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Category: Family Law

Are Family Law Attorneys Just for Divorces?

Are Family Law Attorneys Just for Divorces?

Written by George McCoy on . Posted in Family Law. No Comments on Are Family Law Attorneys Just for Divorces?

When you’re looking to hire an attorney in Portland, it’s important to know what the different fields of law cover. If you’ve never needed a family law attorney before, you may be thinking that family law lawyers only handle divorces. While divorces are a large segment of this field of law, it’s far from the only thing they help clients with.

Why Might I Need a Family Law Attorney in Portland?

When it comes to major life changes, it helps to consult with an expert. For major shifts such as getting divorced, separating, or requesting a change in custody of a child, a family law attorney would be the expert to consult with.

The family law field covers legal disputes between two parties, usually family members, spouses, former spouses, domestic partners, or parents and children. Family law attorneys will help you navigate and resolve the issues involving that kind of relationship. They also understand the sensitivities involved because of personal matters.

Another thing to keep in mind is that laws, rules, required actions, and regulations vary for each state. Thankfully, experienced attorneys are experts in the guidelines of the states where they practice.

Aside from divorce, Portland family law attorney services include legal advice, support, and representation on nonmarital cohabitation, conservatorships, and family law-related appeals. Read on to find some more examples:

Prenuptial Agreements

As the name implies, this is a legal service conducted before a marriage is made legal. It often includes things like how property will be divided in case of a divorce. Family law attorneys can also help with postnuptial agreements.

Child Custody and Visitation Rights

Whether or not you were ever married, custody and visitation are an important part of a separation if you share children. This area entails creating guidelines for co-parenting, such as figuring out parenting plans and time schedules.

There are different kinds of custody:

  • Physical, or the amount of time spent with each parent.
  • Legal means the parents have a say in matters such as schooling, healthcare, and general lifestyle.
  • Sole custody means only one parent has primary physical and legal custody of the child, although the other parent may be allowed visitation.
  • Joint custody means it is split between both parents. This is not necessarily a 50/50 split. Decisions like the exact amount of time spent residing with a parent will vary depending on several factors.

Some parents can agree to an arrangement that satisfies them both, but some custody and visitation discussions can be very contentious. This is one of the very sensitive and emotional issues that family law attorneys are equipped to handle. If the parents cannot come to an agreement, the court will decide based on the children’s best interests.

Child Support

Attorneys can help come up with a child support agreement based on custody, income, and client’s wishes. Each state has its own child support guidelines, which a family law attorney will be familiar with. Attorneys are also used if a parent is not supplying the child support they were ordered to by the court.

Establishing Paternity

Establishing paternity can be an important aspect of deciding child custody and support. It’s another delicate and emotional legal matter where family law attorneys will provide immeasurable help.

Alimony and Spousal Support

Alimony or spousal support is a financial arrangement post-divorce. Typically, if one party makes significantly more than the other, they will pay a certain amount per month to their former spouse. It enables the spouse to continue living a similar lifestyle.

This is an agreement that can be temporary or permanent. The exact parameters of alimony will depend on the individuals and the state where they reside. For instance, certain jurisdictions have time limits.

Family law attorneys also handle palimony, which is a similar financial arrangement, only between two separated parties who were not legally married.

Marital Property

Division of property and/or assets may already be laid out in a prenuptial agreement, or the former spouses could come up with an arrangement that satisfies them both amid the divorce. In that case, it’s still wise to have an attorney to consult, as they’ll make sure everything is up to snuff.

There’s also a possibility that the division of property will be contentious. In some cases, this can be worked out and resolved with each party and their attorney. But if that still doesn’t settle things, the decision may be turned over to a judge and a court.

Some determining factors include income, length of marriage, the amount of property, and the spouses’ respective ages. The division of property can also vary by state. In some areas, a court will most likely determine that marital or community property should be divided up 50/50.

Legal Separation

Some choose a legal separation over a divorce. Since it is also a legal arrangement, it helps to have an attorney in your corner.

Adoption and Foster Care

Family law attorneys can act in facilitating a private adoption. Adoption can include a stepparent legally adopting their stepchild, and may require one or both biological parents to abdicate their status as parents.

Guardianship

Guardianship refers to being legally able to make decisions on behalf of another individual. It is often used for children and can be a step toward adoption. It can also be used when an adult is unable to take care of themselves. When guardianship is granted, the adult or child is then referred to as a protected person.

Emancipation

In family law, emancipation refers to a minor requesting to be released from the custody and control of a parent or guardian. Once granted, the minor will typically be enabled to make legal decisions for themselves instead.

Domestic Abuse

Family law attorneys take these accusations very seriously and will help with obtaining orders of protection.

For the best family law attorneys in Portland, look no further than our team at Warren Allen LLP. We have provided top-of-the-line legal services to the Pacific Northwest area for over fifty years now. For more information on our Portland family law attorneys, visit our website.

5 Tips for Hiring Personal Injury Lawyers in Portland Oregon

5 Tips for Hiring Personal Injury Lawyers in Portland Oregon

Written by George McCoy on . Posted in Family Law, Personal Injury. No Comments on 5 Tips for Hiring Personal Injury Lawyers in Portland Oregon

Having to deal with a personal injury is stressful at the very least. If you have a personal injury case, such as a slip and fall accident, medical malpractice, or a car accident, you’ll have much better peace of mind hiring a professional to handle it for you.

You might balk at hiring a personal injury lawyer if your car was totaled but you appeared to have suffered no injuries, and you might think that the insurance company will help you through the claims process. However, liability might be unclear in the accident or incident, in which case the task falls to you to prove your innocence. You’ll need to have evidence to support your claim, and you may have no idea how to do this.

