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Category: Family Law

Common Mistakes to Avoid in Family Law Cases

Family law cases are innately emotional and complex in nature, as they involve issues such as divorce, custody disputes, child and spousal support agreements, and division of property, among other areas. Since family law cases have the potential to dramatically change someone’s personal life, financial stability, and relationships, it’s important to move with caution and be future-directed.

Understanding some of the most common mistakes people make in family law cases can help you avoid expensive errors and establish a framework for better outcomes. Emotional decision-making, poor documentation, and advice from unqualified people are just a few common pitfalls that could result in negative outcomes. Many times, these mistakes occur due to feeling overwhelmed with the intensity of your situation, thus making it harder to make strategic decisions. Knowing the mistakes you should avoid can help you achieve the best outcome with less stress.

Emotional Decision-Making

Matters related to family law cases have a tendency to bring out feelings of hostility, which can obscure reasoning and objectiveness in the approach to reaching decisions. Dominated by emotion, some parties might prefer revenge or immediate gains at the expense of long-term overall benefits. For example, parents may refuse to abide by custody arrangements in order to not cooperate with their ex-partner.

Managing emotions during family law cases involves self-awareness and a strong support system. The best way to avoid making emotional decisions is by stepping back, looking at things objectively, and seeking advice from a trusted friend, advisor, or attorney. On a practical level, people can reflect on goals and priorities, take good care of themselves, and seek support. Knowing and managing your feelings can help you make informed decisions that are in everyone’s best interest and lead to a more agreeable outcome. Family law attorneys can assist clients in making practical choices with objective advice.

Failing To Provide Sufficient Documentation

Documentation is an important foundation in family law cases. Documents can act as evidence of major events, agreements, or communications that could help to establish a clear record of the facts. Poor documentation can lead to relying on memories or hearsay and make it difficult to prove your case.

Financial transactions, parenting schedules, communications between parties, and agreements with regard to children all must be considered for a strong case. Proof of monetary transactions may be in the form of bank statements, tax return forms, or paystubs, which offer information such as income sources and amounts, expense estimates, or assets, whether liquidated or otherwise. Communications records can include email, text, letters, proved agreements, disputes, negotiations, and so on.

Another important thing is the organization and maintenance of documents. It may be helpful to physically and digitally copy all the records and safely back them up to prevent loss. These can be sorted according to topic so they are easily found when required. Continuous updating of records and a regular review by your attorney on what pertains most to your case may further reinforce your standing. Your attorney should work closely with you to identify the most impactful records and ensure that they are presented effectively.

By taking the time to preserve and organize critical documents, you are not only protecting your interests but also showing your commitment to the fair and responsible resolution of disputes.

Failing to Seek Professional Legal Guidance

Family law cases can be notoriously difficult, often due to their very personal and sensitive nature. With so much at stake, it may be unwise for an individual to handle their case alone. Self-representation looks to be a cheaper approach, but in reality, it may ultimately be more costly. Ignorant of the minute details of family law cases, you could miss critical deadlines, fail to meet legal requirements, or poorly present your case, and the results could be unfavorable settlements, the loss of parental rights, severe financial disadvantage, or worse.

Experienced family law attorneys, such as the team at Warren Allen, know how to adapt their strategy to individual cases to ensure each client receives proper guidance and preparation. With your best interests in mind, your attorney will advocate on your behalf, vastly increasing the chances of a positive outcome.

Additional Pitfalls to Avoid

While emotional decision-making, poor documentation, and lack of legal representation are the most common errors made by parties involved in family law cases, there are others. For instance, failure to disclose assets, not following the orders of the court, and inappropriate use of social media all have the potential to negatively impact your credibility, weaken the outcome of your case, or even lead to legal consequences.

Failure to disclose all assets in a divorce, for instance, may amount to serious sanctions and erosion of credibility in court. Settlements regarding property division and support agreements must be made in an honest and transparent manner. Disregarding the orders of the court may result in fines, changes to agreements, and even contempt of court.

Improper utilization of social media can similarly harm your cause. Posts that include personal information, demonstrate poor judgment, or contradict information presented in court may be used against you. Social media in the realm of family law cases must be handled cautiously, and it is strongly advised you keep your posts private and do not talk about your case. Ultimately, the best way to avoid the pitfalls discussed is to consult a professional attorney with experience in family law. At Warren Allen LLP, we appreciate the delicate nature of family law cases and do our best to navigate this process with each client, sensitively and skillfully. We provide concise advice and customized strategies, helping individuals make informed decisions and avoid potential mistakes. We concentrate on working toward solutions that protect the rights and best interests of each client.

How To Choose the Right Family Law Attorney for Your Case

Family law matters can be an emotionally challenging experience. Family law matters can be an emotionally challenging experience, encompassing a broad range of issues, including divorce, child custody, child support, spousal support, and property division. Each of those issues comes with its own set of unique complexities. 

Finding the right family law attorney to guide you through this intricate process is imperative. A skilled family law attorney in Portland, Oregon, can provide expert counsel and help protect your rights and interests.

Oregon family law prioritizes the well-being and safety of all family members, particularly children. From dividing marital assets to determining child custody arrangements, the stakes are high, and the consequences of missteps can be long-lasting. Given the gravity of family law decisions, selecting the right attorney is critical. 

The right family law attorney will provide compassionate guidance, expert knowledge, and aggressive advocacy to ensure the best possible outcome for your case. At Warren Allen, LLP, we recognize that your unique situation demands an attorney who not only possesses expertise but also aligns with your needs, communication style, and goals.

By understanding key factors to consider, researching potential attorneys, and asking informed questions, you can confidently select a skilled advocate to navigate Oregon’s complex family law landscape.

Key Factors to Consider

When seeking a family law attorney in Portland, Oregon, it’s essential to consider several factors that distinguish exceptional representation from mediocre counsel. Experience in family law is paramount, as it directly impacts an attorney’s ability to navigate complex legal issues effectively.

An attorney’s familiarity with local courts and judges can significantly influence the outcome of your case. A family law attorney with established relationships in the legal community can anticipate potential challenges and opportunities, leveraging this expertise to your advantage.

