Clients always want to know the duration and the price of an Oregon divorce. Unfortunately, this is tough to answer without consulting on the case, although a widespread question.

Lawyers charge on an hourly basis, meaning the price of your divorce is related to the amount of time your lawyer spends working on the matter. There are also some court costs associated with the filing of a divorce, or other family law matters, in the state of Oregon. As a general rule, the higher the number of issues that are in dispute in your circumstance, the higher the fees. This is simply because the attorney will need to spend more time working on your matter.

Couples that can solve all issues may be able to do so without the need of a lawyer. Or, they may simply use a lawyer to draft appropriate paperwork. However, if a divorce goes to trial or has multiple hearings in court, the costs will grow accordingly. Because going to court is comparatively expensive, most cases settle without going to trial.

The length of the divorce also depends on whether the case goes to trial. A complete divorce could be finished as little as two weeks (or even less!) if the parties have agreed on most of the matters and only require the drafting of a judgment. However, when the matter involves court time, the schedule is often at the mercy of the court, which can be lengthy given the court's caseload. While most contested cases resolve within nine months, outlier cases can last more than a year.

Let us evaluate your case at a flat-fee initial consultation. We will attempt to give you a ballpark assessment of how much your matter would cost at every step and discuss the specifics of your case, which could make it more or less costly.

Background of Oregon Child Custody

Child custody is one of the most contentiously and contested issues in Oregon family law cases. Misconceptions about what "custody" actually means tend to meld with advice from well-meaning friends and family and with conflicting information from web sources that might not even reflect Oregon law.

What is Oregon Custody?

Legal "custody" of a child in Oregon is not nearly as sweeping a status as many tend to believe. It is not a "super parent" status that allows a custodial parent to make unilateral moves for the child that involve relocation or schedule changes. In short, legal custody refers to decision making authority on three significant issues: 1. Education - for instance, if there is a dispute regarding which of two available public schools a child would attend, the custodial parent would have the final "tie-breaking" vote. 2. Healthcare - in non-emergency circumstances, the custodial parent may determine major medical questions, like selecting which primary care pediatrician the child uses. 3. Theological training - again, for example, this would entail determining as to whether a child went to a religious school or a public school. (Note that this custodial decision says nothing about the who would pay for a private religious school.)

Unpacking the Two Types of Oregon Child Custody

There are two separate types of custody in Oregon: full legal custody and joint custody. Full custody is where one parent has the entire "tie-breaking" decision making authority, as referenced above. In joint legal custody, neither parent has any more power than the other; all determinations as to primary education, healthcare, and religious training must be by agreement of the parties. Joint custody can only come about by agreement of the parties. The court cannot force it.

By contrast, sole ("full") legal custody, if not agreed to, must be decided on by the court. When doing this, the court must take the child's best interest or children into account and apply factors as prescribed by Oregon law. In determining custody, Oregon law specifies what factors the court must evaluate and consider when deciding who should be the sole custodial parent at ORS 107.137: - a) The emotional ties between the child and other family members; - (b) The interest of the parties in and attitude toward the child; - (c) The desirability of continuing an existing relationship; - (d) The abuse of one parent by the other; - (e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and - (f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

When the parties cannot agree on joint custody, the court has no option but to decide on one parent to be awarded sole custody by applying these factors. If a case goes to trial, a court will often recite the statutory factors they considered when making their ruling and awarding custody. However, not all cases go to trial. Most do not. If parties agree on a custody arrangement, without the need for a judge to weigh the custody factors, the court will honor that decision in any final judgment. Parties can come about an agreement by themselves, with the help of attorneys, or even through a mediated settlement.

Changing Oregon Custody

Once custody is decided, or agreed-to for one parent, changing custody is substantially harder than establishing it. The court requires a "substantial and unanticipated change in circumstances," generally, which are to the detriment of a child.

Get Legal Help From Custody Law Experts

Custody issues are tricky and require knowledge of the law to present the relevant evidence in a contested case. If you need help with your Oregon custody case, contact an experienced Oregon custody lawyer at brittle.law to set up a consultation.

Q: What does a family law lawyer do? What is "Oregon family law?"

A: “Oregon Family law” is an umbrella term that refers to the practice of law that involves common domestic and family issues. While it is often associated with Oregon divorce, "family law" covers far more. Common family law issues include child custody, parenting time (visitation), step-parent adoptions, spousal support, child support, restraining orders and stalking orders, prenuptial agreement, grandparent rights, and far more.

Modern families come in all sizes and arrangments, and the term "family law" simply refers to the practice of law that helps those families within the Oregon court system.

What is Oregon divorce mediation?

When going through a divorce, tensions are already high. Emotions are high; feelings are hurt. The last thing that helps this circumstance is litigation, where the parties are forced to take positional roles that are adverse to each other, with a judge deciding on "who is right." By contrast, mediation is about building agreements and consensus. Rather than having a judge tell you the decision, a skilled Oregon mediator will help guide the parties to agree on their own. For couples going through a divorce, this is often an excellent way to reduce the level of conflict and create a resolution that works for the family.

