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Tag: Divorce

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.

Petition to file for divorce form with hand with pen.

How Do I File for Divorce?

Written by George McCoy on . Posted in Family Law. No Comments on How Do I File for Divorce?

Divorce processes can vary from case to case, depending on the parties involved. Though some can be long and complicated, others can be fairly straightforward. Understanding the process of how to file for divorce can help prevent unnecessary delays and complications. Before you begin the process, be prepared by learning the basics of what steps you will need to take.

Residency Requirements

Before you get started, you must first determine residency and where to file. Most states require that you or your spouse have resided in the state in which you’re planning to file for at least six months. Some states also require three-month residency within the county where you’re filing. The residency requirements can differ from state to state so make sure you do a search of your state’s specific conditions.

Reason for Divorce

All fifty states are no-fault divorce states, though some states still provide the option to allege fault if desired. “No fault” means that only one spouse needs to file a petition, and they may do so without filing a fault-based complaint. The filing spouse may claim “irreconcilable differences” and can have the marriage or domestic partnership dissolved, regardless if their spouse consents or not.

Some states require a separation period before you can file for divorce. States such as Oregon and California don’t require such a period of separation. As each state has different requirements, it’s best to look up these specifications.

Filling Out Forms

Now that you have determined the requirements for filing, the first step is preparing the necessary documents. Often, domestic relations law provides two types of dissolution. The simplest procedure is summary dissolution, which is an uncontested divorce. The other is complex dissolution, which means the divorce is contested.

If your marriage or domestic partnership has limited issues, you may be able to file for a summary divorce. Some of the requirements include:

  • Being married for 10 years or less
  • Neither spouse is pregnant
  • No minor children involved
  • No real estate owned
  • No more than $15,000 in debt
  • Personal property values less than $30,000
  • Petitioner waives the right to alimony and temporary orders

If you don’t meet these requirements, you’ll have to file for a complex dissolution. Depending on which dissolution you choose, each requires specific forms. If you and your spouse have biological or adopted minor children, additional forms will be required.

Regardless of which procedure you use, your documents must include a petition for divorce and a summons. The petition for dissolution will outline for both the judge and your spouse what you’re asking for in the divorce. The summons is a document notifying your spouse that they need to appear in court. It also includes instructions prohibiting moving out of state with joint children and written consent required for obtaining passports for the children.

Reviewing All Forms

It’s imperative your forms are reviewed for accuracy. Though the court may have resources to help you review these forms, you may want to consider working with a family law attorney. If your forms are not in order and any of the information is inaccurate or incomplete, this can affect the outcome of the divorce.

Making sure that you have all the necessary forms to successfully file for divorce can be difficult without help. Each case has its particular needs. Do you require alimony? Division of property? Child custody? A do-it-yourself approach may affect the outcome in an undesired way. If you need legal advice and representation, contact our expert team at Warren Allen LLP. Our experienced family law lawyers are able to help with your unique situation and needs.

Filing Forms

Once your documents have been thoroughly reviewed, it’s time to file them in the appropriate county. Turn in the petition for dissolution with the Circuit Court Clerk’s office in the county where you or your spouse resides.

When doing so, you must also pay any fees associated with filing for divorce. If you cannot afford the fees, it’s possible to ask the judge to waive or defer the fees. However, you’ll have to fill out court papers documenting a low income.

Serving the Forms

Unless you’re filing for divorce with your spouse as co-petitioners, the law requires you to inform your spouse of the intended divorce. This is done by serving your spouse with copies of the divorce petition as well as all other paperwork filed with the court. This can be done by mail or by personal service.

Personal service doesn’t mean that you can personally hand the papers to your spouse. They must be served by another adult over the age of 18. Once the papers have been received, your spouse signs a “Proof of Service” or “Acceptance of Service” form (depending on the state). If your spouse refuses to sign, you can hire a private process server or pay a fee for the county sheriff to deliver them in-person.
If your spouse is difficult to locate, you can obtain an order signed by a judge that allows you to publish or post a notice that you have filed for divorce. This may include posting in the courthouse or publishing in a newspaper.

Finalizing the Divorce

After your spouse has been served, there are various options they can take. Your spouse can default, which means they do nothing, or they can file a response agreeing or disagreeing with the terms of the divorce. They have 30 days to file a response with the court.

If your divorce is uncontested, you can write up an agreement outlining the terms and fill out final forms to be submitted to the court.

If you cannot reach an agreement on the terms or your spouse contests the divorce and a compromise through mediation cannot be reached, you must ask the court for a divorce judgment. A trial date will be set and, ultimately, a judge will determine the terms of the divorce.

