Frequently Asked Questions (FAQ's)

Can I have my attorney present during mediation?
Yes, you may have your attorney present during mediation sessions in Oregon. The role of an attorney during mediation is primarily advisory, providing legal guidance and support to their client throughout the process.
What is Oregon mediation in the context of family law?
Oregon mediation is a cooperative, problem-solving process in which a neutral third-party mediator helps divorcing or separating couples reach mutually satisfying agreements on issues such as child custody, parenting time, spousal support, and property division. Mediation allows parties to maintain control over their own decisions and outcomes rather than having them imposed by the court.
How do I create an enforceable prenuptial agreement in Oregon?
To create an enforceable prenup, both parties should have separate legal representation to ensure fairness and understanding of terms. The agreement must be written, signed by both parties willingly with full disclosure of financial information, and notarized for validation purposes.
Does an out-of-state or foreign protective order apply in Oregon?
Yes, under federal law called Full Faith & Credit provision all states must enforce valid out-of-state protective/restraining orders as if they were issued in Oregon. You should register your order with local authorities to ensure proper enforcement.
What happens if we cannot agree on certain issues during mediation?
If you cannot come to an agreement on all matters during your Oregon Mediation session(s), you still have the option to resolve those outstanding issues through litigation in court. Mediation can still be beneficial by resolving some issues and reducing the scope of conflict for trial.
How can I obtain visitation rights?
To obtain visitation rights, you must first establish that you have a pre-existing relationship with your grandchild and that continued contact would be in their best interest. You can then file a petition with the court requesting visitation rights and presenting evidence supporting your claim.
What is the process for divorce mediation in Oregon?
Divorce mediation involves a neutral third-party mediator who helps spouses negotiate and reach agreements on issues such as property division, child custody, and support payments. This voluntary process can save time, money, and emotional stress compared to litigation.
How often can I request an Oregon child support modification?
In Oregon, there is no specific limit on how often you can request a child support modification. However, you must have experienced a significant change in circumstances since the last order was issued or modified. It's recommended to wait at least one year between requests unless there's an urgent reason for an earlier review.
Do I have to go through mediation before modifying my Oregon child support order?
While mediation is not always required before seeking a modification of your child support order, it can be helpful for resolving disputes amicably between both parties without requiring court intervention. Some courts may also mandate mediation depending on their specific guidelines.
How do I obtain an Oregon Stalking Order?
To obtain an Oregon Stalking Order, you must file a petition with the circuit court in your county. You will need to provide evidence of stalking behavior, such as police reports, witness statements, or documentation of threats. A judge will review your case and may issue a temporary order before scheduling a hearing to determine if a permanent order is necessary.
What if my ex-spouse moves without giving proper notice?
If your ex-spouse relocates without following proper procedure, you can seek legal remedies through the court system. This could include modifying or enforcing existing custody orders, holding them in contempt of court or even seeking criminal charges for custodial interference.
Can I request genetic testing in an Oregon paternity suit?
Yes, either party may request genetic testing when trying to establish paternity. If there's already an existing court order on file, you'll need to provide sufficient reason for requesting it. In cases where no determination has been made yet, either parent or even state agencies can request genetic testing.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregonfamily law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregonfamily law and divorce Attorneys encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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Practice Areas

Learn more about the types of injuries our Attorneys help with.

Divorce

From dividing assets and debts, to support and child custody, we have you covered.

Oregon Family Law

Family law is more than divorce. It is an umbrella of practice areas.

Spousal Support (Alimony)

A lot goes into figuring out spousal support. We've done it all before.

Child Relocation

Moving a child away from a parent is always difficult. Let us help with the law.

Child Custody

Custody is one of the most contested and least-understood parts of family law.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support

Oregon takes child support seriously, and we can help you navigate the process.

Uncontested Divorce

Sometimes there's no dispute, you just need somebody to draft the right documents.

Child Support Modification

Learn about when Oregon child support can be modified.

Unbundled Services

When there's only select things you need legal help with, we offer "unbundled" services.

Grandparent Rights

Grandparents and other third parties can develop rights to see children under Oregon law. Let's discuss your circumstances.

High Asset Divorce

More assets generally means more complicated divorces. We have the experience to assist with all levels of estate.

Legal Marital Separation

Sometimes divorce is not the right choice under certain circumstances. A legal separation might be.

Mediation

Mediation can be a great way to resolve disputes without a trial or courts.

Paternity

Becoming legally responsible as a father requires establishing paternity. We can help.

Prenuptial Agreements

Like estate planning, financial clairity prior to marriage builds trust. Let us assist with your plan.

Spousal Support Modification

Times change, jobs change, circumstances change. Spousal support can too.

Restraining Orders

Restraining orders provide a fast means to get help for domestic violence in families.

Stalking Orders

Oregon stalking orders are serious business. If you need help with Oregon stalking law, we have experience.

Divorce Settlement Agreements

Sometimes the best outcome is the one you design yourself. We can help your create a binding agreement.

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