Effective communication is another critical aspect of successful representation. Your attorney should demonstrate a clear, empathetic, and responsive communication style, ensuring you feel informed and supported throughout the process. 

This clarity fosters trust, essential for building a solid attorney-client relationship. Researching an attorney’s reputation by reading client reviews and online testimonials provides valuable insights into their level of client satisfaction and success. Asking for referrals from trusted friends, family, or professionals can further validate an attorney’s credentials.

Verifying an attorney’s credentials, such as certifications, awards, and professional associations, demonstrates their commitment to staying current with the latest developments in family law. Membership in esteemed organizations like the Oregon State Bar Association or the American Academy of Matrimonial Lawyers showcases expertise and dedication.

Hiring a skilled family law attorney in Portland, Oregon, offers numerous benefits. They provide expert guidance, protect your rights, develop effective strategies, confidently navigate negotiations and court proceedings, and provide emotional support and reassurance. With a deep understanding of the intricacies of Oregon family law, they can identify potential pitfalls and opportunities, ensuring the best possible outcome for your case.

Family law cases require attentive, knowledgeable representation. By prioritizing experience, communication, reputation, and credentials, you can confidently select a family law attorney in Portland, Oregon, who will advocate for your best interests.

Divorce and Separation Considerations

Divorce and separation proceedings can be emotionally draining and legally complex. A family law attorney in Portland with extensive experience in divorce law can provide invaluable guidance and support. There are several types of divorce, each requiring unique expertise.

Uncontested divorces involve mutual agreement on key issues, while contested divorces require litigation to resolve disputes, and collaborative divorces emphasize cooperation and negotiation. A seasoned family law attorney can help determine the best approach for your situation.

Division of assets, debts, and property is another critical aspect of divorce proceedings. Oregon law requires equitable distribution but does not necessarily mean equal division. Your attorney will ensure fair consideration of marital assets, separate property, and debts. 

Spousal support and maintenance, also known as alimony, may be awarded to ensure financial stability for one spouse. Factors influencing spousal support include income, earning capacity, and duration of marriage. An experienced attorney will advocate for your interests, ensuring a fair and reasonable agreement.

Navigating complex divorce proceedings requires expertise and strategic thinking. A qualified family law attorney will consider tax implications and long-term financial consequences, identify potential hiding of assets or income, develop effective settlement negotiation strategies, and prepare and present compelling arguments in court.

Child Custody, Support, and Parenting Plans

A family law attorney in Portland, Oregon, with expertise in child custody and support, can ensure your child’s well-being and protect your rights. Oregon courts prioritize the best interests of the child when determining custody. There are several types of child custody, including joint, sole, and shared custody. Joint custody involves shared decision-making, while sole custody grants one parent primary decision-making authority. Shared custody involves physical custody splits.

Parenting plans and co-parenting agreements outline childcare responsibilities, decision-making, and communication protocols. These plans help reduce conflict and ensure consistency. A family law attorney can facilitate negotiations, ensuring your parenting plan aligns with your child’s needs.

High-conflict or special needs cases require specialized expertise. An attorney experienced in child custody and support will consider unique circumstances, such as domestic violence or substance abuse, and develop tailored parenting plans addressing special needs.

Additional Variables to Consider

When selecting a family law attorney, several additional factors warrant consideration. Beyond expertise and experience, these variables can significantly impact your case’s outcome and overall satisfaction. Your attorney should be accessible to answer questions, address concerns, and provide timely updates on your case. Ensure your attorney’s workload allows for dedicated attention and prompt communication.

Fees and billing structures vary among family law attorneys. Some attorneys charge hourly rates, while others offer flat fees or hybrid models. Before committing to representation, clarify billing practices, additional costs, and potential contingencies. Office location and accessibility can impact your ability to meet with your attorney conveniently. Support staff and resources also play a vital role. A well-organized and experienced support team can streamline communication, document management, and case preparation. Ensure your attorney’s office is equipped with cutting-edge technology and skilled personnel. Family law cases require attentive, knowledgeable representation. Schedule a consultation with the experienced family law attorneys at Warren Allen, LLP today. Your unique situation deserves personalized attention; don’t settle for anything less.

What to Expect During a Family Court Hearing

The term “family law” covers a broad spectrum of issues that might come up between family members. A family court handles a wide range of family law cases, including divorce, annulment, separation, prenuptial agreements, child custody, visitation, spousal support, child support, assigning guardianship, protection orders against domestic violence, emancipation of a minor, termination of parental rights, adoptions, name changes, establishing paternity, and so much more. 

It can be stressful anytime you need to appear in court, but a family court hearing can be extra challenging because of the emotional and personal nature of the issues. Rather than trying to do it alone, consulting with a family law attorney like the ones at Warren Allen LLC can be extremely beneficial in preparing for your family court appearance. 

Knowing what to expect if your case goes to court can help you feel more prepared and reduce your anxiety. Below is an overview of a family court hearing, including the roles of various participants, a brief description of the procedures involved, and practical tips to prepare for a family court hearing. 

Who is Involved in a Family Court Hearing?

It might be helpful to start by listing the roles of everyone involved in a family court hearing to give you a better framework for understanding the family court system.

  • Judge: a neutral party who presides over the case to rule on legal issues and make a decision based on all evidence presented, arguments made, and applicable laws. In some jurisdictions, a family court commissioner, rather than a judge, hears family law cases.
  • Plaintiff: the person who initiates the court case (e.g., the spouse who files for divorce, etc.). This person is also sometimes called the petitioner.
  • Defendant: the person responding to the petition or complaint. Also referred to as the respondent. 
  • Family law attorneys: attorneys specializing in domestic issues, like the lawyers at Warren Allen. Many people hire a family law attorney to best represent their interests by presenting evidence and making arguments before the judge.
  • Witnesses: expert witnesses might include counselors, mental health professionals, financial advisors, etc. Non-expert witnesses might be neighbors, co-workers, family members, or friends who can serve as character witnesses or provide other evidence.
  • Court-appointed advocate or social worker: when children are involved, the family court will prioritize the child’s best interests and might appoint an advocate or social worker to provide recommendations.
  • Court reporter: the person tasked with recording everything said during the proceedings, word for word. The court reporter creates a record that can be used during appeals or other legal proceedings. 

