Provide verification of your income, including your last 6 months’ of wage stubs and your last 2 years’ of tax returns at the outset of your case. Also, provide verification of your monthly living expenses so that everyone is on the same page about what is reasonable in your case. 2. Build in automatic reviews/adjustments of the child support obligation. Agree to exchange your income information such as taxes and wage stubs on a yearly basis and then review whether child support ...
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  • Ten Questions to Ask When Choosing a Family Law Attorney

    The following questions have been prepared by McKinley Irvin to help you identify and prioritize the factors most important to you when you are selecting your personal family attorney. The process should be undertaken deliberately and thoughtfully, with as little emotion as possible. We know this can be difficult during this trying time, but experience tells us that a considered approach to this all-important decision will serve you best in the long term. 1. Does the attorney limit his or her practice to family law and ...
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  • International Travel with Children Considerations

    Do I need permission from my spouse or ex-spouse to obtain a passport for my child? Yes. Whether you are married, divorced, or single, federal law requires that both parents consent to the issuance of a U.S. passport for any child under the age of 16. The easiest way to comply with the two-parent consent requirement is for both parents to appear in person when their child applies for a passport. However, if one of the parents is unable to attend, a notarized letter evidencing his or her consent to apply for the child’s ...
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  • What to Expect in Divorce Court

    What to Expect in Divorce Court Most people are not familiar with courtroom practices and procedures, making any court appearance stressful. And going to court for a divorce can be particularly nerve-racking. Your very personal information will likely be discussed in front of strangers, and a judge may make financial or parenting decisions that you do not agree with. To help prepare for this process, this article explains the different types of court appearances you may be required to participate in during a divorce, as well as how to act in divorce court. ...
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  • Spousal Support (Alimony) Basics

    Spousal Support (Alimony) Basics What is Spousal Support (Alimony)? Spousal support is a payment from one spouse to the other after the parties have separated or divorced. Spousal support may also be called spousal maintenance or alimony. Generally, spousal support is awarded in order to ensure that both spouses are able to maintain a quality of life similar to what they lived during the marriage. When is Spousal Support Awarded? Spousal support is not automatic. The court will decide whether spousal support should be awarded, for how long spousal support ...
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  • Understanding the Division of Property in Divorce

    Understanding the Division of Property in Divorce When a couple decides to divorce, one of their primary tasks is to divide their property (both assets and liabilities). The division of property can be a complex and contentious issue in a divorce. If both parties agree, they can divide their property through negotiations and submit their agreed division to the court for the court to approve. If both parties cannot agree, the court will have to decide the property division for them. How does the court divide property? Alaska, Arizona, California, Idaho, Louisiana, Nevada, ...
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  • Why and When You Need a Divorce Lawyer

    Why and When You Need a Divorce Lawyer When a marriage is ending, it can be tremendously difficult to deal with both the emotional trauma and your fears about how life will go on after a divorce. The legal guidelines surrounding divorce lead to additional concerns. Questions like "do I need a divorce lawyer to file for divorce?" and "what can a divorce lawyer help me with?" are common, along with many others. Do I need a divorce lawyer? In many cases, speaking with a qualified divorce lawyer about your legal options and how the divorce process works can reduce ...
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  • Introduction to Estate Planning

    Introduction to Estate Planning An estate plan is an essential collection of documents that describes your financial, medical and other important wishes in the event of your death or incapacitation. And as important as estate planning is, only about 35% of us actually have one according to figures published in Forbes magazine in 2010. Why is that? Many of us incorrectly believe that estate planning is only for the elderly or the wealthy. This perception can be quite dangerous. If you have fewer assets it is even more important that you think about how to ...
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