My office takes a team approach in helping you deal with what can be the most difficult process you will ever go through. The following is a brief synopsis of frequently asked questions:
 

GROUNDS Oregon has adopted the concept of "no-fault" divorce, making it generally unnecessary to prove cruelty, adultery, etc., in order to obtain a divorce. An allegation that you and your spouse have developed "irreconcilable differences" will suffice. "Irreconcilable differences" is an advanced case of not getting along with each other.

LEGAL SEPARATION Although in some instances a legal separation is possible, it is not generally used. If you are not ready for a divorce but want to talk things over with someone, we recommend counseling services and not legal services. However, if you have substantial reasons for wanting stability during a long period of separation, filing a formal petition for legal separation can eventually establish responsibility for debts, custody, support, etc.

RESIDENCE REQUIREMENTS You must have lived in Oregon for six months prior to filing your Petition in Oregon. The Petition is usually filed in the county in which you reside, but it can be filed in any county as long as your spouse consents.

STARTING THE PROCEEDING (See “Getting Started” below). The first step is the preparation and filing of a Petition for Dissolution of Marriage. The Petition states the names, ages, social security numbers, and addresses of the husband, wife and all children born or adopted during the marriage; when and where you married and when you separated; that the residence requirement has been satisfied; and that your marriage should be dissolved. It also states whether any other domestic relations suits are pending between you and your spouse in any other county or state. Finally it will set forth provisions for support, custody, visitation, property division, attorney fees and court costs. If your spouse has already filed, be sure to bring us a copy of the Petition -- especially if you have been served by the sheriff or private process server.

WHO SHOULD FILE There is usually no legal significance who files the Petition, although there may be procedural and tactical advantages for the Petitioner. Pride is another matter. Talk it over with your spouse so we can avoid a race to the courthouse and further hurt feelings over this small item. If child custody is going to be an issue, you want to file first. If your spouse has moved the children out of the marital residence where the children have had stability without your consent, it is critical that you use legal counsel to file first. Legal counsel can make specific motions which will result in orders that the children be returned to their status quo residence with you.

SERVICE OR WAIVER After the Petition is filed, your spouse must receive proper notification. One way to do this is to ask the sheriff or private process server to hand-deliver a copy of the Petition to your spouse. This can cause embarrassment and angry feelings. An alternative is to have your spouse come in to our office to pick up a copy of the papers and sign a document called an Acceptance of Service which acknowledges receipt of a copy of the Petition. Unless otherwise requested, we normally use a private process server.

CUSTODY Physical custody refers to who has the children living with them. Legal custody refers to which parent has decision making authority about doctors, daycare, religious matters, etc. These can be mixed and matched in several different ways if the parties agree to do so. The court will not order joint legal custody unless it is agreed upon. While parties often agree to equal time sharing arrangements, which are ordered by the court by stipulation, the court rarely orders equal parenting time when the case is contested. Oregon law directs the Court to consider the following factors when deciding which parent shall be given physical and legal custody of minor children: (a) the emotional ties between the child and other family members, (b) the interest of the parent in the child, the parent's attitude toward the child, and the desirability of continuing an existing relationship, (c) abuse of one parent by the other, and (d) the relationship of the children to other family members. In practical terms, this means the parent who has accepted the primary responsibility for bringing up the child in the past will probably be awarded the care and custody of the child in the future. The non-custodial parent will be allowed reasonable rights of visitation based on the child's needs. Joint custody will only be granted if both parties agree. In general, joint custody will work only if the parents communicate and cooperate with each other. Disagreement over custody and visitation is guaranteed to put you right in the middle of a contested and expensive divorce. If custody is contested do not bring the children along on your visits to our office.

PARENTING TIME The Oregon Legislature recently struck the word “visitation” from all Oregon dissolution statutes in favor of the word “parenting time.” If you and your spouse can agree to details of parenting time, the Court will usually approve the plan which you have worked out. A typical schedule is to visit on alternating weekends, several weeks in the summer, some time at birthdays, Christmas and other holidays, plus additional or different times as you may agree upon. The policy of our office is to encourage liberal parenting time except in extraordinary circumstances. Local county court rules may give additional guidance. In unusual circumstances programs of supervised parenting time are now available where drug use, abuse, instability or other issues call for it.