What Happens During a Family Court Hearing?

The family court will assign your case a date and time. It’s a good idea to arrive at the courthouse well ahead of your scheduled time to ensure adequate time to get through security and to find your assigned courtroom. Check in with the court clerk or bailiff, who will provide additional guidance about where to wait or give you any other instructions you might need.

Once the hearing begins, the judge will introduce themself and lay out the procedures for the hearing. The plaintiff and the defendant (or their attorney) will then make opening statements summarizing their cases and what they hope to prove with their supporting evidence.

After the opening statements, the plaintiff’s team must plead their case, give testimony, and present all evidence. They may also call witnesses at this time.

The defendant, or their attorney, has the right to cross-examine the plaintiff’s witnesses and challenge the presented evidence. Then, the defendant presents their case. When finished, the plaintiff will have a chance to cross-examine the defendant’s witnesses and challenge the defendant’s evidence.

Throughout the process, the judge might ask questions to help clarify or provide additional information or elaboration on various points of evidence or testimony.

Finally, both sides can make closing statements summarizing the arguments and reiterate key points and evidence. Although not required, it’s usually in your best interests to take advantage of this time to restate the strongest points of your position and respond to any lingering questions or issues.

Sometimes, a judge might make an immediate decision. In many cases, they will need time to review the evidence and will issue a written order later outlining their findings and decision.

If you disagree with the judge’s ruling, consult a family law attorney about how you might appeal or seek modification of the court order. Otherwise, it’s essential to comply with the judge’s decision in a timely manner and meet all given deadlines.

How to Prepare for a Family Court Hearing

The following are some practical tips to keep in mind as you prepare for a family court hearing:

  • Gather your evidence. Get copies of anything that can help you support your claims, including financial records; written communication, including emails and texts; medical records; legal documents such as custody agreements; witness statements; relevant reports from professionals like mental health professionals, financial advisers, doctors, teachers, school officials; and physical evidence like photographs. 
  • Be as organized and prepared as possible. Make sure you have all evidence together in one place and clearly labeled for easy access. If possible, research other cases like yours to understand the issues at stake, what types of evidence you need, and what your strategy should be.
  • Rehearse what you plan to say, and practice stating your case calmly and concisely. Make sure you’re familiar with all the facts and evidence. Know precisely what you want to say to the judge so you don’t forget important points.
  • Make a good impression. Arrive early. Maintain your composure throughout the proceedings and be respectful to all parties, especially the judge, addressing them as “Your Honor” and standing to speak to the court. Dress neatly in clean and modest clothing. Wait your turn to speak, and do not interrupt others. Listen closely and follow all directions given by the court.
  • Consult an expert. You hire a plumber when your sink doesn’t work; discussing your family law case with an expert is much more important.

When you work with our family law attorneys at Warren Allen LLC, we can help you navigate the family court process, making sure you understand the relevant procedures and timelines. We can also help you develop a legal strategy and go over your evidence and arguments. Let our team be your team. Schedule a free consultation today, and let us help you through your family court hearing.

How To Modify Child Custody and Support Orders After the Divorce

Divorce is a challenging experience, and establishing child custody and support arrangements can be especially difficult. While these orders are designed to provide stability for children, life circumstances can change, necessitating adjustments to these agreements. If you’re a divorced parent considering modifying your child custody or support order, understanding the process is imperative. 

In Oregon, the custody lawyers at Warren Allen LLP can provide invaluable guidance throughout this complex legal journey. These attorneys will lead you through the legal intricacies of the matter, gather necessary evidence, and build a strong case to present to the court.

Understanding Child Custody and Support 

Before diving straight into the modification process, it’s important to understand the basics of child custody and support orders. Child custody is the legal and physical care of a child after a divorce. Legal custody involves decision-making rights, while physical custody determines where the child lives. 

Child support is financial support provided by one parent to the other for the child’s upbringing. It’s typically calculated based on the parents’ incomes and the child’s needs.

Understanding the Grounds for Modification

Before initiating the modification process, understanding the legal grounds for requesting a change is important. Generally, courts require a significant change in circumstances after the original order has been issued. For example, a job relocation requiring a significant move can greatly impact custody and visitation arrangements. Additionally, a child’s diagnosis of a chronic illness may necessitate adjustments to the parenting plan to accommodate medical appointments and care. A substantial increase or decrease in one parent’s income can also influence child support obligations.

In more severe cases, evidence of child abuse or neglect by one parent could lead to a modification of custody arrangements.

The Modification Process

Modifying child custody or support orders usually involves the following steps:

  1. Consult with a Custody Lawyer in Oregon: An attorney specializing in Oregon custody law can assess your situation, explain the legal process, and help you gather the necessary documentation.
  2. Gathering Necessary Documentation: Consider compiling financial records like income statements, tax returns, and pay stubs to illustrate changes in financial circumstances. Also, medical records detailing the child’s health needs and conditions can be valuable. School records, including reports and evaluations, may demonstrate changes in the child’s academic performance or behavior. If relocation is a factor, lease agreements, job offers, or home purchase contracts can serve as evidence. Maintaining detailed records of your parenting time and responsibilities, often called “parenting plans”, can also benefit your case.
  3. File a Petition: You must formally petition the court outlining the changes you seek and provide legal reasons for the modification.
  4. Serve the Other Parent: The court requires that the other parent be officially notified of the petition.
  5. Mediation or Negotiation: Courts often encourage parents to go through mediation or negotiation to reach an agreement before proceeding to court.
  6. Court Hearing: If an agreement cannot be reached, the case will proceed to a court hearing. During this hearing, a judge will make a decision based on the evidence presented.

Building a Strong Case

Presenting a compelling case to the court is crucial to increase your chances of a favorable outcome. Prioritizing the child’s best interests is paramount, as the court’s primary focus lies in the child’s well-being. Emphasizing how the proposed modifications will positively impact the child’s life can significantly strengthen your position.