A personal injury lawyer will handle that evidence, but also handle a myriad of other tasks, such as negotiating with the insurance company to perhaps get you a bigger compensation package and handling your court case if it goes to trial.

So hiring an attorney to handle your case is the most beneficial path to take. There are a lot of personal lawyers in Portland, Oregon, so how do you decide who to go with?

Here are five tips to keep in mind when hiring a personal injury lawyer:

1. Experience

The first thing you want to know about any lawyer you’re hiring is what kind of experience they have. Many lawyers will handle many different kinds of personal injury cases, but none of them will have handled every single kind. The umbrella of personal injury can be very wide. For example, medical malpractice cases can subdivide into traumatic brain injuries, misdiagnosis, and surgical errors. Make sure to ask whether they’ve handled cases like yours before, how many, and whether they won those cases.

When asking about experience in personal injury cases, also ask what kind of experience they have in a courtroom setting. Most civil cases don’t go to trial, so if your case is one that does, you want to be sure you have someone who knows their way around a courtroom.

2. Expectations

When asking about the procedure for personal injury cases, make sure you understand what is expected of you as well. Your lawyer may not want you to speak with other witnesses, and if you do, you could end up jeopardizing the work your lawyer and their team will be doing on your behalf. If your lawyer gives you homework, such as filling out forms, taking pictures, or otherwise documenting your injury, make sure you do it!

Some questions you can ask your lawyer include: what do you need from me in order to be sure my case is as strong as possible? Is there anything I should do or avoid in order to win my claim?

Asking about how long the process should take will also help manage your expectations. It’s probably known that your personal injury case won’t be solved overnight. In fact, the average personal injury claim can take from six months to two years. There are many variables that factor into the timeline, including how long your treatment takes.

3. Money

Be certain of any fees your lawyer is going to charge you and what you can expect as far as the outcome. You may not receive a precise answer here. Lawyers may hesitate to give you a specific number because they may not want to create unrealistic expectations. Even if they won’t know the outcome at the start of the process, they should still be able to tell you whether you have a chance of winning your case and maybe a rough prediction of your compensation.

When you’re interviewing lawyers, keep track of their answers to this question and see if they’re all in the same general ballpark. If one of them promises you a significantly higher amount, take it with a grain of salt, unless they have a particularly persuasive piece of evidence that pertains to your case.

4. Team Effort

Oftentimes, you may meet with one lawyer, but they may have a team they work with to handle their personal injury claims. This might include a junior partner, another attorney, or a paralegal (or some combination of these three). While you may prefer having one lawyer handle all aspects of your case, a setup like this is fairly common.

The other team members will help gather the basic information and then your lawyer will handle the parts that require their specialist training. The team will let you know who your point of contact will be if you have any other questions or if you need to turn in paperwork. Make sure you understand who is going to handle the settlement, compensation negotiations, or the court case, so you know who to ask which questions.

One other question you can ask here is how often you can expect updates, and how you will receive those updates (whether it’s an email, a phone call, or an in-person meeting).

5. Priorities

No matter where you live, the legal system is definitely overburdened, so you can expect any lawyer to handle more than one case at a time. You might worry that if your lawyer is handling more than one case, your case won’t get the attention to detail it deserves. There is something of a deadline for you – once you’ve suffered the accident, you have two years to file the suit.

As mentioned above, a personal injury lawyer will probably tell you that it’s best to take some time to heal or recover from the event. This is partially so that you know how much compensation to ask for when settling with the insurance company. So since you have a deadline, make sure to get someone who has the ability to work on more than one case at a time. Ask how many cases the lawyer is handling at a time, and ask how big their team is if that number is larger than you expected.

Finding representation with a personal injury lawyer shouldn’t be a convoluted process! The team at Warren Allen will help you find compensation for your personal injury with grace and the highest degree of professionalism. Contact us today.

5 Tips for Determining Custody and Parent Time

5 Tips for Determining Custody and Parent Time

Written by George McCoy on . Posted in Family Law. No Comments on 5 Tips for Determining Custody and Parent Time

When determining custody and parent time, it’s important to consider the best interest of the child. Above all, the well-being of a child is the priority and will be considered when reaching custody agreements and visitation rights. It is meant to protect the mental, physical, and emotional well-being of a child, placing them in the care of a parent or guardian who can provide the best possible environment and upbringing.

Not only should their best interests be your top priority, but it is also a standard used by judges if a custody agreement cannot be reached. A Pacific Northwest family lawyer can help you look at the actions typically considered most beneficial to a child. Read on to learn how to determine custody arrangement and scheduling for parent time, and how it benefits each child so they can receive the best possible upbringing.

1. Develop a Parenting Plan Proposal

“Parenting time” is simply a written agreement on how much time each parent spends with the child, as well as how decisions are to be made for their welfare and education. It is also referred to as a “custody and visitation agreement” or a “time-share” plan. When determining parenting time, it’s important to honestly assess if each parent is fit to provide for the child’s welfare. If so, then a fair schedule accommodating both parents is preferred. The exception is if one parent is unfit and there is good cause to deny visitation. Otherwise, judges look more favorably on parenting time that does not deny visitation or make it difficult for the other parent.

If you can negotiate with the other parent, you can create a proposal that has a balanced and fair plan for time with each parent. Take care to create a plan that is not drastically different from their current schedule, making the transition easier. Remember, as a child ages, the plan will have to change to accommodate their changing needs. If a child is hesitant in spending time with one parent, create a schedule that eases them into spending more time with them.

Include basics such as healthy diet, medical care, proper rest, provisions for holidays, as well as who is in charge of transporting them to activities. It should also include which decisions can be made individually and which need to be made in agreement between both parents. Online resources can help guide you through the process.

