Divorce Attorney Archives - Warren Allen LLP Attorneys at Law

Are Family Law Attorneys Just for Divorces?

Written by George McCoy on March 20, 2023. Posted in Family Law. Leave a Comment

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.

Avoid These Common Divorce Mistakes in Oregon

Written by George McCoy on July 8, 2022. Posted in Family Law. Leave a Comment

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.

Woman signing legal documents with man and young girl watching.

What Falls Under Family Law in Portland?

Written by George McCoy on January 10, 2022. Posted in Family Law. Leave a Comment

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 Decree with gold wedding bands laying on table.

Do I Need a Divorce Attorney in Portland Oregon?

Written by George McCoy on August 11, 2021. Posted in Family Law. Leave a Comment

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.

Tag: Divorce Attorney

Divorce Attorney: Advocating for Your Best Interests during Difficult Times