Providing clear and concrete evidence to support your claims is essential, and avoid making unsubstantiated allegations. Maintaining a cooperative attitude, even amidst disagreements, can favorably influence the court’s decision.

Finally, retaining experienced Oregon custody lawyers can greatly enhance your ability to safeguard your child’s best interests.

Common Challenges

Modifying child custody and support arrangements can often be complex and challenging, and several common issues frequently arise. Relocation disputes, centered on a parent’s desire to move and the subsequent impact on custody and visitation arrangements, are a frequent point of contention. Additionally, disagreements over the accurate calculation of child support based on changes in income can lead to conflicts. Maintaining a positive co-parenting relationship after modifications can also prove challenging for many parents.

Effective Communication

Effective communication makes a world of difference amidst the complexities of the modification process. Focusing on the child’s best interests is most important during these discussions. Using “I” statements can help express feelings and needs without placing blame or accusations on the other parent.

Active listening, characterized by an attentive focus on the other parent’s perspective without interruption, is crucial. In situations where communication challenges persist, seeking professional guidance through mediation or counseling can prove beneficial in fostering improved communication and cooperation.

Child Custody Evaluations

In some cases, the court will order a child custody evaluation to assess the child’s best interests. These evaluations involve interviews with parents, children, and other relevant parties. The evaluator’s report can significantly influence the court’s decision.

The Role of the Court

The court plays an essential role in determining the necessity and parameters of a custody or support order modification. When making these decisions, judges consider several key factors. The child’s best interests always come first, guiding the court’s decisions.

The court examines the reasons for the requested modification to assess its validity while ensuring the stability and continuity of the child’s life. The court also evaluates each parent’s ability to provide a safe and nurturing environment for the child. The child’s expressed wishes may be considered part of the decision-making process when age-appropriate.

While the modification process is underway, the court may issue temporary orders to tackle any immediate concerns, such as child custody or child support. These orders remain in effect until a final decision is made. In Oregon, the experienced custody lawyers at Warren Allen LLP understand the intricate process and delicate nature of modifying a custody or support order, and we’re here to help. Contact us today for a consultation, and let us help you make it as seamless as possible.

What Is a Prenuptial Agreement?

Marriage is not just a union of two individuals but a merger of lives, assets, and financial responsibilities. With the growing complexities of modern relationships and the increasing prevalence of dual-income households, the question arises: “What is a prenuptial agreement, and why might it be necessary?” 

This article delves into the fundamentals of prenuptial agreements, outlining their purpose, benefits, and key components. It aims to help readers understand how these legal contracts protect individual assets and financial interests before marriage, providing clarity on why and when one might be necessary.

Understanding Prenuptial Agreements

A prenuptial agreement, commonly known as a prenup, is a legally binding contract a couple agrees upon before marriage. This contract should outline what happens in the event of divorce or death, such as the division of assets, financial rights, and responsibilities. While often perceived as unromantic or pessimistic, prenups are practical financial planning and risk management tools.

A big reason to get a prenup is to establish clear financial boundaries and expectations between partners. This agreement can resolve many potential issues, including spousal support, division of property, debt responsibility, and even arrangements for children from previous marriages. By addressing these matters upfront, couples can avoid misunderstandings and conflicts in a worst-case scenario.

Benefits of a Prenuptial Agreement

Prenuptial agreements offer numerous benefits to both parties in a marriage. The most significant benefits we have found are: 

Protection of Individual Assets

A prenup helps ensure that personal assets stay with their original owner in the case of divorce. This is particularly important for individuals entering a marriage with significant assets or inheritances. 

Clarification of Financial Responsibilities

By outlining financial responsibilities and expectations, a prenup can prevent disputes over money matters during a marriage by outlining financial responsibilities and expectations. 

Debt Protection 

If one partner has significant debt, a prenup can protect the other partner from being held liable for those obligations. This can be crucial in maintaining individual financial stability. 

Ultimately, knowing that financial matters are settled can give a couple peace of mind, allowing them to focus on their relationship without the shadow of potential financial disputes.

Key Components of a Prenuptial Agreement

A well-drafted prenuptial agreement should address several key components to ensure comprehensive protection and clarity for both parties. 

  1. Asset division: The agreement should list all individual assets and debts brought into the marriage by each partner, including real estate, bank accounts, investments, retirement accounts, and personal property. 
  2. The division of property: The prenup should specify how assets will be split in the event of divorce. This should cover assets acquired before the marriage and those obtained during the marriage.
  3. Spousal support: The agreement should clearly state the terms of spousal support, including the amount and duration of payments, to prevent disputes and provide financial security for both parties. 
  4. Inheritance: A prenuptial agreement can clarify inheritance rights, ensuring that individual assets are passed down according to each partner’s wishes. This is especially important for blended families or individuals with children from previous relationships. 
  5. Debt responsibility: Debt is another essential component. The agreement should specify how debts will be handled in the event of a divorce, covering both individual debts and any debts incurred during the marriage. 
  6. Business interests: the prenup should outline the division of business interests and protect the business from being dissolved or disrupted in the event of a divorce. 

Dispute resolution provisions can be included in a prenuptial agreement to circumvent any lengthy and costly court battles, with methods such as mediation or arbitration specified in the agreement. Some prenups also include a sunset clause, which stipulates that the agreement will expire after a certain number of years or upon the occurrence of a specific event, allowing for the possibility of renegotiating the terms as the marriage evolves.

When Is a Prenuptial Agreement Necessary?

While prenuptial agreements can be beneficial for many couples, they are essential in certain situations. If one spouse has significantly more assets or income than the other, a prenuptial agreement can ensure that both parties are protected financially. 

Individuals who have been married before or have children from previous relationships may use a prenup to protect their assets and ensure that their children’s inheritance rights are preserved. If one partner expects to receive a substantial inheritance, a prenup can protect those assets and ensure they remain within the family.

Business owners can use prenuptial agreements to safeguard business interests and prevent disruptions in the event of a divorce. On the flip side, if one partner has significant debt, a prenup can shield the other partner from being responsible for that debt.

