McKinley Irvin Blogs from January 2023

• Reducing or Canceling Spousal Support Payments

  Jan 27, 2023
  There are many reasons an ex-spouse may feel like their spousal support order is no longer fair. Below, we discuss what can be done to reduce or cancel a spousal support order that was awarded as part of a divorce settlement . Change In Circumstances If the settlement agreement or alimony order doesn't specify a timeframe for when alimony can be modified, then both spouses have the option to file a request with the court to ask for a change to the order. Ex-spouses should try to first reach an agreement to reduce support ...
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• Choosing Legal Separation

  Jan 27, 2023
  Legal separation in Washington State offers a little bit of both divorce and marriage. Couples can lead relatively separate lives while still legally married. One of the advantages of legal separation is spouses can keep some (but maybe not all) of the financial and health benefits they enjoyed as a married couple. Advantages of Legal Separation When a marriage no longer works, the two spouses often choose to move forward by getting a divorce . Other couples resist divorce because of deeply held religious beliefs or other ...
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• Proving Neglect in a Child Custody Case

  Jan 26, 2023
  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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• Getting Divorced While Pregnant: The Legal Issues

  Jan 23, 2023
  When a couple is in the midst of divorce, pregnancy can be incredibly stressful. While some couples may choose to postpone the divorce until after the child is born, others may feel waiting isn’t an option. Can You Get a Divorce While Pregnant? Yes, in the state of Washington, you are allowed to finalize your divorce even if you are pregnant. Although the courts cannot prevent you from divorcing simply because a spouse is pregnant, you may encounter some legal issues as you begin the dissolution process. Will the Other ...
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• Do Fathers Have Equal Rights in Child Custody Disputes?

  Jan 20, 2023
  Washington and all other states have shifted away from presuming the mother should receive custody. Judges consider numerous factors when determining how child custody should be divided between the parents. In most cases, the court upholds the principle that the child is best served by having meaningful relationships with both parents. The Evolution of Child Custody Divorce was uncommon in the colonial United States, but it did happen. This country followed English common law that granted custody to the fathers, as women had ...
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• When a Co-Parent Breaks the Custody Agreement

  Jan 17, 2023
  When a court issues a custody order to parents who are divorced or separated, both parties are legally obligated to adhere to the parenting plan exactly as it is written, unless the court approves a request to modify the order. Unfortunately, it’s not uncommon for one parent to feel like they got an unfair deal because they spend less time with their children than the other parent or because they disagree with some other aspect of the custody agreement. If one parent denies the other their scheduled visitation or refuses to ...
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• Parenting Rights for Stepparents

  Jan 13, 2023
  Roughly 40% of all married couples with children in the U.S. are blended families. With so many stepparents raising their spouse's children, the question of parental rights and legal guardianship is commonly raised when it comes to matters like discipline, medical decisions, and where the children will attend school. It is important to note that stepparents do not automatically have the right to make legal decisions for their stepchildren simply by virtue of their relationship to them. In order to obtain this right, a ...
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• What Will a Divorce Lawyer Ask Me?

  Jan 9, 2023
  Heading into an initial divorce consultation, you might be wondering what types of questions the attorney will ask you. During that first meeting, the consulting lawyer is bound to ask you a few important things about your current situation and your wishes—but exactly what types of questions can you expect? It’s important to be prepared for any meeting with a legal advisor, so knowing what to expect can help you gather the appropriate information to make the most of your consultation. During your first meeting, a divorce ...
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