Family Law & Divorce Attorneys in Washington

McKinley Irvin

425 Pike Street
Suite 500
Seattle, Washington 98101
USA

(206) 625-9600

(206) 223-1999

www.mckinleyirvin.com

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Law Firm Overview

McKinley Irvin offers experienced divorce and family law attorneys, paralegals, and staff who will take the time to explain your rights and options so you can make the best choices for you and your family. Whether you decide to resolve your situation through discussions, negotiated agreements, or in the courts, we will support you through these difficult decisions and represent you zealously.

We are not just divorce and family law attorneys; we are service providers. When difficulties arise in a family relationship, it can feel like your whole world is coming apart. That is why our law firm's commitment to you is as much about providing great personal service as it is representing you in negotiations or court.

Our divorce and family law attorneys and staff are highly respected for our understanding of the breadth and nuances of family law and for our commitment to our clients. Since 1991, we've helped hundreds of individuals, from business owners, professionals, and executives to employees from some of the areas largest companies and organizations. Our work involves complex divorce actions, as well as cases involving child custody, parenting, support issues, valuing and dividing substantial assets, and interstate and international divorce and family law matters.

Year this Office was Established: 1991

Areas of Law

Additional Areas of Law: High Net Worth Divorce; Child Custody Modifications; Child Support Modifications; Parenting Plan Modifications; Relocation; Powers of Attorney; Domestic Partnerships; Fathers Rights; International Cases; Invalid Marriages; Non-Parental Custody; Postnuptial and Cohabitation Agreements; Restraining Orders; Unmarried Couples; Meretricious Relationship Law; Domestic Violence Protection Orders.

Areas of Law Description

The law office of McKinley Irvin provides legal representation on the following areas of practice:

- Adoption

Under Washington State family law, an adoption can occur after one or both biological parents' rights have been terminated by a court. Sometimes termination is involuntary, and sometimes one or both biological parents agree to termination so that a child may be adopted by a new family or a step-parent. In any case, the assistance of an adoption attorney is advisable and in some cases is required by the law. McKinley Irvin family law attorneys have represented many clients in adoption cases, particularly in step-parent and second parent adoptions.

- Family Law Appeals

The State of Washington has two levels of appeals after a trial court ruling: the Washington State Court of Appeals, and the Washington State Supreme Court. All parties after a trial court are entitled to appeal to the Court of Appeals. However, an appeal to the Washington State Supreme Court is solely at the discretion of that court and depends upon the significance of a legal issue under Washington law. The Washington State Court of Appeals has three divisions. Division One is located in downtown Seattle. Division Two is located in Tacoma. Division Three is located in Spokane. If you have received an adverse judgment from a trial court in a Washington State family law matter, you may benefit from consulting with one of our appeals attorneys. McKinley Irvin has successfully represented clients in Washington State family law appeals. McKinley Irvin appeals attorney, David Starks, handles the appellate work in our office.

- Child Custody

The issue of child custody may arise in a variety of cases, such as: Divorce; Parenting Plan Modifications; Relocation Cases; Paternity Cases; Non-Parental Custody Cases; International Family Law Cases. Each McKinley Irvin child custody attorney is experienced in Washington State law regarding parenting plans, residential schedules, and child custody. We have effectively represented hundreds of clients in divorces and other family law actions involving both contested and agreed child custody and parenting plan cases. Our child custody attorneys understand these cases are often highly emotional and can be profoundly consequential to our clients and their children. Our attorneys ensure that each client understands the strengths and weaknesses of their particular case so they can make the best decision for themselves and their families.

- Child Support

At McKinley Irvin, our child support attorneys have represented hundreds of clients in establishing, modifying, and enforcing child support obligations. We have substantial experience in obtaining the correct records and documentation necessary to accurately assess and establish net income in order to ensure support is calculated fairly. Our child support attorneys handle cases where incomes are difficult to prove due to unemployment, underemployment, or where income is otherwise not easily determined due to complicated business or financial interests, or cases in which extraordinary income is involved.

- Collaborative Law

Collaborative divorce and family law refers to a legal option for couples who wish to resolve disputes without having to go to court. Collaborative law is a viable alternative to litigation when both parties are willing to compromise, communicate, and work together. It works well in lower-conflict cases where the parties want to maintain a working relationship moving forward throughout their divorce and into the future. Because divorce can be very emotional and often arises during intense conflict, the collaborative divorce process is not for everyone. McKinley Irvin attorney Justin Sedell handles all of our firm's collaborative divorce and family law cases. He has successfully represented many clients through this new and emerging alternative to traditional family law litigation. In addition to his experience in these cases, Justin has had special training in collaborative law practice, technique, facilitative mediation, interest-based negotiation, and alternative dispute resolution.