2. Track Parenting Time and Related Expenses

Once you have a schedule, keep track of how much time you spend with your child. The court tends to favor the parent who spends the most time with the child. However, if you are proven to be fit and the other parent is blocking your visitation, this documentation can be used as proof of unfair limitations.

Make sure to also keep track of all expenses with receipts of childcare, school supplies, doctor visits, clothing, and other related expenses. This can better illustrate how you contribute to the well-being and care of your child.

3. Create a Safe Space

Creating a stable home for your child is essential to their best interest and well-being. A safe home where your child is comfortable and can thrive helps ensure their physical, mental, and emotional needs are being met. A stable home makes it easier for a child to receive proper rest and creates an environment where they can focus on social and educational development. A safe space also allows your child to speak truthfully about how they are coping with a divorce or separation, without repercussions.

When creating a stable environment, take care to have reliable childcare while at work or during other engagements. This can influence a judge’s decision when determining custody or visitation.

4. Understand the Best Interests of the Child

Each state has a different checklist for figuring the best interest of the child. Contact a Pacific Northwest family law attorney to learn how your state determines the best interests of the child.

Does the judge consider the child’s preference? Does the court disregard socioeconomic background or gender? Can the court task a guardian ad litem to conduct an investigation to figure out the best parenting arrangement?

Though each state varies, some common factors in figuring the best interest of the child include:

  • Parental fitness
  • The parent-child relationship
  • Age of the child
  • Who has been the primary caretaker
  • The mental and physical health needs of the child
  • A parent’s history of crime, violence, substance abuse
  • Any suspected child neglect, abandonment, or abuse
  • Provision of stability for the child

You can also demonstrate you have their best interest in mind by knowing what they like and dislike, as well as their personal interests. Do you know their favorite food, activities, who their friends are, what they struggle with? How well do you know your child can determine custody and visitation rights?

5. Be Willing to Co-Parent

If both parents are fit, then your child benefits most from having both parents in their life. In this scenario, it’s best to co-parent. It will benefit your child and reflect favorably with the judge when determining custody and parenting time.

If the other parent is not fit or they are keeping you from seeing your child, it’s important to document these instances and provide as much supporting evidence as possible. If the other parent is unfit and a danger to your child, you need strong evidence supporting this claim. Do not make false accusations. If you are fit but are being denied visitation, keep a written record detailing the times they denied or limited your visitation.

When it comes to custody and parenting time, it may be in both your and your child’s best interest to partner with a family law attorney, seeking counsel and representation.

Let our attorneys at Warren Allen LLP help you. Our experienced family law lawyers handle each case personally and have extensive knowledge in all legal situations related to domestic relations. Contact us today and learn how we can help your unique needs with solid legal advice and representation.

5 Tips for Finding a Qualified Family Law Attorney in Portland Oregon

5 Tips for Finding a Qualified Family Law Attorney in Portland Oregon

Written by George McCoy on . Posted in Family Law. No Comments on 5 Tips for Finding a Qualified Family Law Attorney in Portland Oregon

If you’re getting married, going through a divorce, or in the midst of a custody battle, you know how important it is to have a good family law attorney by your side. You want to find someone who will protect your assets and fight for your interests. But where do you begin?

Warren Allen LLP is experienced in all types of family law matters, and we have some great tips for finding a qualified family law attorney in the Portland, Oregon, area.

1. Ask for Referrals

The best place to start is with your own personal network. If you know anyone who has hired a family law attorney in Portland, Oregon, recently, ask them about their experience. Were they satisfied with their representation? Did they receive a favorable outcome? If so, ask questions about whether they settled the matter out of court or if litigation was involved. What was it about the attorney that made them particularly effective at handling this particular family law matter?

If the person was unsatisfied with their representation, find out why. Getting information about which attorneys to avoid is just as helpful as getting a recommendation for who to hire. If you don’t personally know anyone who has retained a family law attorney in the Portland, Oregon, area, there are other ways to find a reputable attorney.

2. Check Professional Associations

Another option for locating a family law attorney is to check professional membership associations. For instance, the American Bar Association (ABA) has a lawyer referral directory. You can also search your local and state bar associations to find a family law attorney near you. For instance, the Oregon State Bar has both a lawyer referral service and a searchable membership directory.

If you decide to choose an outside lawyer referral and information service, make sure it has the ABA logo. The use of the logo ensures the service meets ABA public service standards.

Whether using your own personal network, checking professional membership organizations, or paying for a lawyer referral service, be sure to properly vet the attorneys you are considering by doing your due diligence in researching their backgrounds and credentials.

Choosing a family law attorney is an important decision. Never make a decision to hire a family law attorney solely based on a recommendation or referral. Instead, gather as much information as you can before making a final decision.

3. Conduct an Internet Search

You can uncover a lot of information about an attorney through a simple internet search; think of it as doing a background check for free. When you’ve narrowed your search for a family law attorney down to a select few, do some internet sleuthing and see what you can find out about each. At a minimum, most lawyers will have a website bio that outlines their background and experience.

You may also be able to find online reviews that will tell you whether the attorney has a favorable track record with former clients. You should also check both their personal and professional social media profiles. LinkedIn, for instance, may provide a breakdown of their employment history and professional accolades. Other social media platforms could give you a glimpse at how they conduct themselves in their personal lives as well.

4. Verify Track Record

Be sure to verify an attorney’s track record beyond a simple Internet search. If you’re using the Oregon Bar Association lawyer referral service (LRS), you can be confident LRS attorneys “are in good standing with the bar, have no current disciplinary proceedings pending, carry malpractice insurance” and agree to abide by customer service standards.

