McKinley Irvin Blogs from 2022

  • Why January Is a Big Month for Divorce

    Why January Is a Big Month for Divorce For many Americans, the holidays are a time of reflection. The holiday season can inspire us to reflect on the past year while preparing to ring in the new one. While the holidays can be a joyous season to share with friends and loved ones, they can also be a season of grief and loss. Many people find themselves struggling to cope during Christmastime, especially if it’s their first holiday season after divorce or the death of a loved one. Like the holidays, divorce can be seasonal. In recent decades, the month of January ...
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  • Legal Differences Between Annulment and Divorce

    Legal Differences Between Annulment and Divorce When it comes to legally ending a marriage, there are two options: divorce and annulment. Although both options can end a marriage, the legal grounds and consequences for each are different. Among the differences are the types of evidence required to obtain a decision and the obligations for the former spouse with each ruling. The biggest difference in legal grounds between a divorce and an annulment is that divorce ends a legally valid marriage, while an annulment declares a marriage legally invalid. Most couples pursue ...
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  • 5 Tips for Effective Co-Parenting During the Holidays

    5 Tips for Effective Co-Parenting During the Holidays The holidays are filled with festivities and complications for co-parents. This season can be stressful for anyone, but parents with shared child custody have additional obstacles that can turn the holidays sour. Tip 1: Put the Children First Children should not dread the winter holidays because their parents live under separate roofs. This time of the year can still be special for everyone. Prioritizing the needs of the children keeps the emphasis on where it should be and not on parents trying to “win.” Before producing a ...
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  • Social Media Habits to Avoid During a Divorce

    Social Media Habits to Avoid During a Divorce Divorce is challenging, which is why so many people take to the most readily available outlet they know to vent their emotions: social media. Social media is a great tool for keeping in touch with friends, sharing exciting experiences, and getting into contact with new people. However, during a divorce, social media can be damaging and dangerous. While social media can sometimes serve as a great outlet, it should never be a place you go to share personal information pertaining to your divorce. Find out what bad social media ...
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  • Does Marital Conduct Impact Spousal Support Awards?

    Does Marital Conduct Impact Spousal Support Awards? Marriage can come to a dramatic and abrupt end if a spouse’s misconduct becomes known. Adultery and drug abuse may drive an irreparable wedge between spouses, but misconduct does not typically affect spousal support in Washington State. Alimony – also called maintenance in Washington State – is typically awarded to bridge a big disparity between the spouses’ incomes and employability. Support is not designed as a punishment for a wrongdoing spouse. Instead, spousal support aims to help the lesser-earning spouse regain their ...
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  • Negotiating Spousal Support

    Negotiating Spousal Support Discussing the terms of spousal maintenance with an ex is never a comfortable experience. Spousal support negotiations can be one of the most difficult aspects of divorce proceedings, which is why it is important that both spouses carefully analyze each other’s situations to figure out what terms are appropriate for their future needs. Before you start negotiating a spousal maintenance agreement, you need to make sure you have a good understanding of your own personal finances. Carefully examine your monthly income and ...
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  • How Separate Property Can Become Community Property

    How Separate Property Can Become Community Property In a community property state like Washington, any property or other asset acquired during a marriage becomes the equal property of both parties. Each spouse may also have separate property they bring into the marriage. In a simplified situation, a divorcing couple splits their community property while retaining their separate property. Not all divorces are simple, however. If separate property is commingled with community property, that once-separate property can be subject to division in a divorce. Transmutation of ...
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  • Split Custody Is Possible if in the Child’s Best Interests

    Split Custody Is Possible if in the Child’s Best Interests The guiding principle for all child custody decisions in Washington State is the best interests of the child and not what is optimal for the parents. Custody must determine three aspects: How much time the child spends with each parent Which parent(s) has decision-making authority for the child A detailed parenting plan establishes how the parents will co-parent their child, from holiday schedules to medical treatments. When a divorcing couple has more than one child together, the residential schedule generally applies to ...
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