CHILD SUPPORT There are support guidelines which the Courts use to determine the amount of child support. The guidelines are used to set support in your case, unless there are exceptional circumstances present. We will be discussing the guidelines with you as your case proceeds. The Court can require support of a child until the age of 18. Support is extended to age 21 if the child is attending school. Please ask about the formula and types of schools that qualify.

PROPERTY DIVISION There is no fixed way to determine how you or the Court should divide the property. One thing is clear: liabilities as well as assets must be considered. Other factors include the nature and extent of the property; the duration of the marriage; and the economic circumstances of each spouse. In some cases, gross misconduct by a spouse (such as supporting a mistress) can be considered. If you and your spouse can agree, and if your agreement is reasonable, it will be approved by the Court. If you cannot agree, the Court will divide the property. A wife with custody of minor children will generally be awarded more property than the husband.

TEMPORARY RELIEF If your spouse is being physically abusive to you or the children, refuses to provide reasonable support or give you information concerning property, or refuses to permit reasonable parenting time, the Court will hear your evidence and determine if you will get this relief while the case is pending. The Court can restrain you both from physical abuse to each other or to the children. This restraining order can be filed with the local police to guarantee an arrest will occur if trouble develops. The Court can also order support for the children. If you feel you will need this sort of temporary relief, be sure to let us know during your first appointment.

“UNCONTESTED DIVORCE” Your divorce will be contested unless you and your spouse agree to the divorce and to all aspects of custody, visitation, support, property division, and the payment of liabilities, attorney's fees and court costs. If your spouse disputes any of these matters, you have a contested divorce and a trial may be necessary.

SPOUSAL SUPPORT Oregon Courts can provide for spousal support (alimony) following a divorce. In addition, it is possible for a spouse to obtain income tax advantages depending on how the marital property is divided.

MOVING OUT It is almost always a bad idea to move out of your residence without speaking to an attorney first, especially if there are children of the marriage. Obviously, if you are the victim of domestic violence and feel unsafe you can procure a Restraining Order, which may require one parent to move out. Do not move out of the house on the basis of a “verbal understanding”. Often, one spouse’s desire to separate is a great way to bring them to the bargaining table. Further, if you move out and leave the children in the care of the other spouse, you have tacitly told the court you believe the other parent is better suited to have primary custody.

BOYFRIENDS AND GIRLFRIENDS Causal dating will almost never affect custody or parenting time, however, it it is almost always a bad idea to have a "serious" or "move in" relationship when you are just going through a separation and divorce. First of all, when you are on the “rebound” you are usually not in the best state of mind to make a good choice about a partner. Having a boyfriend or girlfriend often creates hard feelings and can make your case more expensive if the other side does not bargain fairly because they feel hurt. Introducing kids to a new “mommy” or “daddy” right after the divorce is also confusing to little children, and, frankly, is simply a bad example to older children. Avoid this whenever you can. However, if you have a partner, do not let what is said here keep you from telling your lawyer about them–they cannot help you unless they are completely informed.

COURT COSTS In Marion County, court filing costs are approximately $286 if the case is totally uncontested. It generally costs about another $35-45 if we must serve your spouse with the legal papers. If there are depositions or investigations, your court costs will be higher. You must pay for these items as we go, since it is not our policy to finance a case.

FEES The exact fee will vary with the services you require. Our basic divorce services include; the preparation and filing of the Petition; preparation of an Acceptance of Service to be filed by your spouse or arranging for a process server to serve your spouse with a copy of the Petition; preparation of Summons and an Affidavit of Non-Military Service; obtaining information from you concerning your assets, liabilities, income and expenses and making recommendations concerning property division and support; preparation or review of the Judgment of Dissolution; preparation of forms required by the Oregon Bureau of Vital Statistics.

If a trial is necessary, the Court may order one spouse to pay some of the other spouse's attorney fees. The court rarely orders payment of the full amount of the fee. You are responsible for paying our agreed fees. Any sums recovered from your spouse will be either credited to your account or reimbursed to you.