Having an understanding of how to file for divorce will help, but ultimately, a knowledgeable family law lawyer on your side will better ensure a smoother dissolution and potentially help you achieve your specific needs.

 

What Services Are Offered By Family Law Firms in Portland?

What Services Are Offered By Family Law Firms in Portland?

Written by George McCoy on . Posted in Family Law. No Comments on What Services Are Offered By Family Law Firms in Portland?

Family legal issues are some of the most sensitive topics to discuss, as they are deeply personal and often extremely important. When you can’t come to an agreement within your family about legal matters, it’s often best to enlist the help of a family law firm. Family law firms in Portland, Oregon, can help guide you through those difficult times and help you to come to an agreement that’s in the best interests of you and your family.

Family law firms deal with a variety of issues that can arise within families, including divorces, child custody agreements, adoptions, and much more. With the help of family law firms such as Warren Allen LLP, you can feel at ease knowing that knowledgeable professionals are on your side. If you’re having legal issues within your family, you may be able to benefit from hiring a lawyer from a family law firm. Here are a few of the services offered by family law firms.

Prenuptial Agreements

If you’re considering getting married and want to come up with a way to protect your assets in case of divorce, a prenuptial agreement may be a good choice for you. A prenuptial agreement is a contract that two people sign prior to becoming a married couple. What the contract states will be unique to each couple, but it’s generally a signed contract that explains how their assets will be divided if they get divorced. This could cover topics like property ownership, spousal support, and financial assets.

When the couple signs this agreement, they will have a much easier process of divorce should they ever choose to end their marriage. One of the biggest conflicts that divorced couples have is agreeing on how they will split up the things that they own jointly, but with a prenuptial agreement, those decisions are already made.

When you want to create a prenuptial agreement, you’ll need the help of a family law firm. Family law firms in Portland, Oregon, will consult both parties on which things should be covered in their agreement. They will also be the ones drawing up the agreement and taking care of legalities.

Divorce

Not many people consider the fact that they may get divorced, which often leaves them unprepared when divorce becomes an option. People divorce for a variety of reasons, but most stem from having two people with different ideas for how they want the rest of their lives to go. When it gets to this point, it can be hard for those same two people to come to a mutual understanding about the things that matter most. This time can be intense for all parties involved, which often leads them to need a family law firm to act as a mediator.

A divorce lawyer at a family law firm in Portland can help you to figure out what happens next after you decide to get divorced. Having this third party can make conversations less confrontational and provide needed support in a time of stress and intense emotions. A family lawyer can also help couples come to an understanding before ever having to go to court. With an experienced law firm like Warren Allen LLP on your side, you can ensure that you get what’s fair after your divorce.

Child Custody Agreements

In divorces or separations where the couple has children, figuring out who gets what time with the children can be difficult. With both parties typically very emotionally attached, it can be impossible to come to a fair agreement without the help of a third party. These situations are also more likely to become confrontational. When you enlist the help of a family law firm, a lawyer will help you to fight for the time you want with your child and create a more professional environment to come to that conclusion.

Coming to agreements about child custody can cause enormous tension within families. This is especially relevant in cases where an agreement was attempted outside of the court and one party is failing to uphold that agreement. The benefit of going through a family law firm and drafting a legal agreement is that the law is on your side in the case that someone breaks that agreement. In your contract, there will be specific repercussions for not adhering to the rules of the contract. This helps to hold each party accountable. When dealing with child custody issues, going through a family law firm can be the easiest way to a solution.

Adoption

If you’re interested in expanding your family through adoption, a family lawyer can assist you in navigating the legal requirements. Adoption isn’t as easy as just wanting to bring a child into your home. You have to prove that you’re fit and sometimes be chosen by a birth mother.

Aside from having a lawyer to help you adopt successfully, they can also help you to understand your rights after the child is in your care. Some people run into situations where the birthmother rescinds her offer, there are undisclosed health issues, or a stillbirth occurs. Having a lawyer draw up documents that detail how these situations will be handled beforehand can protect you should any complications arise.

Paternity

If you need to prove the paternity of a child, a family law firm could be of assistance to you. Mothers often choose this route to legally determine the paternity of their child when the father is absent. This allows the mother to file for child support payments from their child’s father by showing proof that the child biologically belongs to them, despite their current role in the child’s life. The mother has a right to these payments, and hiring a lawyer will assist her in obtaining them.

Mothers aren’t the only ones who can benefit from hiring a family law firm to determine paternity. Fathers who are seeking custody of a child can use a family law firm to help them legally establish paternity and go after full or partial custody of that child. Having a family lawyer on your side can help you to understand your rights and speed up the process of obtaining custody.