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What Is a Prenuptial Agreement?

What Is a Prenuptial Agreement?

Written by George McCoy on . Posted in Family Law. No Comments on 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

How to Navigate Divorce Proceedings in Oregon: Steps and Considerations

Written by George McCoy on . Posted in Family Law. No Comments on 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?

How Is Child Custody Determined in an Oregon Divorce?

Written by George McCoy on . Posted in Family Law. No Comments on 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?

What Factors Should I Consider When Hiring Attorneys in Portland?

Written by George McCoy on . Posted in Estate Planning, Family Law, Personal Injury. No Comments on 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

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

Written by George McCoy on . Posted in Family Law. No Comments on 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

Navigating Legalities of Child Custody in Family Law

Written by George McCoy on . Posted in Family Law. No Comments on 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.

Property Division Under Oregon Divorce Laws: What to Expect

Property Division Under Oregon Divorce Laws: What to Expect

Written by George McCoy on . Posted in Family Law. No Comments on Property Division Under Oregon Divorce Laws: What to Expect

Going through a separation and divorce is one of the most stressful experiences a person can have. Financial security, distribution of assets, and even alimony and child support considerations can be huge stressors, along with the emotional toll that divorce causes. There are many aspects to Oregon divorce laws, and reliable, knowledgeable, and skilled divorce attorneys are necessary to help navigate them.

Our experts here at Warren Allen LLP field many questions about property division and how it works. While there is no way to determine what judicial order might encompass, there are ways to gather and provide as much information as possible to help your divorce be less stressful. Here is a short guide on property division under Oregon divorce laws and what to expect:

Equitable Distribution

Oregon is considered an equitable distribution state. Equitable distribution means the court will consider several factors in dividing up marital assets and what they believe to be marital assets to divide them up equitably. In some ways, this is an attempt to have a fairer distribution versus community property, where everything is divided 50/50.

The types of property that the court considers are real property and personal property. Real property is any land, buildings, homes, and condominiums. Mobile homes on rented land are not regarded as real property.

Personal property can include cars, jewelry, furniture, pension plans, retirement accounts, bank accounts, investment accounts, airline miles, cash on hand, and businesses. Any art collections, valuable collections, even life insurance policies, expected inheritances, and annuities are to be documented in what is submitted to the court.

Types of Documentation Needed

This is where part of the nuances of equitable distribution comes into play. While it may seem like Oregon divorce laws are attempting to be more fair in the distribution, proper documentation and evaluation are needed in order to do that. Providing the correct documentation of assets and liabilities is critical.

Real property requires an appraisal. Any businesses will also need an appraisal. Some personal property like vehicles, jewels, art, and collections will also need some form of assessment. Also crucial for documentation is the dates when either party in the marriage acquired these items. In some instances, assets and liabilities may not be subject to splitting under equitable distribution.

All mortgages, loans, credit cards, pending college tuition payments, student loan debts, and even pending lawsuits should be documented in what is given to the court. Even outstanding debt on businesses, tax debt, and future tax debt need to be considered.

While the court does not require documentation other than what they request, if there is a dispute on any of the value of any items, it’s better to have documentation available to support it. Consider gathering deeds, titles, bank and credit card statements, and other relevant information. If there were a prenuptial agreement, a copy would most assuredly be relevant in this case.

Filings to Submit to the Court

The court requires a submission of all of the assets, real and personal properties in the Statement of Assets and Liabilities form. This is where things get very specific, and distinctions are to be made. The courts want respondents to file this jointly and come to a decision on how and what is divided, but sometimes, that is not possible. If that is the case, each party needs to file this statement.

Regarding retirement accounts, the courts require filing a Qualified Domestic Relations Order (QDRO). This is a complex document with the specific language needed by the financial and pension institutions in order to distribute. Incorrectly filing this out will be costly regarding time and money and is critical to the next step in the divorce process. The QDRO will instruct the retirement account holders on how these accounts will be split up and enable them to create two separate accounts based on that information.