Drafting and Enforcing a Prenuptial Agreement

Creating a prenuptial agreement requires careful planning and legal guidance. Both parties should consult with their own attorney to ensure that their interests are protected and that the agreement is fair and enforceable. The process typically involves full disclosure of each partner’s financial situation, including assets, debts, income, and expenses. Once all financial information is disclosed, the attorneys will draft the agreement, ensuring it complies with state laws and addresses all necessary components.

In order to be enforceable, a prenuptial agreement must be voluntary, which means both parties must enter into the agreement willingly, without coercion or undue pressure. Each spouse must fully disclose their financial situation, including assets, debts, and income. 

Prenuptial agreements are valuable tools for financial planning and risk management in marriage. By understanding what a prenuptial agreement is, couples can make informed decisions about their financial future and protect their assets and interests.

Whether you have significant assets, own a business, or simply want to establish clear financial boundaries, you need to know what a prenuptial agreement is: a practical and beneficial step before marriage. Working with an experienced family law attorney like our team at Warren Allen will ensure that the agreement is fair, legally binding, and tailored to your unique circumstances, providing you with the protection and security you need as you embark on your marital journey. Contact us today to see how we can help you build a foundation for the future of your marriage.

How to Navigate Divorce Proceedings in Oregon: Steps and Considerations

Marriage is a legal contract between individuals and the state, declaring that two people desire to blend their goals, finances, assets, and families. Sometimes, however, both parties realize marriage no longer serves them, and in these cases, a divorce is ideal. 

All parties involved should understand the process from filing to finalization, which is where a family law attorney can help. Individuals seeking a divorce attorney in Portland, Oregon, may have questions about this process, and this article will answer some frequently asked questions about getting divorced in Oregon.

What Is Oregon’s Position On Divorce?

In the state of Oregon, parties pursuing a divorce do not need to provide any proof that a divorce is necessary beyond the expressed desire of both parties. The term for this kind of divorce is “no-fault divorce.”  If either party wishes to present evidence that issues are causing the divorce, they may do so in litigation or mediation. These issues presented may impact the division of assets or child custody, but Oregon does not require litigation or mediation to grant a divorce.

Oregon is a no-fault divorce state and does not require a mandatory waiting period before filing for divorce. Some states require couples to prove they have been separated or have attempted reconciliation before granting a divorce, but Oregon’s courts do not require these additional steps. The only requirement for ending a marriage is that both parties agree that their irreconcilable differences cause the marriage to no longer be desirable for the individuals involved.

How Does The Divorce Process Start?

To begin divorce proceedings, the involved parties will file a petition for divorce with the state of residence. The divorce petition will inform the courts why a dissolution of the marriage is necessary. You’ll likely want to enlist a divorce attorney to guide you through this process, as a divorce requires extensive knowledge about the needs of all parties involved and the ins and outs of Oregon’s laws regarding separation, divorce, and annulment.

Divorce attorneys in Portland, Oregon, specialize in family law and will help you gather vital information to prepare for filing your divorce petition, like the division of assets, child custody considerations, and other factors. These attorneys can also provide mediation or help you with litigation, depending on which approach makes the most sense for your specific situation and needs.

What Information Will An Attorney Need?

After you’ve found an attorney, the next step is gathering important information about your marriage. For example, if both parties own property together, ownership and division of that property and any other assets must be agreed on.  Sharing pertinent information about your property, like a deed or mortgage agreement, will be necessary for determining property division.

You will also need information about tax returns, debt, proof of income, investments, childcare costs, and custody of minor children. Assets shared during the marriage must be documented and filed with your attorney. Be mindful of the expenses and assets gained during the marriage, as these items will arise during your divorce proceedings, regardless of whether you choose mediation or litigation.

Should I Choose Litigation Or Mediation?

Both parties will decide whether to approach the dissolution of the marriage through mediation or litigation. Mediation is a preferred method as it provides the opportunity to resolve disputes on issues like alimony or child support under the guidance of a neutral third party, like an attorney. Mediators can help both parties agree on important details pertinent to the marriage without the involvement of a judge.

When litigation is necessary, your attorney will present your case for divorce to a judge, who will decide on details that both parties could not agree on in mediation. Your attorney will know the best practices for representing your best interest and meeting your needs. They will also help you find ways to compromise or make adjustments that honor your preferences.

How Long Will My Divorce Take?

Several factors significantly impact the timeline of divorce proceedings. If there are few assets to divide and no children and the parties choose to use the mediation approach, the process from filing for divorce to finalizing the divorce can take a couple of months on average. If, however, there are assets to divide and children shared, this can lengthen the process, especially if litigation is necessary. The average timeline for this kind of divorce is between six and twelve months.

Other factors influencing the length of your divorce proceedings include whether the divorce is amicable or contested. In an amicable divorce, both parties agree that a divorce is ideal and agree on the property division and parenting plan (if applicable). Uncontested divorces take a shorter amount of time to process.

If the divorce is contested, one of the parties does not agree to the proposed agreement. Contesting a divorce can significantly extend the timeframe.

How Do I Find A Divorce Attorney In Oregon?

The plethora of divorce attorneys in the Portland, Oregon, area provides both parties with plenty of options for representation. When choosing a family law attorney, consider how comfortable you feel with your attorney as well as the experience of that attorney. 

Divorce is an intimate process that can be emotionally taxing, so you’ll want an attorney who not only knows Oregon’s laws regarding divorce but also does the work of knowing you and understanding your needs. At Warren Allen, our Portland, Oregon, divorce attorneys have been representing parties seeking a divorce since 1966, making us one of the oldest and most prominent firms in the Pacific Northwest. The family law and divorce attorneys at our firm share a compassionate approach to divorce and are driven by a desire to help their clients move forward with their lives with as much calm and clarity as possible.

How Is Child Custody Determined in an Oregon Divorce?

Child custody is not a decision that any court takes lightly. The specifics of custody law vary by state, but the child’s best interest is always the most important thing. How does Oregon law determine which custody is in the best interest of the child or children? Ultimately, it’s whatever will best benefit the child and where they will be most safe, stable, happy, and healthy. But what factors help the court determine this? Read on below to find out more.

