Portland Office

Recent Posts in the Portland Office Category

  • Collaborative Law: A Court-Free Path to Resolution

    Collaborative Law:  A Court-Free Path to Resolution By Theresa Lorella , McKinley Irvin Senior Attorney Most people, including attorneys, use the term “collaborate” to mean working together cooperatively. When we use it in family law, we are referring to a specific process where both parties agree—in a contract—that they will not use litigation to resolve their family law matter. They will each hire a collaborative law attorney and begin to work together, using their attorneys to facilitate a process that aims to achieve a mutually agreed and sustainable agreement. Through ...
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  • Finishing, Enforcing, or Changing Court Orders During the COVID-19 Pandemic

    Finishing, Enforcing, or Changing Court Orders During the COVID-19 Pandemic By Theresa Lorella , McKinley Irvin Senior Attorney Perhaps it is the increased time at home, or perhaps it is the increased economic anxieties, but it seems as if many people are finding themselves in situations where they are wondering if their original court orders should be modified moving forward. Others are seeing that their court orders may not be sustainable in the face of this pandemic and they need help to enforce the terms of their current decree or parenting orders. Because rules and practices regarding the ...
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  • COVID-19: Preparing for Divorce Trial When the Court is Ready

    COVID-19: Preparing for Divorce Trial When the Court is Ready By Theresa Lorella , McKinley Irvin Senior Attorney Many trials have been delayed, perhaps emphasizing the option to use alternate dispute resolution to come to a solution in divorces and other matters. Most family law cases will settle before they go to trial—in my area, the percentage of agreed cases is probably around 97%. Sometimes settlement is months before the scheduled trial date, soon after filing a case, or even before parties file at all. Sometimes settlement doesn’t come until weeks or days before the scheduled ...
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  • Settling Divorces Outside of Court During the Pandemic

    Settling Divorces Outside of Court During the Pandemic By Theresa Lorella , McKinley Irvin Senior Attorney Now more than ever is a wonderful time to utilize one of the many alternate dispute resolution processes available, also known as “ADR.” This blanket term encompasses a variety of tools that can be used to reduce the conflict in your case and guide you to an efficient and final determination. If done through mutual agreement, this resolution may be one that is durable and empowering to both parties. Mediation The most common dispute resolution option for family law is ...
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  • 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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  • 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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"I have dealt with approximately 4 lawyers in the past from other law firms. Laura from McKinley Irvin, however, handled my case with ..."
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