On the other hand, if you find an attorney through another means, you may need to do your own research. If you’re based in Oregon, you can obtain information regarding a state bar member’s current status, past complaints, and history of disciplinary action by calling 503-620-0222, ext. 394. If you’re based outside of Oregon, check your own state bar association to confirm whether the attorney you are considering is in good standing.

5. Schedule a Consultation

Once you’ve narrowed your search, the best thing you can do is schedule an in-person consultation. Some attorneys charge for a consult, while others do not. Contact the firm to see if there is a charge and if so, inquire about the cost.

If there is a fee for an in-person consultation and you’re trying to save money, ask if there is a fee for a phone consult. Whenever possible, you should try to meet in person with any family law attorney you’re considering. At your consultation, ask them about their background and experience, whether they specialize in your particular family law matter, how many similar cases they’ve worked in the past, and for an overview of your options.

Be as detailed and specific as possible with your questions. Take notes. Get a sense of the attorney’s communication skills and whether you feel you could foster a strong attorney-client relationship with them. The impression you get when meeting an attorney face-to-face can go a long way in helping you decide if they’re the right one for you.

If you’re looking for a family law attorney in Portland, Oregon, area, add Warren Allen LLP to your list. We have experienced attorneys skilled in an array of family law matters, from prenuptial agreements to separations and paternity issues. Whether a marriage, civil union, or domestic partnership, we handle each case personally and with the utmost integrity.

As we’ve discussed, first do your due diligence by conducting some research and then schedule a consult with us. We’ll provide you with an honest assessment of your case and if you choose to retain us, we’ll provide you with top-notch legal representation at every stage.

Avoid These Common Divorce Mistakes in Oregon

Avoid These Common Divorce Mistakes in Oregon

Written by George McCoy on . Posted in Family Law. No Comments on Avoid These Common Divorce Mistakes in Oregon

Understanding common mistakes people make during their divorce can help you avoid the same traps. Your Portland divorce attorney will be your ally and can advise you during the divorce while offering advice specific to your individual situation.
Going through a divorce is stressful, and the resulting emotions are not unexpected. It’s helpful to be aware of how these emotions may impact decision-making during this time. Whether you are working through a collaborative and civilized divorce or one that is fueled with difficulty and conflict, the approach should be the same. What’s important is to not allow stress or confusion to overwhelm your decisions during the process.
Though this may be a difficult time, keep in mind that there are certain pitfalls you need to watch out for while negotiating and filing for divorce.

Rushing to Settle

It’s understandable to want to finalize a divorce quickly and move forward to end this chapter and start a new one, but this can compromise a fair outcome. Full information is essential in settling on a proposal that is the best resolution for all parties. Though it may be tempting to accept the first settlement proposed or settle before all pertinent information is available, it may leave you with an unfavorable result. Sitting down with an experienced divorce mediator may be best for both parties to work toward a solution.
It’s helpful to take your time and think through these decisions carefully while consulting your Portland divorce attorney. Once an agreement has been signed by a judge, it cannot be reversed or changed unless you go through additional court proceedings, and often only if there were assets omitted (either intentionally or unintentionally). Take the time to carefully consider settlement proposals before accepting them and work toward a resolution that is best for your situation.

Not Setting Appropriate Boundaries for Your Children

Age-appropriate communication with your children is crucial during a divorce. It can be a confusing time, and it’s important they work through their feelings and have a safe place to ask questions. It’s also essential to clarify that it’s not their fault and to provide reassurance.
Healthy communication with your children about the divorce should include balance. It’s important to not overshare or fail to prepare them by not discussing it all or avoiding the subject. Keep the conversation age-specific and avoid speaking negatively about the other parent.
Before discussing the divorce with them, take time to think about what is appropriate and what is inappropriate for them to know and set healthy boundaries. There are several books available that cover how to speak to your children about divorce, or a family therapist may be a viable option.

Losing Focus

At the time, every detail may seem critical to take to court. In the interest of not dragging out the process, select which issues are worth taking to court and which ones can be negotiated. Your Portland divorce attorney can help decide which issues fall into which category if you are struggling.
Keep the end goal in focus when making these decisions so you can secure a positive future.

Refusing to Negotiate

A common mistake in divorce is rushing the process, but the opposite can be true as well. Negative feelings or a desire to make a spouse “pay” for their shortcomings in the relationship can unnecessarily drag out a divorce.
This may not be true in each divorce, but unresolved issues or anger in some separations may lead to attempting to use the legal process as an opportunity to get even. Refusing to compromise and insisting on going to court or dragging out court appearances can cost time and money. The court may not view this favorably and it could cost you. It’s natural to be angry, but do your best to stay focused so you can focus on the best outcome for yourself.

Listening to Misinformation

Everyone has advice and opinions when it comes to a divorce, whether it’s your family, friends, or the internet. Though some of this counsel may be wise, especially from someone who has previous experience with divorce, keep in mind that a legal process requires the services of an attorney local to you who specializes in family law and how it relates to your situation. With the internet putting a lot of sources at our fingertips, there can be a lot of misinformation that will lead you astray.
An experienced attorney specializing in family law will have detailed knowledge in divorce, as well as other areas of legal practice, and can help you reach the best resolution possible. They will be your ally, help mediate, and help advise you in obtaining the best possible outcome in your divorce.
Whether you need help with legal representation or advice in separation, divorce, custody, or establishing parenting time, Warren Allen LLP is here to help. Our experienced attorneys have detailed knowledge of family law and other areas of legal practice that may arise in domestic relations. Contact us today and let our attorneys help you secure a positive future and the best resolution possible.