What is a Parenting Plan?

A parenting plan establishes how divorced or separated (if never married) parents will handle the decisions involved in child-rearing for a child they share, which the court will then confirm. These plans usually include outlines of holidays and vacation schedules, how information is shared between parents, when a child resides with each parent, and how disputes will be resolved.

In Oregon, most parenting plans must also include a requirement about moving. Per this requirement, a parent can only move up to 60 miles away without informing the other parent and the courts first. 

In some cases, parents agree on the details of the parenting plan, and the court only needs to get involved in ratifying the plan. In other cases, parents can not work together on the parenting plan, and the court needs to get more involved.

How is Custody Determined?

While physical custody is a significant part of parenting plan cases, it’s not the only part. Legal custody is another portion, referring to decision-making regarding education, primary care physicians, and other major choices that arise while raising a child.

When it comes to legal custody, joint custody is where both parents share the decision-making. In Oregon, a judge will only sign off on joint custody if both parents agree. If either parent objects to joint custody, the court will determine which parent gets sole custody.

Sole custody gives one parent the power to make decisions, but this arrangement usually still includes a split of time each parent spends with the child. Both parents would usually still have access to the child’s health, education, and government records and be able to make emergency medical calls. 

If the court deems it necessary, the parent without custody may have specific limitations placed. These could include court-supervised visits only or no visitation at all.

What are the Determining Factors for Custody in Oregon?

A Portland, Oregon, divorce lawyer will guide you through the ins and outs of the state’s laws, including factors that determine custody decisions in Oregon specifically. Here’s a breakdown of factors the court considers, as stated in Oregon Statue 107.137

  • The emotional bond between the child and family members. The child’s relationship with other family members, such as grandparents, will be a factor in determining custody. Oregon judges are typically reluctant to separate siblings.
  • The interest of the parties in/attitude towards the child. Your divorce lawyer must effectively show that the child is the number one priority in a parent’s life.
  • Which parent is the primary caregiver of the child. The primary caregiver can be determined by who takes the child to activities, who regularly attends physician and dental appointments, who bathes and feeds the child, etc.
  • The willingness and ability of each parent to facilitate and encourage a continuing relationship between the other parent and the child. The health and safety of the child is always the most important deciding factor. 
  • If one of the parents committed abuse. In this case, custody will not be awarded to that parent for the child’s safety, health, and emotional well-being. Also, the courts will consider if one parent has a history of violence, drug abuse, criminal activity, or neglect. 

 Some other factors may include:

  • The child’s preference. Children can communicate their wishes, but because they are under 18, they will not have a legal say. 
  • Child’s age and gender.
  • Access to education options, opportunities, and resources.
  • Stability of each parent’s home. 
  • How much of an adjustment the child would have to make to shuttle back and forth to each parent’s house.
  • The testimony of expert witnesses, including psychologists, social workers, and physicians. 

What are some exceptions?

  • The parent’s income, social environment, and lifestyle will only be considered if it negatively impacts the child’s well-being.
  • There is no preference or bias based on the parent’s gender. 
  • A parent’s disability, unless it directly affects the child’s care. Mental disabilities or a disability that prevents a parent from being able to care for the child will be considered appropriately.

How Can a Portland, Oregon Divorce Lawyer Help with Child Custody?

Child custody has many aspects, so it will only help to have legal expertise in your corner. By consulting with a lawyer, you can discuss and figure out what you hope the custody arrangement’s outcome will be. Lawyers can also represent you in determining child support. Together, you’ll create a plan to achieve those goals.

If you don’t want to go to court, your lawyer can work to do everything possible to come to a resolution. If you must go to court, your lawyer can prepare you for the process. Even if both parents agree on a parenting plan, you should have a lawyer review the documents before anything is officially filed. Family law attorneys have experience creating these plans and will include what’s necessary, and help you avoid any pitfalls.

You’ll want to work with family law experts when navigating child custody cases. Our Warren Allen family law attorneys are some of the top-rated and most experienced divorce lawyers in Portland, Oregon. We’ll work hard for you to ensure the court determines the best custody arrangement for your child. Visit our website for more information about our Portland, Oregon divorce lawyers at Warren Allen LLP. If you have any questions or are interested in scheduling a consult, call or contact us via the website.

What Factors Should I Consider When Hiring Attorneys in Portland?

How do you find the right attorney when you need legal advice or representation? Your first step might be to ask family, friends, neighbors, and coworkers for recommendations. First-hand experience with a law firm or attorney can provide valuable information about how they approach cases, treat clients, communicate, and more. 

You might also do a quick internet search to see what attorneys are in your area. It’s important to find a local law firm for a few reasons. Since laws vary from state to state and in different jurisdictions, a local firm will be the most familiar with the laws and local court system that might affect your case. Secondly, depending on the type and complexity of your case, you might need to consult with their team more than once, which will be easier with a local attorney. 

If you’re looking for attorneys in Portland, Oregon, for instance, the expert team at Warren Allen, LLP, has a wealth of experience representing clients across Washington and Oregon in a range of legal areas. Specialties include personal injury, family law, landlords’ rights, condominiums, estate planning and probate, and wildfire recovery.

Besides location, though, there are several other factors to consider when hiring attorneys in Portland or any other city. The following guide outlines some things to think about in your search.

Area of Expertise

First and foremost, you want an attorney familiar with your type of case. When attorneys specialize in a particular area of law, they are better equipped to provide sound legal advice and represent you in court should that become necessary. Familiarity with your type of case ensures the attorney can:

  • Develop effective legal strategies. They stay updated on changes in the related laws and are familiar with relevant case precedents and rulings, so they know what approach works best, what type of evidence is needed, etc.
  • Capitalize on established relationships. They will likely have established relationships with judges, other attorneys, and experts in the area who can help with your case. For example, in personal injury cases, you need an expert to establish negligence, gather evidence, and assess damages.
  • Work efficiently and confidently. Because these attorneys have already spent a lot of time working with similar cases, they won’t need extra research time, which will be more cost-effective for you. Knowing what paperwork is needed and which steps you need to take can also significantly reduce the risk of missing important deadlines or leaving out pertinent information.

