McKinley Irvin Blogs from September 2021

  • How the Length of a Marriage May Affect Divorce

    How the Length of a Marriage May Affect Divorce The length of a marriage is one of several important factors for a court's consideration in a divorce and is primarily relevant to two aspects of a marital dissolution: the division of marital property and spousal support . Does the Length of a Marriage Affect Property Division? The length of a marriage can influence two aspects of property division. First, the duration of the marriage is relevant to the precise distribution of property between the spouses . Second, long-term marriages often involve more complex property ...
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  • 7 Marriage Questions Every Engaged Couple Should Ask to Avoid Divorce

    7 Marriage Questions Every Engaged Couple Should Ask to Avoid Divorce Before tying the knot, couples should make sure they have the same expectations going into marriage. When couples communicate their wants, needs, and expectancies, they’re far less likely to find themselves having major disagreements about big life decisions that could eventually result in divorce. Even if certain topics don’t seem relevant now, they are almost certain to become so later down the line. When couples have different views on major issues, such as the desire to have children or other future goals, they might not ...
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  • FAQ: Serving Divorce Papers in Washington

    FAQ: Serving Divorce Papers in Washington After a person files for divorce , a copy of the summons, complaint, and the notice of the initial hearing must be hand-delivered to the other spouse. This process is commonly referred to as serving divorce papers. Below, our divorce attorneys answer common questions we are asked about serving divorce papers in Washington. Question #1: How do I serve divorce papers? A: There are three ways to serve divorce papers: hand-delivery, certified mail, and publication. Question #2: Can I personally serve divorce papers? A: You ...
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  • Proving Neglect in a Child Custody Case

    Proving Neglect in a Child Custody Case Child custody cases in which one parent accuses the other of neglecting their children deal with some of the most complicated and emotionally agonizing matters. In the context of family law , any activity or behavior by a parent that threatens the physical or emotional wellbeing of a child can be considered abuse or neglect. Because of the serious nature of child neglect allegations, parents seeking custody or modification of an existing custody agreement must do more than simply tell a judge that the other parent is ...
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  • Divorce by Default: When a Spouse Fails to Respond to Divorce Papers

    Divorce by Default: When a Spouse Fails to Respond to Divorce Papers Divorce by default might be necessary if one party fails to respond to the divorce petition within the deadline. Essentially, default is an easy court victory that allows the person seeking divorce to finish their case without the other party. The default order also prohibits the respondent from taking any other actions in the divorce case, including presenting evidence, witnesses, or arguments. To obtain a divorce by default, you must file a motion for default with the clerk of the superior court and schedule a court ...
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  • Reasonable Visitation Explained

    Reasonable Visitation Explained When parents go through a divorce , their children often end up living primarily with one parent instead of the other. The parent with whom the children live most of the time is known as the custodial parent, while the other parent is known as the noncustodial or visiting parent. The custodial parent generally retains legal custody of the children, which gives them the ability to make important decisions on behalf of the child. Though visitation rights depend on a variety of factors, courts believe it is in the best interest ...
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