You will be required to sign a fee agreement and deposit a retainer in our trust account when you hire us. Full payment is due every month. Credit terms can be arranged in some cases. We will discuss our fee with you at this first meeting.

RECONCILIATION Sometimes divorce seems like the only solution. Often it is not. After a divorce action is commenced, you may change your mind and try to work things out. We encourage efforts toward reconciliation. If you decide to drop the divorce action you will owe us only for those services actually performed up to the time you instruct us to stop.

CHANGE OF WIFE’S NAME A wife's former name may be returned to her at any time either during or after the marriage without any court action. We generally suggest this be limited to the restoration of the maiden name when there are no children involved or to a former married name when the children are from a prior marriage. If you want such a change formally incorporated into a court order, let us know before we prepare the Petition.

FINAL DIVORCE If there is no appeal, your divorce will be final 30 days after the Judge signs the Judgment of Dissolution. If the divorce is done by stipulation, it is not appealable and is final immediately.

CONFIDENTIALITY We must have all the facts to represent you properly. Our questionnaires ask basic information we need to know. Anything you tell anyone in this office is strictly confidential and will not be disclosed without your permission.

KEEPING YOU INFORMED We will make every effort to keep you informed. You will receive copies of all documents prepared or received by us. If at any time you have any question or problems, please call.

OUR PROFESSIONAL SERVICES In performing legal work for you, we provide an experienced attorney, competent support staff, modern equipment and research facilities. Your legal problems are given our continuing personal attention in an effort to obtain the best results possible in the most reasonable time and at a reasonable cost. Although we are interested in helping you resolve your personal problems, we are not trained to provide counseling services.

YOUR RESPONSIBILITIES We expect you to be cooperative and truthful. If you are not, we will not continue to represent you. We also expect you to handle your financial commitments to our office in a prompt and businesslike manner. Please notify us of any change of address or telephone number or if you learn anything that may affect your case.

GENERAL SUGGESTION Your well-meaning friends and associates may offer you advice about your case. Frequently such advice is not accurate. You should be cautious in following it. The facts surrounding your marriage, divorce, children, and property are unique and they differ from every other case. Divorce proceedings are very emotional and parties sometimes use them to seek revenge. Sometimes one parent will use the children in an attempt to punish the other parent. Prepare your children properly without poisoning their minds about your spouse. Obtain professional advice if possible. Attempt to cooperate with your spouse where the children are involved. Discuss support and property division with your spouse. Be fair.

NEW WILLS The Oregon Probate Code invalidates certain provisions of wills which were made prior to a divorce. Following the divorce you and your spouse will probably need new wills. If you wish to pursue this, please let us know.

GETTING STARTED Our initial consultation is structured to answer some of your immediate questions and give you a general idea of your rights and responsibilities in a divorce action. However, we have not accepted your case and cannot act as your attorney until you have retained us for that purpose. If you wish this office to represent you, call our office and tell them you need a "follow-up appointment" to retain me as your attorney. We keep time open for those appointments every day so you will be able to get in right away. The follow-up appointment will take about half an hour. You will need to bring to that appointment the signed fee agreement and your check for the retainer.