- Divorce

McKinley Irvin divorce attorneys are seasoned professionals who can answer your questions, inform and guide you through the process, help you formulate goals, set realistic expectations, provide you with options, formulate a case strategy, negotiate from a position of strength, and ultimately be prepared to litigate if reasonable agreements cannot be reached. Moreover, our attorneys and staff understand the stress and emotional strain our clients go through during divorce proceedings. Our divorce attorneys are dedicated to supporting you through the challenges of the process with compassionate, yet thorough and aggressive representation - helping you face the challenges of the moment with an eye toward the future.

- Domestic Partnerships

Everyone deserves the right to compassionate, top-notch legal representation regardless of their sexual or gender orientation. McKinley Irvin attorney Elizabeth Hershman-Greven is a leader in domestic partnership and LGBT family law, having represented countless clients in dissolution actions involving property, financial, and child custody issues. She also advises clients about whether to register their domestic partnerships with the State, and frequently handles second parent adoption matters. Ms. Hershman-Greven lectures and publishes extensively on this challenging, constantly evolving area of law.

- Domestic Violence Protection

When an adult or child has been or is in imminent danger of being a victim of violence, courts will enter a protection order protecting that person. Such protection orders usually prohibit the named defendant (the violence perpetrator) from making any contact with the named protected person(s) or from even coming within a specified distance of the protected person(s). Anyone breaking the terms of a protection order faces criminal arrest and prosecution. Unfortunately, many family law disputes involve violence or the threat of violence, necessitating protection orders. McKinley Irvin Washington State divorce attorneys are well seasoned at getting their clients the protection from violence they need with orders of protection. Because Washington State family law public policy affords zero tolerance for abusive spouses and parents, our courts have made access to protection orders simple for those in need.

- Fathers' Rights

At McKinley Irvin, we understand and appreciate the issues men face in family law matters. We have always been zealous advocates for our male clients, and in fact often - out of necessity - we have worked harder for our male clients to ensure they receive a fair and just result. Our commitment to representing all clients regardless of the client's sex demonstrates our deep dedication to individual client service as opposed to serving a general cause. Our commitment in this regard also underscores our respect and dedication to our role as attorneys in the justice system.

- High Net Worth Divorce

High stakes divorce cases can be dramatic, resource intensive, long, and stressful for both the client and the attorney. An attorney must have the professional fortitude, experience and adequate resources at his or her disposal, as well as access to top experts in order to effectively represent clients in these cases. It is particularly true that in high net worth cases, the attorney you select can make all the difference in your case. Firm partners Jennifer Payseno and David Starks have extensive experience in these types of cases. Both typically limit their divorce engagements to cases with marital or separate property net worth of $1 million and over, as well as other matters involving complex property or financial issues. David Starks handles all cases involving significant interstate or international issues.

- International Family Law

One of the biggest concerns for an international family law attorney in recent years has been the removal of children from the country where they have lived to another country during a custody dispute. The United States and many other foreign countries have entered into the Hague Convention on Child Abduction, an international treaty that provides for cooperation between participating nations for the safe return of children to their home country. McKinley Irvin international divorce attorneys have litigated cases involving this important treaty and are familiar with the Hague Convention, a unique area of family law. McKinley Irvin international divorce attorney, David Starks, handles all Hague Convention cases in our office and is one of the few attorneys in the State of Washington who focuses on this area of practice. From choosing the best forum for filing, to enforcing foreign child support orders, to litigating issues regarding international treaties - our attorneys are up to date in the cutting edge area of international family law.

- Invalid Marriages

Marriages can be declared invalid for a variety of reasons, including whether a party entered into the marriage under duress or based on fraudulent circumstances, or if one party was already legally married at the time of the second marriage. While relatively uncommon, McKinley Irvin family law attorneys have represented clients in invalidity of marriage actions. Invalid marriage actions are comparable to divorce actions and follow similar procedures. At the end of an invalidity action, a court will declare the marriage either valid or invalid. Typically, when a marriage is declared valid, one or both parties will then request a decree of divorce. If declared invalid, the case may turn into a meretricious relationship dissolution case.

- Legal Separation

Legal separation actions are fairly uncommon. However, in some instances legal separations are a good alternative to divorce actions if both parties are in agreement. Some couples may have strong religious convictions that require them to avoid a divorce. Yet, they may wish to live apart and financially disconnect from one another. In such cases, a legal separation is an excellent option. In some instances, older couples who no longer wish to live as husband and wife may separate their affairs through a legal separation, but continue to be legally married which can often avail one or both spouses to continued insurance or other benefits that are conditioned on the existence of a legal marriage. Legal separation actions resolve the same issues that would be resolved in a divorce, such as child custody and parenting plan issues, child support, property and debt distribution, and spousal maintenance. The major difference between a legal separation and a divorce is that the parties remain legally married at the end of the case.