Considerations Under Equitable Distribution

Most people don’t realize that these filings are to be agreed upon before submitting, if possible. Distributions must not be equal to be considered fair and equitable. This is where documentation and evaluation come into play.

Consider assets acquired before the marriage, like a house. Factors like how long the marriage lasted, how much the other spouse contributed to maintaining or renovating, and if they contributed towards the mortgage all become relevant to the distribution of this asset. If the house increases in value during the marriage, it can also affect how this asset is considered under distribution.

The same goes for debt. If a spouse had secretly run up credit cards for a gambling addiction and the other spouse was unaware, this might be considered differently. Still, if a spouse gets into debt after the separation, that might also be factored in. If there is business debt and even future expenses like tuition are all factors that weigh into equitable distribution.

There are a lot of factors that the courts consider when doing property division, and it can be complex. The court will look at many factors, including the age and health of the spouses, how much financial contributions each spouse made, and the earning power of each spouse. Child support, alimony, and current lifestyle are all considerations. The court considers non-financial contributions to the marriage, like a spouse made into the marriage for the other spouse to be successful in their career.

Property and asset division will usually come up in any divorce. While parties are expected to come up with an agreement, sometimes that isn’t possible without professional help. You can find expert advice from our team at the Warren Allen LLP website. Our experience has helped Portland area residents for decades, and you can count on our excellence in helping you navigate this difficult time in your life.

What Does Pacific Northwest Family Law Include?

What Does Pacific Northwest Family Law Include?

Written by George McCoy on . Posted in Family Law. No Comments on What Does Pacific Northwest Family Law Include?

Family law encompasses a complex web of legal issues that can arise within familial relationships. It is a crucial branch of law that provides a framework for resolving conflicts and establishing rights and responsibilities among family members.

In the Pacific Northwest, which includes states like Washington, Oregon, Idaho, and Alaska, family law addresses various matters affecting individuals and families. This article delves into the realm of Pacific Northwest family law, highlighting the key legal services that fall under its purview.

Pacific Northwest Family Law

Family law in the Pacific Northwest is a multifaceted area of legal practice that revolves around domestic relationships, marriage, divorce, child custody, adoption, and more. Its primary focus is safeguarding individuals’ well-being and rights within the context of family dynamics.

Marriage and Divorce

One of the cornerstone aspects of family law involves marriage and divorce. Attorneys specializing in Pacific Northwest family law assist couples in navigating the legal intricacies of marriage, including prenuptial agreements, property division, and spousal support. When marriages break down, family law attorneys guide individuals through the divorce process, helping them reach equitable settlements while addressing matters such as child custody, visitation, and child support. These cases involve the dissolution of a marital union, dividing assets and liabilities, establishing child custody arrangements, and determining alimony or spousal support.

In the Pacific Northwest, divorces are subject to specific state laws that outline the procedures and requirements for ending a marriage. Attorneys specializing in family law in this region help clients navigate the often emotional and intricate divorce process while ensuring their rights and interests are protected.

Child Custody and Visitation

Child custody disputes can be emotionally charged and legally complex, forming a significant portion of Pacific Northwest family law cases. Whether arising from divorce, separation, or disputes between unmarried parents, these cases center on determining the child’s best interests. Family law attorneys work tirelessly to secure custody arrangements that promote the child’s welfare, advocating for joint or sole custody based on the circumstances.

They also aid in establishing child support orders to ensure financial stability for the child’s upbringing. Visitation arrangements, or parenting plans, are essential components of child custody cases. These arrangements outline when and how non-custodial parents can spend time with their children. Family law professionals work closely with clients to develop custody and visitation arrangements that prioritize the child’s best interests while considering the family’s unique circumstances.

Child and Spousal Support

Child support and spousal support (often referred to as alimony) are financial obligations that may arise after a divorce or separation. Pacific Northwest family law establishes guidelines for calculating these payments, ensuring that they are fair and in line with the financial needs of the recipients and the means of the payers. These calculations take into account factors such as income, employment status, and the needs of the dependents.

