Call us: 503-255-8795

Tag: family law attorney portland

Common Mistakes to Avoid in Family Law Cases

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

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

Emotional Decision-Making

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

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

Failing To Provide Sufficient Documentation

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

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

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

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

Failing to Seek Professional Legal Guidance

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

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

Additional Pitfalls to Avoid

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

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

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

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

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

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

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

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

Legal Issues Related to Marriage

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

Prenuptial Agreement

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

Annulment

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

Separation

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

Domestic Violence

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

Divorce 

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

Mediation

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

Alimony or Spousal Support

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

Legal Issues Related to Children

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

Child Custody

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

Child Support 

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

Guardianship

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

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

Family Law Attorneys in Portland

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

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.