Frequently Asked Questions (FAQ's)

How does one establish paternity in Oregon?
In Oregon, paternity can be established voluntarily by both parents signing a Voluntary Acknowledgment of Paternity (VAP) form at or shortly after the child's birth. Otherwise, it can be established through a court order via genetic testing or other evidence.
Can I protect my separate property from being divided during a high asset divorce?
Yes, separate property (assets acquired before marriage or through inheritance/gifts) generally remains with its original owner during a divorce. However, commingling of separate property with marital assets may make it subject to division; thus proper documentation of these assets' ownership history is crucial for protection.
Are prenuptial agreements legally enforceable in Oregon?
Yes, prenuptial agreements are legally enforceable in Oregon if they meet certain requirements. Both parties must fully disclose their assets and liabilities, the agreement must be entered voluntarily without coercion or fraud, and it should not be unconscionable or heavily favor one party over the other.
What types of restraining orders are available in Oregon?
In Oregon, there are three main types of restraining orders: Family Abuse Prevention Act (FAPA) orders for domestic violence victims, Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) orders for vulnerable adults, and Sexual Abuse Protective Orders (SAPO) for survivors of non-intimate partner sexual assault.
How do I know if unbundling is right for my case?
Consider unbundling when you feel confident handling some aspects but need guidance on complex issues or procedures. Discuss your case with an attorney experienced in offering unbundled services to determine its suitability and set clear expectations.
How much do Oregon Unbundled Services cost?
Costs vary depending on the scope of services needed and attorneys' rates but are typically lower than traditional full-service representation. You only pay for the specific tasks the attorney performs rather than a retainer covering all aspects of your case.
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.
Can we modify our existing prenuptial agreement after getting married?
Yes, you can modify your existing prenup after marriage through a post-nuptial agreement if both parties agree to changes; however, it should still meet all requirements outlined above for enforceability in court.
Does a prenup protect me from my spouse's debts?
Generally speaking, yes - a properly executed prenup can protect you from your spouse's debts; however, there are exceptions where a creditor may still seek repayment from both spouses, such as jointly held debts or taxes owed.
When might I need Oregon Unbundled Services?
Unbundled services can be beneficial if you cannot afford full representation or prefer handling some tasks independently. Examples include drafting documents, consulting on strategy, negotiating settlements, or representing you in court for specific hearings.
Can grandparents obtain legal rights for visitation with their grandchildren?
In some cases, grandparents may petition for visitation rights with their grandchildren under specific circumstances such as when one or both parents are deceased or unable to care for the child. However, grandparents must prove that visitation is in the best interest of the child.
What if I don't have enough evidence to prove stalking behavior?
Even without concrete evidence, it is essential to report stalking incidents to law enforcement and document any occurrences. In some cases, the police may be able to gather additional evidence through investigation, and a judge may still issue a temporary order based on your testimony. Additionally, evidence is cumulative for up to two years back in time, so just because insufficient evidence is present currently, it may still be of assistance if there are further incidents in the future.

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!

Understanding Temporary Support During An Oregon Divorce

This article explains the process of obtaining temporary support during a pending divorce in Oregon, highlighting legal procedures and considerations.

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Understanding Oregon Writs Of Assistance In Family Law

A Writ of Assistance is a powerful court order used in Oregon family law to enforce judgments, often involving the retrieval of personal property or ensuring compliance with custody orders. This article explores its applications and the legal framework supporting it.

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Oregon's Paraprofessional Licensing Program: Expanding Access To Legal Representation

The Oregon State Bar is considering a new paraprofessional licensing program that would permit qualified paralegals to represent clients in specific family law and landlord-tenant cases, aiming to improve access to legal services.

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Navigating Child Custody And Pet Ownership In Oregon Divorces

Oregon divorces present unique challenges when determining custody of children and pets. This article explores how the law differentiates between the two and offers guidance on navigating these issues.

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Understanding Your Entitlements In An Oregon Divorce

Explore the intricacies of property division, spousal support, and child custody in Oregon divorces. Learn what you may be entitled to during the dissolution of marriage.

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Understanding Attorney Fee Awards In Oregon Divorce Cases

In Oregon, courts can order one spouse to pay the other's attorney fees in divorce cases, but such awards are exceptions rather than the rule. Key factors influence these decisions.

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How To Obtain A Child Restraining Order In Oregon

Learn how parents can secure a restraining order under the Oregon Family Abuse Prevention Act to protect their children from abuse.

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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.

Schedule A Consultation

We are happy to meet with you for a flat-fee, discounted consultation. Call today.

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