Perhaps something has changed since your divorce that merits a modification of your original divorce judgment–child support, child custody, parenting time or spousal support. The rules affecting what entitles you to a modification vary depending on what needs to be changed, but in general something significant needs to have happened since the divorce judgment was entered. Many reasons exist for modifications and your reason DOES NOT NEED TO MATCH the below examples, but for your reference, here are some examples of actual cases: 1. Custody: Party 1 is awarded custody. However, in the four years since the divorce Party 1 has moved a number of times, has had several different partners and has a current “live in” with a criminal history causing concerns. Party 2 has diligently exercised parenting time, has a stable home and good job. Party 2 should consult with a lawyer about changing custody. 2. Child Support: Party 1 was making good money at the time of the divorce as a business manager. A new business owner fires Party 1 and diligent efforts to replace their prior income have failed. Party 1 now has a new child from current marriage as well. Party 2 has higher income now. Party 1 should consult with a lawyer about modifying child support. 3. Spousal Support: Party 1 had superior income earning history. Party 1 promised to pay all the debts of the marriage if Party 2 did not request spousal support. Party 2 doesn’t get any spousal support in the divorce. After the divorce Party 1 files bankruptcy and discharges all of the old marital debts. Party 2 should consult with an attorney about modifying the divorce judgment to include an order of spousal support. 4. Parenting Time: Party 1 sporadically exercises parenting time due to their unstable lifestyle and possible drug use. Party 1 refuses to tell Party 2 where they are living. When Party 1 does have the children they pawn them off on others, drink and/or say bad things about the Parent 2. The children come back to Party 2 upset, irritable, with nightmares and bedwetting. Party 2 should consult with a lawyer about changing Party 1's parenting time. 5. Parenting Time: Party 1 was not awarded (or did not exercise) much parenting time because of various factors after the divorce which have changed. Party 2 will not move forward and cooperate with the exercise of Party 1's parenting time. Party 1 should consult with a lawyer about how to reestablish parenting time. 6. Real Property: Party 1 was awarded the home. Party 1 has failed to make the mortgage obligation and the house is heading toward foreclosure. Party 2 should consult with a lawyer about remedies available to them. ENFORCEMENT OF JUDGMENTS Divorce and Paternity Judgments contain provisions that often need enforcement: Child Support, Spousal Support, Parenting Time and even the return of children to their home. There are a number of legal avenues available from Contempt Actions to Motions to Enforce Parenting Time which can be explored.

UNMARRIED PARENTS/PATERNITY CASES These cases can start at many stages. Perhaps you have just had a child and don’t know what rights the other parent has. Perhaps you have been served or mailed paperwork from the Division of Child Support for the first time. Perhaps you don’t know if you are the biological parent and you want to find out. Perhaps the other parent is on the birth certificate and they or their family are pressuring you about parenting time. Perhaps the other parent has or is about to collect support but is not allowing you access to the child. Perhaps you have lived with the other party for years or never lived with the other parent at all. These cases are difficult because often trust has not been developed through long periods of co-habitation. The State of Oregon has a policy of encouraging liberal parenting time for both parents. Sometimes the need to protect a child comes into conflict with this policy. GRANDPARENT CUSTODY AND GUARDIANSHIP CASES: Unfortunately these cases are increasing as a new generation of Oregonians seems ill prepared to be parents. Drug use is the number one reason I meet with a grandparent, aunt or uncle to talk about how they can help protect the child (or children) they love. For those who are caring for long term, abandoned children we usually recommend a “Psychological Custody” Petition allowed by Oregon Revised Statute 109.119. For those struggling with a situation where they want to temporarily be a guardian until the parents overcome a drug addiction or get out of a bad relationship, I recommend a Guardianship. In instances where the child (or children) are in danger, an emergency guardianship can provide immediate protection. GRANDPARENT VISITATION If your child is unmarried or divorced and both parents are denying you access to grandchildren, you have standing to request reasonable visitation. Your visitation will be based on what is in the best interests of the child (or children. Don’t allow a long period of no-contact to occur before getting legal counsel. STEP-PARENT ADOPTION CASES In instances where the other biological parent has wholly abandoned the child (or children or in instances where the other parent consents, you can procure a step-parent adoption that completely or partially terminates the other parent’s rights. At the conclusion of the case you are issued a new birth certificate by the Department of Human Services and the child is deemed the same as if actually born to the adopting parent. Some people think that they have no chance of getting the other parent to consent to the adoption. Some change their mind when offered a forgiveness of back child support owed. Others change their mind when facing jail time for contempt for not paying support. Some come around when both a threat of sanctions or forgiveness of support are simultaneously used. PSYCHOLOGICAL PARENT CASES On occasion a party develops a parent child relationship with another parties’ child. This could be in a step-parent or grandparent setting. In the event it occurs with step-parents, divorce or separation doesn’t mean breaking up with the child. In unusual cases, you may actually be able to request and obtain custody if the other parent presents a possible risk of harm to the children. In any event, it is often easy to obtain a visitation schedule with the child even over the other parent’s objection.

 For your convenience we offer telephone consultations as well as in-office appointments