Forgetting to Keep Long-Term Goals in Mind

It’s easy to get stuck in the past and forget to create a plan for your future. There are a lot of factors to consider that can be overlooked when dealing with the overwhelming and immediate details. Receiving helpful counsel from professionals like a Portland divorce attorney, counselors, or financial experts may be helpful in staying grounded and creating a plan for the future. This can include protecting the future well-being of children, your mental health, property, and finances.
You may need to make a plan for parenting time, keeping your children’s best interests in mind. You may need to account for financial changes such as a change in income, the differences in separate property and marital property, as well as changes in income tax post-divorce.
Seeking the counsel of professionals, family, and friends can help you create a support team for your family, so you don’t have to go through the process alone. Having help from a knowledgeable and supportive team will help you avoid some of the common divorce mistakes.
Going through a divorce can be a difficult time, but making careful decisions and accepting the correct types of help can guide you to a more favorable future.

Man signing legal paperwork with happy woman and child. Adoption concept.

What Does an Adoption Lawyer Do?

Written by George McCoy on . Posted in Family Law. No Comments on What Does an Adoption Lawyer Do?

When you decide that adoption is the right choice for your family, there are a series of steps that need to be taken. Finding an agency, choosing your child, and being matched with them are just a few. One of the steps people often overlook is the need to hire an adoption lawyer. An adoption lawyer is a legal professional who specializes in adoption-related services pertaining to law. Finding an adoption lawyer in Portland, Oregon, is as easy as finding a firm that deals with family law. Warren Allen LLP has lawyers that deal specifically with familial issues, such as issues regarding custody and adoptions.

Though it may seem like a cut-and-dry situation, adopting a child actually involves a large amount of legal work. Because there are so many things at stake when it comes to adoption, it’s best to hire someone who is familiar with and can walk you through any legal requirements necessary. They can assist you in making the decisions that will help you to expand your family and have a positive adoption experience.

Here are just a few of the things that adoption lawyers do.

Help Find an Agency

Adoption lawyers can assist you in even the earliest steps of the adoption process. That can include finding the best adoption agency in the area. An adoption agency is a licensed establishment that can let you place or adopt a child. A good adoption agency will assist your adoption lawyer in making the adoption process as easy as possible, and an established adoption lawyer will have good working relationships with local agencies.

The need to find an agency can be for prospective adoptive parents as well as parents looking to place a child with a prospective family. An agency can help you through this process, but an adoption lawyer can protect you and all of your legal rights before, during, and after. Having both an adoption agency and an adoption lawyer is the most popular and secure way that people move through the adoption process.

Complete Identified Adoptions

Not all adoptions happen in the same way. In some instances, families decide that they want to bring a child into their family without knowing who the child is beforehand. On the other hand, some families have already matched with a birth mother and don’t need the help of an adoption agency to place a child in their care. This can happen when the child is a distant member of a family or the child of a close friend. These types of situations are called identified adoption and require the help of an adoption lawyer to make them official.

Another form of identified adoption can involve stepparents. In some cases, a stepparent may wish to be the legal guardian of their stepchild through adoption. Despite the child being identified already, having an adoption lawyer can still work in your favor. They can assist you in collecting the proper paperwork and notifying the child’s birth parent, as well as represent you if you end up going to court.

Take Care of Paperwork

When you decide that adoption is the right choice for your family, you’ll need to fill out a variety of paperwork to make it official. Having all the necessary paperwork and filling it out correctly is what can officially establish someone as a parent. Not doing so can cause issues or delay the completion of your adoption. With the help of your adoption lawyer, you’ll be able to collect the proper paperwork and have it well organized by the time you need to present it.

One thing that people often overlook is the need to have an adoption lawyer even when you’re doing an identified adoption. Though you’ll skip the need to enlist an adoption agency to work on your behalf, there are still many legal steps you’ll need to take to secure adoption. Since that paperwork can differ from what is needed for traditional adoption, adoption lawyers can help you gather and present those documents as well.

Walk You Through the Requirements

There are various requirements that a prospective adoptive parent must meet in order to move forward. These conditions are different depending on the type of adoption you’re looking into. For instance, if you’re adopting a child from out of the country, families will need to be found eligible by not only US federal and state laws, but also the laws of the country you’re intending to adopt from.

Some of the other requirements include being a US citizen, being at least 25 years of age if you’re unmarried, and jointly adopting as a couple if you are married. You must also meet certain requirements that determine your suitability. These will require background checks, home studies, and fingerprinting. An adoption lawyer can help you understand the requirements and make sure you meet them all before attempting to move forward.

Provide Legal Council

No matter how you choose to move forward with the adoption process, you’ll likely face some challenging decisions. Those decisions will have consequences that can affect the adoption process now or later down the line. To make sure that your wishes are properly stated and that things go the way you’ve planned, it can be helpful to have an adoption lawyer speaking on your behalf. Adoption lawyers are familiar with the ins and outs of adoption law and can guide you in a direction that avoids any potential delays. Adoption lawyers can also provide legal services such as speaking on your behalf. Depending on the situation, you may need to go to court to complete your adoption process.

Assist You With Other Family Legal Issues

A great benefit to finding a good adoption lawyer is that they are usually well versed in other family law issues. Situations such as divorce, establishing paternity, separations, and custody all fall under the arena of family law, and establishing a good relationship with them now could make it easier for you to get their help in the future. Warren Allen LLP has a variety of lawyers in Portland, Oregon, that can assist with both adoption and other familial legal issues.

Woman signing legal documents with man and young girl watching.

What Falls Under Family Law in Portland?

Written by George McCoy on . Posted in Family Law. No Comments on What Falls Under Family Law in Portland?