Level of Experience and Reputation

Of course, you would like an experienced attorney with a high success rate, but how can you check? The first step is to contact your state’s bar association or use their online search function to verify the attorney’s credentials. Their online entry should also indicate whether they have faced any disciplinary actions or if there have been complaints filed against them. State bar associations should also have information about the attorney’s track record of cases.

You can also ask the attorney for references or case studies from some of their previous clients. These references can help you gauge client satisfaction and success rate. Read any reviews or testimonials you can find online. Do they have a good reputation?

Professionalism

Another important factor to consider is the level of professionalism of the attorney and the law firm. You want to feel confident that you and your case are in capable hands. When a law office, the attorney, or their team is disorganized, chaotic, or perpetually late, they will likely handle your case the same way. 

Communication

Maintaining professionalism in communication covers a few different areas. When you call or email, do they answer quickly, or do you have to follow up on communication attempts to get a response? Do they listen to you and answer your questions, or are they dismissive? Are they clear in their communication, or do they use many legal terms you might need help understanding? Do they seem genuinely interested in your welfare and your case?

Another thing that communication might clarify is whether or not the attorney has the time and resources to dedicate to your case and focus on your needs. Even if their communication is professional, delays in responses indicate that your attorney is very busy with a heavy workload and may be unable to give your case the necessary attention for success.

Presentation

If your attorney might eventually represent you in court, you want them to have a professional appearance and presentation, which will inspire confidence. You can begin to gauge their level of professionalism by looking at their website and office. Do they have typos on their website? Is the office messy or dirty? Are they dressed appropriately for a business atmosphere? 

Although these issues might be minor, they can give you a better sense overall of how seriously the attorney takes their job and, in turn, how much effort they will put toward your case.

Fee Structure

Some attorneys charge by the hour. Others work on a contingency fee basis, meaning you are only required to pay them if you win the case. Some charge flat fees for specific services. Discuss fees upfront and make sure you have a clear understanding of the billing structure. A good rule of thumb is to avoid any law firm that: 

  • Makes you feel uncomfortable asking questions about the fee structure
  • Cannot provide you with specific information about fees and costs
  • Guarantees you will win your case or will receive a certain amount of financial compensation

Compatibility

Even for a relatively simple case, you will work closely with your attorney and need to trust them. Feeling compatible and comfortable with your attorney is especially important if your case is sensitive (as in many family law or personal injury cases) or complicated. Trust your gut. Considering the above tips, you are in the best position to know whether the attorney you’re consulting with is the right fit for you.

Many reputable law firms offer free initial consultations for potential clients. These consultations are both to make sure you have a strong case and also to allow you to get a feel for the attorney. Take advantage of this service to ask questions and assess your comfort level.

Experienced Attorneys in Portland

Finding the right attorney might take some time. Don’t be afraid to interview multiple candidates before making a final decision. Ultimately, it’s worth the effort to make sure you have the right team on your side. If you are looking for experienced, professional, caring attorneys in Portland and the Pacific Northwest, contact the team at Warren Allen LLP. We would love to discuss your case with you.

Alimony, Child Support, and More: Family Law Terms Explained

As the name suggests, family law deals with familial relationships and related legal issues that may arise, such as annulment and divorce, child custody, adoption, guardianship, paternity, and more. Because these issues involve family members, there is often a lot of emotion involved, and cases can be complicated and sensitive. 

Seeking out an attorney familiar with the area of family law can be helpful as you navigate the family court system. Many law firms have attorneys who specialize in family law who can provide sound advice and legal representation when you need it. 

If you are looking for a family law attorney in Portland, OR, for instance, the law firm of Warren Allen LLP has experienced attorneys who have handled many cases involving prenuptial agreements, separations, divorces, establishing paternity, settling child custody issues, and other related issues. 

To better understand the issues covered by family law, the following guide provides brief definitions and descriptions of some of the most common family law terms.

Legal Issues Related to Marriage

At its best, marriage is a lifetime partnership between two people who love and support each other. It is also a legal contract with shared rights and responsibilities. Below are some legal issues relating to marriage or the dissolution of one:

Prenuptial Agreement

Sometimes referred to as a “prenup,” a prenuptial agreement is a legally binding contract that a couple agrees to before marriage. Prenuptial agreements usually outline the couple’s wishes for the distribution of assets, debts, and alimony or spousal support should the marriage end in divorce, separation, or the death of one of the spouses.

Annulment

Although most people think about divorce (see below) as the only way to legally end a marriage, under certain circumstances, a court may grant an annulment. An annulment is a legal declaration that a marriage contract is void, meaning the marriage never existed legally. Grounds for an annulment are situations that would challenge the validity of the marriage (e.g., fraud, bigamy, lack of mental capacity, legal age issues, undue influence, impotence, and more.).

Separation

Some married couples choose to live apart but remain legally married for financial, religious, or other reasons. This type of arrangement is known as legal separation. While separation sometimes ends in divorce, that is not always the case. In most cases, couples sign a separation agreement that formally outlines the rights and responsibilities of each spouse, especially if there are child custody (see below) or visitation issues.

Domestic Violence

Unfortunately, some family relationships involve abuse or violence within a domestic setting. Domestic violence is not limited to physical abuse but also encompasses emotional and psychological abuse. Partners who are dating, spouses, children, and elders can all experience domestic violence and might require legal intervention such as getting a protective order or pursuing criminal charges.

Divorce 

When a couple chooses to terminate their marriage contract legally, it is known as divorce. Divorce legally dissolves the marital relationship, and the involved parties must agree on several issues, such as the division of assets and debts, spousal support, child support, and child custody. 

Mediation

Although many divorces are amicable, if a couple has difficulty reaching a mutually acceptable agreement, involving a neutral third party known as a mediator can be helpful. The mediator can facilitate communication and can negotiate solutions to resolve disputes. Mediation can be especially beneficial in contentious or complicated divorces.