Attorneys specializing in family law will assist clients in negotiating and enforcing support orders, guaranteeing that financial responsibilities are met.

Adoption and Guardianship

Adoption and guardianship proceedings are another significant facet of Pacific Northwest family law. Prospective parents looking to adopt must navigate a legal process that varies depending on the adoption type, whether agency-based, private, international, or step-parent adoption. Family law attorneys help clients understand the requirements, rights, and responsibilities of adopting a child, ensuring the process is completed smoothly and ethically.

Guardianship cases involve individuals who take legal responsibility for minors who are not their biological children. These cases often arise when parents are unable to care for their children due to various reasons, and family law professionals aid in establishing legal guardianship arrangements that protect the child’s well-being.

Domestic Violence and Restraining Orders

Protection against domestic violence is a critical aspect of Pacific Northwest family law. Attorneys specializing in this area work with victims to safeguard their physical and emotional well-being. Victims of domestic violence can seek protection through restraining orders or protection orders that legally prevent their abusers from contacting or approaching them.

These orders can include provisions related to child custody and visitation and can provide essential relief and a sense of security for individuals facing abusive situations. Family law attorneys assist victims in obtaining the necessary legal protection and help them navigate the legal system to ensure their safety.

Property Division and Alimony

In cases of divorce or separation, the division of marital property and the determination of alimony (spousal support) are integral components of Pacific Northwest family law. Attorneys guide their clients through the equitable distribution of assets, ensuring that both parties’ financial rights are upheld.

Mediation and Alternative Dispute Resolution

Mediation and alternative dispute resolution (ADR) methods play a vital role in Pacific Northwest family law cases. These processes offer an opportunity for parties to negotiate and settle disputes outside of court, reducing stress, time, and costs. Family law attorneys skilled in mediation facilitate productive conversations between parties, aiming to reach mutually agreeable resolutions in matters such as child custody, support, and property division.

Paternity and Parentage

Establishing paternity or parentage is another essential aspect of Pacific Northwest family law. Attorneys assist clients in cases where the biological parentage of a child is in question, helping determine parental rights and responsibilities, including child custody and support obligations.

Pacific Northwest family law encompasses a wide array of legal services aimed at preserving the welfare and rights of individuals within familial relationships. Whether dealing with marriage, divorce, child custody, adoption, domestic violence, property division, or other matters, family law attorneys in the region play a crucial role in guiding their clients through complex legal processes. With an emphasis on mediation, alternative dispute resolution, and the child’s best interests, Warren Allen LLP offers Pacific Northwest family law that strives to create a framework that ensures fairness and stability for families during times of harmony and discord.

How Do I Get Compensation for a Dog Bite

How Do I Get Compensation for a Dog Bite

Written by George McCoy on . Posted in Family Law, Personal Injury. No Comments on How Do I Get Compensation for a Dog Bite

You may be entitled to compensation if you or a loved one has sustained injuries from a dog bite. Though an animal attack can be a traumatic experience, having people supporting you through the process can ease unnecessary stress. Working with an experienced dog bite lawyer means they can take the lead so you can focus on healing.

It also ensures you follow all the necessary steps in a timely manner, so you don’t lose out on the compensation you may be owed. Read on to learn what these steps are so you can get your medical bills covered, along with other losses:

Seek Medical Treatment

After a dog attack, there are two critical steps to take: seek medical treatment and representation. With every emergency, make sure to put your health and safety first. Once you are safely removed from the threat, have your injuries assessed by a healthcare professional. Don’t delay visiting urgent care or the emergency room or calling 911 if necessary.

Left untreated, dog bites can lead to severe or even fatal infections. It’s crucial you seek medical attention so a professional can determine the severity of the bite, as well as treat symptoms while preventing infection.

Other serious symptoms may include uncontrollable bleeding, swelling, oozing from the wound, fever, pain, and possible nerve or bone damage from a deep wound. Aside from infection and nerve or bone damage, you may be at risk of tetanus, rabies, or sepsis. Make sure you get proper care for the dog bite immediately to avoid further harm.