Life can get relatively complicated, but sorting out legal issues related to family law in Portland shouldn’t be something that is overly complicated. Finding the right representation for your issue is key, and at Warren Allen LLP, we provide the best and most solid legal counsel we can. Whether you’re looking to adopt and need some legal guidance through the process or you’re getting ready to tie the knot and want to discuss your options when it comes to prenuptial agreements, we can help. If you’re seeking a legal separation, an annulment to your marriage, or even a divorce, Warren Allen LLP is here to help.

For other issues, such as guardianship, conservatorship, or domestic violence issues, there is someone here who can help you sort through the process and the impending legal framework. For more information about what falls under family law in Portland, Oregon, please keep reading.

Children & Families

Relationships in a domestic setting take a lot of work. When things don’t go as anticipated and new situations arise, a competent attorney can help you and your loved ones navigate the path. If you’ve recently dealt with a divorce and now need to figure out custody and visitation, a legal representative can make sure that you’re securing the results that are best for you and your family.
For other issues that fall under the umbrella of children and families, you’ll find assistance with parenting plans, birth through three, child support, the enforcement of parenting plans, parental education, adoption, mediation, temporary orders, and supervised parenting time.

Divorce, Separation & Annulment

If you were recently married and you’ve realized that it’s not going to work out in the long run, and you’re within the required time period, you can sometimes get an annulment from the courts. A family law attorney can help you with this.

If you’ve been married long enough that you need to take a different course of action, you have the choice to either separate or divorce. A legal separation might be issued in the place of a divorce for a variety of reasons, including if one party wishes to remain on the spouse’s insurance plan, if there is a moral or religious reason not to divorce, if the minimum required residence (six months in the state of Oregon) hasn’t been reached yet, or if the parties don’t wish for a divorce but still do want legal help to split their property and debts, establish a parenting plan, and so forth.

Otherwise, the final option is divorce. Once the papers have been served to the receiving party, the respondent has 30 days to file a response. A divorce doesn’t have to be a long, drawn-out, or vicious affair. If both parties work together, including putting together a shared custody and parenting time plan if children are involved, the process can go fairly smoothly.

Guardianship & Conservatorship

If a person is incapable of managing their own care or legal affairs, or if a child doesn’t have a legal guardian, a competent and capable adult can petition to gain guardianship or conservatorship of that person. All people applying for this role must be up front with the court about their legal background, including if they have ever had a professional license canceled or revoked, if they ever went through a bankruptcy, or if they have ever been convicted of committing a crime. A court-appointed visitor will be assigned to the case and will be involved in the case to verify that all parties are adhering to their roles.

Because of the complexity of guardianships and conservatorships, it’s a good idea to get a lawyer who can help walk you through all the rules and laws around this topic of family law.

Prenuptials

Before getting married, a couple can outline and then legally put into place an agreement that outlines their plans for their property, their debts, and other legal rights that they acquire by getting married. There are traditional rules and laws related to marriage, but a prenuptial agreement gives more power to the couple to decide what they do and do not want relating to their marriage and their legal relationship. This is especially relevant if the marriage ends in divorce or death.

In simplest terms, it’s an outline of how the couple would like things to play out should something outside of their control happen in the course of or at the end of their marriage. Relevant topics in a prenup may include the division of property, retirement benefits, savings, and even spousal support. Having an attorney work through all of the legal processes related to prenuptial agreements makes the most sense for the couple involved, as they will need to file with the court and make sure that their agreement is deemed legal and valid.

Domestic Violence

Should things escalate and your safety become at risk, always get out and away and contact a first responder. Once you’re in a safe space and you’re in need of legal counsel on the issue of domestic violence, family law in Portland, Oregon, can help you in a handful of ways.

You can file a restraining order in the Family Abuse Protection Act (FAPA), get help through the Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), or get a Sexual Abuse Protection Order (SAPO). If there are other issues, such as stalking, an Extreme Risk Protection Order (ERPO), or firearms restrictions, then there are family law firms that can help sort through the thick of some of these heavy topics.

There are many laws and rules that attorneys are versed in. Particularly when your physical, mental, or emotional well-being is in jeopardy, it’s best to have representation to make sure all the bases are covered and that you and your family are safe and secure. Attorney’s may also have other recourse and access to other resources to help protect you and those you love.
If you have questions or would like more information about family law in Oregon, contact Warren Allen. Our expert team can help you out.

Man and woman signing divorce paperwork with witness.

Who Are the Involved Parties in a Divorce Case in Oregon?

Written by George McCoy on . Posted in Family Law. No Comments on Who Are the Involved Parties in a Divorce Case in Oregon?

Unless you have been divorced before, or you are a divorce attorney yourself, you probably have a lot of questions about how these types of legal cases work. Unsure how many parties could be involved? Don’t know the difference between a petitioner and a respondent? That’s where our experts come in to help. Read on below to find out more information about what is involved in a divorce case in Oregon.

Petitioner

A petitioner is the term used to refer to the individual who files the petition for a divorce in Oregon. This party is also known as the plaintiff. The specific paperwork you will need to fill out can be found online or obtained through a court. There will be different paperwork if you petition or if you are the respondent.

There are some important requirements to note if you are planning to be the petitioner. First of all, the individual who files the petition for divorce must be an Oregon resident. They are required to have lived in the state for at least six months prior to the dissolution of the marriage. Also, the petitioner must make sure that their petition is filed in the county where they and/or the other spouse lives.

If only one of the parties lives in Oregon, the court may still be able to dissolve the marriage. However, this could lead to problems down the line. The court may not be able to require certain things of the party who lives out of state.