Alimony or Spousal Support

When one spouse earns less than the other, the higher-earning spouse may be required to provide financial support to the lower-earning spouse to help them maintain their standard of living after a divorce. This financial assistance, known as alimony or spousal support, may be permanent or just until the lower-earning spouse can support themselves financially.

Legal Issues Related to Children

When children are involved in family law cases, the child’s best interests should always be considered. The following legal issues might arise in cases of separation or divorce (see above) for spouses who share children:

Child Custody

In the eyes of the law, child custody refers to the rights and responsibilities of each parent to care for their child. Physical custody refers to which parent the child lives with, and courts grant either joint or sole physical custody. If one parent has sole physical custody, the other parent usually has visitation rights. Legal custody refers to which parent has the right to make important decisions about the child’s healthcare, education, religious upbringing, and more. Joint legal custody requires both parents to be involved in the decision-making.

Child Support 

As with spousal support (see above), child support is the legal obligation of one party to contribute financially to the needs of another. In this case, one parent makes court-ordered payments to cover costs related to basic needs like housing, food, education, healthcare, clothes, school supplies, etc.

Guardianship

Sometimes, a court may grant legal authority to someone to care for another person (often a minor) who cannot care for themselves. Known as a guardian, the individual then bears the legal responsibility to make decisions on that person’s behalf and provide them with care.

Guardianship is sometimes necessary to help aging parents or adults with intellectual or developmental disabilities. When it comes to children specifically, guardianship of a minor might be granted to someone if the minor’s parents have abandoned them or died or when the minor’s parents are not capable of providing adequate care. 

Family Law Attorneys in Portland

The descriptions above provide a general overview of common family law terms. Laws can vary by state and jurisdiction, so getting legal advice from a local attorney well-versed in your area’s family court system is essential. If you’re looking for a family law attorney in Portland, OR, or the surrounding areas of the Pacific Northwest, Warren Allen LLP offers top-quality legal services to clients in Portland, Southwest Washington, and all across Oregon and Washington. Contact us today to discuss your case.

Navigating Legalities of Child Custody in Family Law

Protecting the mental, physical, and emotional well-being of a child is the most important part of establishing child custody. For Pacific Northwest family law, several complex factors can contribute to the custody decision. Our experienced attorneys at Warren Allen can help navigate the legal requirements for a child custody agreement. 

Below is a helpful guide on the types of child custody arrangements, the factors that affect custody decisions, and how an attorney can help you determine the right action plan.

Types of Child Custody

There are two types of custody arrangements established in Oregon law. The first is called joint custody, which can be a confusing term. Joint custody simply means that both parents share equal responsibility for the decisions made for a child, even when the child lives primarily with one parent. 

Joint custody might look like a child lives with one parent during the school year and the other during summer. It might also mean that a child lives with a parent one week and the other during the opposite week. Some agreements might have the child with one parent during the week, and the other on weekends and holidays. For the courts to grant a joint custody arrangement, both parties need to agree on the arrangement’s terms. 

The second is called sole custody. This means that one parent will be the designated primary parent and make all the decisions regarding the care of the child. Sole custody can happen when parents don’t agree to a joint custody plan or the court determines it is better for a child to remain with one parent. 

Both parents will almost always have the right to access the child’s school, medical, dental, police, and counseling records and authorize emergency medical care if necessary. However, certain factors affect the court’s decision on what type of child custody is awarded and if there are any restrictions on the parents.

Factors that Affect Child Custody 

The primary factor that affects most child custody scenarios is the parents themselves. If parents are already agreeable to an arrangement, this eases the process immensely. If that is not an option, the court will consider several factors to develop a custody agreement. 

The judge will use the information presented to determine what is in the best interest of the child. They will consider things like who the primary caregiver has been. If the child needs physical and mental accommodations, that is another consideration. The court will also consider the child’s preference of which parent they want to live with. The strength of family relationships with other family members is also another consideration. 

The fitness of each parent and their ability to offer a safe and stable home is considered. Whether or not each parent has taken an interest in the child or children, their attitude towards the child and maintaining a relationship is another factor. Whether each parent is encouraging and facilitating a close relationship with the other parent can affect the outcome of a custody agreement.

The court will also consider if there has been abuse by the parent to either the child or the other parent. The court also considers any evidence of a history of substance abuse, crime, or violence. The court will also look at a parent’s lifestyle, marital status, income, or social environment and consider if adequate child care is in place when the parent is at work. 

If any of these is determined to be harmful to the child, they can be factors in determining custody. The court may order supervised visits and potentially give sole custody to one of the parents if it feels it’s in the child’s best interest. 

How An Attorney Can Find the Right Plan

It’s essential to have a Pacific Northwest family law attorney to help you navigate the legal complexities the court requires while coming up with a plan that works for you and your child. Even if both parties agree, it’s important to have an experienced attorney look for potential issues that may come up. When the parties don’t agree, you’ll need an attorney to ensure your rights and your child’s rights aren’t violated. 

The courts require a parenting plan to be a part of the process for determining child custody. The parenting plan helps parents determine the physical, mental, and emotional needs of the child or children. It will also outline the time each parent will spend with their child, known as “parenting time.” 

Parenting time is also used to determine any child support. The plan outlines who makes decisions, the weekly schedule, vacation and holiday schedules, how parents will exchange their children from one home to the other, and will clearly delineate other decisions and obligations both parents agree to. 

Having an attorney oversee this process can help ensure you’re not missing vital information the court will require or mistakingly agreeing to something you didn’t have to agree to. 

Unfortunately, there are too many instances where this situation is tense and strenuous. Having an attorney will help you know your rights, file for temporary parenting plans if necessary, and help ensure that you are not breaking any laws. If the situation is unsafe for you or your child, knowing what protections are available to you and how to access them is important. A good family law attorney is there to help you gather the information that the court will need, navigate these difficult situations, and develop the right action plan. Navigating a child custody agreement can be one of the most challenging and emotional times for parents and children. Our experienced family law attorneys at Warren Allen are here to help and guide you with our extensive knowledge and solid experience. Schedule a consultation with us today to help you navigate the best outcome for you and your child.