Document Everything

In order to seek restitution, make sure to document all details and keep copies of any relevant paperwork. Record the particulars of what happened, when, and where it happened. Include as many details as you can remember. This will help your case in proving the dog owner was liable for your injuries. Not all states have the same laws in regard to dog bites, so it’s important to document everything to help determine liability.

Keep records of all losses directly related to the dog attack. These losses can include economic losses, non-economic losses, and punitive damages. If you also suffered any property damage, medical bills, or lost wages, record these details and gather documents as evidence.

Remember, not all losses are economic. You can seek compensation if you have experienced any pain and suffering or emotional distress. Punitive damages may be rewarded if the dog owner is found to exhibit willful or malicious behavior. Keep a journal of your experiences, including photos and written accounts. A comprehensive record will be your ally alongside an experienced attorney.

Collect Evidence

In conjunction with your written account of the events, gather as much evidence corroborating these details. If there were any witnesses to the incident, collect their names and contact information. Take photos and videos from the scene of the attack. Include photos or videos of the dog as well as the location of the attack. Document your injury and any torn clothing. If there is any physical evidence at the scene, such as torn clothing or blood, take photos and keep the clothing.

Are there prior animal control reports or videos displaying aggression from the dog? Is there testimony that the dog was roaming loose? Is the fence broken, showing the dog could have escaped? Record all pertinent details.

In addition to evidence from the scene, keep copies of all medical bills and records as well as bank account statements and pay stubs for any lost wages. These documents will aid you in your case when determining how much compensation you may be entitled to.

Notify Authorities

It will help your claim, as well as help prevent future attacks if you notify Animal Control. Reporting the attack will also create an official report that can be used as evidence in your case. A simple internet search will lead you to the correct division and number for Animal Control. Or, if you are unsure, call the police.

Partner With an Attorney

As mentioned earlier, another critical step in getting help after a dog bite is hiring an attorney. The right dog bite lawyer will be well-versed in dog bite laws for your state and experienced in personal injury cases similar to yours. Their knowledge and skill will be your strongest ally when seeking fair compensation. They will know the actual value of your claim and represent your interests so you don’t settle for less than what your claim is worth. They will negotiate accordingly and help you avoid quick settlements or insurance companies trying to minimize how much you receive.

A skilled attorney will guide you through the entire process, making sure you know what to file and when so you don’t miss deadlines or necessary paperwork. They can also talk to the adjuster on your behalf and help you with your statement. An attorney will give you peace of mind as they expertly navigate your claim and help you compile a comprehensive case. They are also knowledgeable in local dog bite laws, which factor into the value of your claim. Does your state have a one-bite rule? What are their laws for contributory or comparative negligence? Did the dog bite your child, and is the owner trying to blame them for trespassing or aggravation? These laws can be complex and intimidating. Let your dog bite lawyer take the lead with expert knowledge and solid legal advice.

The Bottom Line

Shop around for an experienced personal injury lawyer familiar with local dog bite laws. Keep written records and supporting evidence of the injury, treatment, and any relevant loss.

When you are ready to file a claim, contact the expert team at Warren Allen LLP. Our firm is ready to advise and represent you so you can receive fair compensation and the best resolution possible. Contact us today, and we’ll help you go through your options.

What to Bring the First Time You Meet With Your Portland Divorce Attorney

What to Bring the First Time You Meet With Your Portland Divorce Attorney

Written by George McCoy on . Posted in Family Law. No Comments on What to Bring the First Time You Meet With Your Portland Divorce Attorney

If you’re considering getting a divorce, one of the first steps you should take is to meet with a Portland divorce attorney. This legal process can get messy, so it’s better to be safe than sorry. These attorneys, who practice family law, will provide an expert hand to guide you along this challenging path.

Read on below for a breakdown of the essential documents you should bring to your first meeting with a Portland divorce attorney:

Tax Returns

Your tax documents are beneficial in proving your income and financial situation, as well as your spouse’s. Be sure to bring at least the previous year’s tax returns, but bring two years of tax returns if possible.