- Non-Parental Custody

McKinley Irvin parental custody lawyers have represented many clients in non-parental custody and visitation actions. We understand that the total picture of a child's well-being after an emotional family challenge includes the child's relationships with other significant persons. In other cases however, third parties unnecessarily infringe on a parent's ability to provide a child's best interests. McKinley Irvin's parental custody lawyers have the experience and effective litigation strategies to represent clients who are either seeking or defending against non-parental visitation actions.

- Paternity

A paternity action is commenced when the parents of a child are not married but need to establish the legal identity of a parent, typically the father. Paternity actions are also referred to as parentage actions. Our family law attorneys have successfully represented many clients over the years in paternity actions. If you need to establish paternity for your child, obtain an enforceable parenting plan, or establish child support, we can help.

- Prenuptial, Postnuptial and Cohabitation Agreements

Divorce rates in the United States remain high. Naturally, almost no couple plans to get divorced before they get married. However, in some cases a couple can greatly benefit from some form of relationship agreement, such as a prenuptial agreement, postnuptial agreement, domestic partnership agreement, or cohabitation agreement. By making relationship agreements before marriage about how property and finances should be divided if the marriage ends, parties can potentially avoid expensive and confrontational divorce litigation. McKinley Irvin family law attorneys have assisted many clients in reviewing, negotiating, drafting, challenging, and enforcing relationship agreements. Our lawyers are thoroughly familiar with Washington State family law and relationship contract law, and are thus in a unique position to represent clients in this area of the law.

- Relocation

Our attorneys can advise and represent you if you are seeking to relocate with your child and ensure that your intended relocation is processed according to the law. We can assist you in preventing the relocation of your children if you have received notice of an intended relocation. Our family law attorneys are highly experienced and have a proven track record in all areas of Washington State family law, including relocation cases. Relocation cases often involve child custody disputes, and ultimately can become the equivalent of a child custody modification action. McKinley Irvin family law attorneys have successfully represented many clients in relocation actions.

- Restraining Orders

When spouses first separate, there may be quite a bit of uncertainty about just how the finances, assets, insurance policies, and household debts will be managed on a daily basis. Especially in marriages where one spouse is the primary financial manager, a person might literally go from being comfortable one day and totally in the dark the next concerning financial matters. A family law lawyer can help. In order to protect parties and children until a divorce is finalized, an experienced family law lawyer in Washington will ask the court for restraining orders. Such orders specify things like which expenses each party will be responsible for, and will prohibit either party from liquidating assets, canceling or modifying insurance policies, or selling property without consent. These orders will often be entered at the same time as a temporary Washington State child support order, and a temporary parenting plan. In some cases, Washington State family law allows for the payment of spousal maintenance between the parties.

- Unmarried Couples

Ending a long-term relationship is a difficult process whether the partners are married or not. Various laws and legal techniques have developed over the years to address the issues that arise for unmarried heterosexual couples and same-sex couples, including the following: Co-Habitation Agreements; Meretricious Relationship Law; Paternity or Parentage cases; Domestic Partnership Act.

Affiliations

BBB
Super Lawyers

Partners

	Ms. Rita Herrera Irvin Founding Partner Divorce, Family Law, Complex Financial Issues Divorce, Complex Divorce, Divorce Involving Business Interests		Mr. Sands McKinley Managing Partner Divorce, Domestic Violence, Family Law, Paternity, Pre-nuptial Agreement
	Ms. Jennifer J. Payseno Partner Adoption, Alimony, Child Support and Custody, Child Visitation, Divorce		David Starks Partner Adoption, Alimony, Child Support and Custody, Child Visitation, Divorce

Associates

	Sarah Gallagher Associate Adoption, Child Support and Custody, Divorce, Paternity, Domestic Partnerships		Blake Hilty Attorney Child Support and Custody, Child Visitation, Divorce, Paternity, Domestic Partnerships
	Collin McKean Attorney Child Support and Custody, Divorce, Complex Divorce, Relocation, Parenting Plan Modifications		Ms. Jessica Moore Associate Alimony, Child Support and Custody, Child Visitation, Divorce, Domestic Violence
	Jill Mullins Attorney Child Support and Custody, Divorce, Paternity, Domestic Partnerships, Third-Party Custody		Kim L. Schnuelle Senior Associate Adoption, Alimony, Child Support and Custody, Child Visitation, Divorce
	Ms. Christina Smith Associate Alimony, Child Support and Custody, Child Visitation, Divorce, Domestic Violence