As the petitioner, you may have a specific reason for pursuing the divorce. However, Oregon also allows what is known as a “no-fault” divorce. Unlike with other grounds for divorce, no-fault divorce doesn’t require you to submit any proof. The grounds for divorce can just be irreconcilable differences.

Respondent

While one party is the petitioner in a divorce case, the other party is the respondent. The respondent is the defendant to the petitioner’s plaintiff.

After a petitioner files for divorce, the respondent is the one who will then be “served” with a copy of the petition, a summons, and other important paperwork. The petitioner can give this paperwork to their future former spouse themselves. Or the petitioner can also arrange for someone else, such as the sheriff, to serve the respondent.

In order to confirm that they have received the petition, summons, and paperwork, the respondent will sign an “Acceptance of Service.”
If the respondent is unable to be reached and/or found, there are some other ways they can be served. Although that is usually a last resort. This can include a notice published in an Oregon newspaper or something posted at the courthouse.

Once the respondent has been served with the petition, they are given a certain amount of time to file their response to the court. In Oregon, a respondent is given 30 days after they have been served. Once a response has been filed, the court can set a date for a trial, settlement, or mediation.

If the respondent does not file within those 30 days, the petitioner can ask for a default judgment from the court. If they decide to do so, it could mean that the petitioner will get everything they ask for in the petition.

Attorney

The state of Oregon does not necessarily require petitioners or respondents to have an attorney for a divorce case. However, it is still strongly recommended.

One very helpful service that attorneys provide is an initial consultation. Even if your divorce seems super simple and straightforward, this wouldn’t hurt. An experienced attorney may notice something that the average person would miss. That could save you a big headache later on. In some cases, these legal consultations are even free of charge.

Judge

Ultimately, a marriage is officially over when a judge signs a judgment of dissolution of marriage. This judgment will include the division of assets and how court costs and fees will be divided. If there are children involved, this judgment will include custody and child support arrangements as well.

At Warren Allen LLP, you can count on our excellent attorneys and decades of service in Oregon and the broader Pacific Northwest. Whether you are the petitioner or the respondent, turn to us for your Oregon divorce case. You can find more information about Warren Allen LLP on our website. If you’re interested in meeting with one of our attorneys for a consult, you can find our contact information on our website as well.

Man and woman signing Divorce Decree with gold wedding bands laying on table.

Do I Need a Divorce Attorney in Portland Oregon?

Written by George McCoy on . Posted in Family Law. No Comments on Do I Need a Divorce Attorney in Portland Oregon?

Going through a divorce can be a difficult experience, one that is often accompanied by financial and emotional strain. But hiring a divorce attorney in Portland, Oregon, to represent your interests and keep you informed throughout the process could make things go more smoothly.

We know because the legal team at Warren Allen LLP has helped countless clients get a favorable outcome in their divorce proceedings. We’ll explain why having someone on your side to fight for your interests during a divorce is the smartest decision you can make.

You Have Options

You may feel like you’re backed into a corner when you’re going through a divorce, but the first thing to know is that you have options. There’s no legal requirement in Oregon to hire an attorney for divorce proceedings. This means you can choose to represent yourself if you’d like.

If you’re considering going this route, keep in mind that family law can be quite complex. Laws vary by state, so you’ll want to make sure you know what particular laws apply to your locality. There are many nuances to family law as well. A misstep could be costly, both financially and personally.

That’s why it’s important to keep in mind what’s at stake. All your assets, including personal property, financial assets, business interests, and even custody of your children if you have them, are up for grabs when you’re going through a divorce. Think about whether you can afford to take the risk of representing yourself. It will help you make the most informed decision about whether to retain legal representation.

If you have an uncontested divorce, few assets, no kids, and a fairly straightforward situation, you may be able to represent yourself. But even so, you will need to do your research. Thoroughly familiarize yourself with all applicable laws and remember that once a final court order is filed in an Oregon divorce proceeding, it can be exceptionally difficult to alter it later. In other words, make sure you know what you’re doing before deciding to represent yourself.

Summary Dissolution

If you have a fairly simple divorce case and do want to represent yourself, you may be able to proceed with a “short form” summary dissolution proceeding. The paperwork for this type of proceeding is fairly simple and can be picked up from the courthouse in the county in which you reside. Some courthouses even have family court facilitators on hand to help you complete the paperwork.

Even if you decide to go this route, though, keep in mind that you should have a divorce attorney review your paperwork before it’s filed. This can help you avoid potential oversights and errors.

What About the Cost?

One thing that may keep someone from hiring a divorce attorney in Portland, Oregon, is the expense of legal representation. We get it. A divorce can be an immense financial strain. You may be looking to save money. But remember, experienced family law attorneys are skilled at negotiating the best possible divorce terms.

Concerned about paying alimony or losing a major asset? Worried about seeing your kids less often? If you want to protect your investments and ensure the best possible relationship with your children, securing legal representation is key. Many divorce attorneys offer payment plans, and hiring an attorney can save you from the risk of an overall much more costly divorce.

Benefits of Hiring a Divorce Attorney

A divorce attorney will look out for both your financial interests and your best interests. Tensions can run high during a divorce, which leads many people to not think clearly when negotiating its terms.

But an attorney has experience and understands options you may not even be aware of. We can get creative with solutions. We also don’t have the same emotional attachments to the situation. Emotions can cloud your judgment and sometimes impede your ability to find the middle ground that’s most advantageous to you. Allow a divorce attorney to take care of that for you. We can negotiate in a fair, equitable way while prioritizing your needs.

If it’s important to our client, it’s important to us. So we will do everything we can to make sure your interests are always front and center at the negotiating table.

What If You Have Children?