Showing these documents will give your attorney a good idea of your finances. These documents will come into play if you and your spouse need to figure out payments like alimony and child support. And don’t forget to include W2s or 1099s.

Proof of Income

In addition to tax returns, bring other documents that showcase your income and your spouse’s. It will be helpful to your attorney to have the last three pay stubs for you and your spouse. Tax returns are crucial for demonstrating your income and finances, but pay stubs provide a more thorough breakdown, such as hours worked, rate of pay, and any bonuses or overtime.

Bank Accounts

Protecting your finances is one of the reasons you should meet with an attorney before officially filing for divorce. In many cases, it is also why you should consult with legal services before breaking the news to your spouse.

If you have assets you want to protect and are worried your spouse will try to hide them and any accounts; it’ll help to provide your attorney with the documented proof before taking any action.

Debts

You’ll need to bring documentation on all debts, including credit card debts and different kinds of loans, from car to student loans. Again, giving your attorney a complete picture of your financial situation as soon as possible is imperative. An experienced divorce attorney will also help you determine which debts are shared and which are solely yours or your spouse’s.

Types of Agreements

Not everyone has a prenuptial agreement, but if you signed one before getting married, it will surely come into play as you divorce. Show the contract and documents to an attorney, so they can determine what is and is not enforceable.

It’s a brilliant idea to consult an attorney before asking your spouse for a divorce. If you’ve been separated for some time or separation was already in the works, let your attorney know. If you have a separation agreement, bring those documents to your meeting. If you don’t have one, your attorney can help draft this agreement.

Mortgages or Deeds

Property division will usually come up in divorces. If you own property, bring the documents with information about any mortgages, deeds, titles, etc. Include any statements of monthly payments.

Investments and Retirement Accounts

Letting your attorney know about these accounts ahead of time helps to best divide them. If not divided properly, you may be subject to tax penalties. This can include IRAs, 401ks, or 403bs.

Medical Records

Do you or your spouse have any medical conditions that may influence a divorce case’s outcome? Are there medical conditions, mental health concerns, or debilitating illnesses that would affect one’s ability to parent? If so, bring along documents showcasing this in addition to the financial records. You will want to give a complete picture of your marriage and any details that could come into play and impact a settlement.

Significant Messages and Exchanges

If any records of specific interactions may help your case, including emails, text messages, and social media interactions, be sure to bring them. Bring along documentation of these if there’s any information enclosed that you think would be important.

While these are sometimes included because of inflammatory statements, they are also helpful in providing a snapshot of how you and your spouse communicate. Also, be upfront about any text message conversation or other interaction where you came off poorly. Trying to hide those won’t do you any favors. If you provide the information to your attorney ahead of time, they can help you figure out how to handle it. If not, you could be caught off-guard when your spouse brings this up.

Criminal Records

A criminal record is a very serious factor that your attorney should be aware of as soon as possible. Criminal records are important if your spouse has been abusive, if you ever had to file a restraining order against them, or if your spouse has been arrested or charged for something else.

A criminal record is one factor that can be incredibly important for determining child custody.

Additional Documentation

If you have any calendars or journals that have important information on them, bring those in as well. They may not be official documents, but they can provide proof to back up your side.

Any Important Inquires

Another important thing to remember is to use this meeting to ask any questions. Remember, these meetings are protected by the attorney-client privilege. Divorce is a personal process, but don’t hesitate to ask any questions you may have.

It is probably wise to look through a series of frequently asked questions before the meeting, so that you’ve covered the basics. Divorce attorneys are experts in this field, but more than likely, you haven’t had to go through this legal process before. So, it’s understandable that you won’t know everything by your first meeting. Don’t hesitate to continue asking questions to your attorney after this first meeting as well.

You can find more information on our Portland divorce attorneys by visiting our firm’s website at Warren Allen LLP. We’ve provided excellent legal services to the area for decades, and our experience and expertise will help your case find the most favorable outcome possible.