If you have kids, you will more than likely establish a shared custody agreement. You may have to make concessions when it comes to sharing custody of your kids during the holidays or on weekends or other special occasions, for instance. An attorney can help you negotiate the most favorable outcome possible, as we have more experience and are more knowledgeable of custody laws.

And if you’re in a situation where your children’s other parent is suing for full custody, you will most definitely want an experienced attorney representing your interests.

What You Need to Know

Hiring a divorce attorney in Portland, Oregon, should be a thought-out, deliberate process. Do your research. Ask for recommendations from close family and friends that you trust. Read reviews. You should also check with the Oregon State Bar to make sure any attorney you’re considering is in good standing. Then check to see if the attorney’s services are within your budget.

Once you have settled on a few potential attorneys, arrange for a consultation. See how well the attorney listens to you and communicates with you and how comfortable you feel with them. Ask questions about the attorney’s past experience and whether they’ve had cases similar to yours.

If you’re looking for a divorce attorney in Portland, Oregon, and would like to schedule a consultation, contact Warren Allen. We provide legal representation and advice to clients throughout the Pacific Northwest.

Even if your marriage ended badly, your divorce doesn’t have to. Let us be there for you to make sure everything goes smoothly. We can help you close the book on this chapter of your life and begin a whole new story.

Male family law attorney shaking hands with male client.

5 Tips for Finding the Best Family Law Attorney in Portland

Written by George McCoy on . Posted in Family Law. No Comments on 5 Tips for Finding the Best Family Law Attorney in Portland

When you experience a distressing situation in your family that needs potential legal intervention, looking for a family lawyer is the best way to proceed. However, choosing a family law attorney can be stressful. In the absence of adequate due diligence, you may end up with one who cannot give you the desired results.

So how do you go about choosing one? To make the process easier for you, here are Warren Allen’s five tips for finding the best Portland family law attorney without any hassle.

1. Always Go with an Expert

Family law is complex, as the interpretation of the law can change with every new case. Your attorney should be able to identify the core issues right away and provide tailored advice. They should also know the various practices and legal procedures followed by family law courts in the region.

The best way to narrow down your options to the most qualified experts is by browsing through attorney profiles available online to assess the experience of each lawyer, their educational qualifications, and the types of cases they have dealt with. You can prepare an initial shortlist and start a deep dive to assess each of the profiles in-depth.

You can start reading the blog posts and articles published by such lawyers to know more about their work. There may be a lot of general practitioners in the market, but your goal should be to find someone who specializes in family law.

You can look up their social media handles to see the type of posts they have. You can assess your lawyer by asking questions. For example, if you’re approaching a Portland family law attorney for a divorce case, ask them about the recent cases they have dealt with and the outcomes. You can also ask if they’re willing to take on difficult matters for representation. Moreover, an expert attorney will keep track of recent developments in the field of family law. So the more questions you ask, the better it will be to assess their expertise. While this may sound like a lot of work, it can give you a clear sense of whether you want to work with a particular attorney.

2. Make Sure Your Lawyer Is Easily Accessible

Your Portland family law attorney should be someone you can contact easily and receive quick responses. With many family matters, things can go from bad to worse very quickly. Having an attorney who is prompt with turnarounds can go a long way in helping you navigate through complex legal issues.

Your attorney must be able to simplify legal jargon and explain it to you in layperson’s terms. If your lawyer is bombarding you with too much jargon or doesn’t make you feel at ease about your issues, it’s probably a huge red flag. After all, family law involves a lot of complex emotions, and that’s why your lawyer must make you feel comfortable.

In addition to that, also take into consideration the location of the attorney’s office. If it is too far away from where you live, it can be immensely stressful to keep traveling for in-person meetings. Having a local attorney who is closer to home also means you can schedule more face-to-face appointments to discuss the challenges you face.

3. Know What You Want

Too many begin on a wild goose chase to hunt down a Portland family law attorney without knowing what they expect as an outcome. Plus, unsolicited advice from family and friends can make it even more overwhelming for a person to have clarity about the end goal.

If you find yourself in a similar situation, it’s time to take a step back and think. Write down the problem that you’re facing and the outcomes you’re expecting. You should also spend time thinking about the best alternative to your hoped-for outcome.

Doing this will help you find a lawyer who’s more suited to your needs. For instance, if you’re engaged in a custody battle but you don’t want things to get too heated up in the court, choosing an attorney who’s known to be too aggressive in the court may not be ideal, even though such a lawyer may have many years of expertise under their belt.

4. Be Clear About the Costs

Hiring a family law attorney doesn’t come cheap. To avoid any last-minute surprises, it’s best to iron out costs and fees right in the beginning. Usually, attorneys like to charge a retainer fee and then work by the hour, but you may have the option to work out alternative arrangements. Also, make sure to ask about any out-of-pocket or overhead costs (such as travel expenses, postage charges, filing charges with the court, etc.) that you may need to bear as the client.

Asking for discounted rates is also a common practice in the industry. Don’t hesitate to have a conversation if you think you may not be able to work with the fees quoted by your attorney.

5. Ask People Around You

Word-of-mouth references are a great seal of approval for an attorney. You can always ask your friends and family members to pass on references of lawyers they have worked with. Moreover, if you’ve worked with other attorneys, such as a personal injury attorney attorney for another matter, you can also ask them for referrals.

However, be mindful that when it comes to legal problems, there is no one-size-fits-all approach you can take. Ensure that the lawyer you choose is the right fit for you.

Working with an experienced family law attorney can help you get through challenging legal issues and give you the results you deserve. If you’re looking for a Portland family law attorney, don’t hesitate to get in touch with us. Our team of experienced family law lawyers at Warren Allen is here to help you overcome any challenging situation in the field of family law.