While certainly not free, mediation can also be an excellent investment if it cuts a lengthy and far more costly litigation cycle of trial preparation and trial. Further, the reduction of tension and faster resolution, if successful, can have many longer-term benefits for families with children. By improving the ability to communicate at seem level, it may foster an environment that parents can work on other conflicts in the future to resolve issues involving the children.

Every county in Oregon is required to offer some divorce mediation to litigants. These mediation processes are connected to the court process. Still, they are outside the routine litigation that occurs within the court process itself. All mediation requirements may be satisfied by utilizing a private mediator independently hired by the parties.

How does Oregon divorce mediation work?

In the Portland, Oregon metropolitan area, each of the three counties has its own mediation services required during a divorce: -  Multnomah County Divorce Mediation: Under Multnomah County Supplementary Local Rule 8.031(1): In any domestic relations case, all parties are required to participate in some form of appropriate dispute resolution, including mediation, arbitration, judicial settlement conference, or a neutral-assisted settlement conference… - Clackamas County Divorce Mediation: Divorce mediation is voluntary - Washington County Divorce Mediation: Washington county Supplementary Local Rule 12.011 require: Mandatory Mediation: Any action filed in the court involving a controversy over custody or parenting time of minor children shall be subject to mediation - Outside the trip-county metropolitan area, each county has it’s own requirements which can be evaluated in the county supplementary local rules.

Mediation vs. Arbitration - What's the Difference?

Mediation and arbitration are both alternative dispute resolution methods ("ADR") but are very different processes. Arbitration is more like a less formal trial and does not take place in a courtroom. In arbitration, an "arbitrator" fills the role of a judge in a courtroom and makes decisions about the case. By comparison, mediation is a process where a mediator facilitates negotiations and helps bring about agreement on disputed issues. Unlike an arbitrator, a mediator does not have any decision making authority in the case. While a good mediator can facilitate an agreement, they cannot force a resolution.

Why mediate before or after a divorce?

Minimizing conflict both during and after a divorce should be essential for parties, particularly those with children. Mediation provides a useful tool for resolving disputes without the need to enter a public forum (a courtroom) and inflame tensions by leveling allegations at each other. Mediation allows the parties to take part in the development and agreement of their resolution. This lowing of strains can have long-term benefits for the parties' emotional well-being and foster a better co-parenting relationship after the divorce process is complete. Similarly, or utilizing mediation after the divorce process is complete before returning to court for later disputes, the parties may continue to resolve future issues without costly or hurtful litigation.

Mediation For Conflict Resolution After Divorce

Conflict reduction during and after divorce Minimizing conflict is a primary benefit of mediation during a divorce. The ability to do this can not only make the divorce itself less complicated, but it can set up a more positive atmosphere for after the divorce. For people who must co-parent after the divorce, this can be highly beneficial and in children's best interests.

Is it worth getting a divorce lawyer?

This question is standard, though completely subjective and fact-specific. It is certainly possible for people to do divorces independently, and the court even provides paperwork to the public to do so. However, unfamiliarity with legal forms can confuse the inexperienced, and mistakes can result in more considerable legal fees in the future to correct the errors.

When there are more complex issues involving children, custody, and real property or more extensive assets, getting the expert legal opinion from an experienced Oregon divorce lawyer is almost certainly a good idea.

While not an exhaustive list, experience has shown that the best Oregon divorce lawyers consistently display a handful of traits. These are the hallmarks that tend to create the client's best knowledge and are most likely to lead the client to their goals. It is common for people to want a "pitbull" or some other cliched characterization of a lawyer to represent them. However, these are the traits that, in practice, are the most likely to obtain positive results.

1. Experience. The best Portland, Oregon divorce lawyers are going to have plenty of experience. Knowledge is not something that can be cut short. Having handled at least dozens, and hopefully, hundreds of cases lead to a level of familiarity with Oregon family law that provides a sense of what a reasonable outcome is with a particular fact pattern. Underlying this sense is the trial and court experience, having seen what judges tend to do with specific fact patterns. The best Oregon divorce attorneys tend to use this experience to predict a range of possible outcomes, focusing your attention on the most likely while making you aware of the lesser possibilities.
2. No Guarantees. The Top Oregon divorce attorneys will not guarantee a particular outcome in your case. If there is one thing that experience in divorce litigation should teach any attorney, no result is assured. Sometimes even the most seemingly "clear" cases don't turn out as expected, and even issues that seem to have poor facts turn out better than hoped. Given the subjective nature of families and their structures, assets, debts, and goals, the outcome is never clear until a judge decides the outcome. If an attorney guarantees a result, this should be a red flag. As discussed earlier, the best Portland, Oregon divorce attorneys will generally present a range of outcomes, not a guarantee.
3. Focused on client goals. Perhaps one of the most overlooked traits of the top Oregon divorce and family lawyer is that they listen carefully to clients' goals, not just focusing what they believe to be best for you. Your lawyer should be on your side. This means that they should explain your risks and work towards your best outcome. However, sometimes just because obtaining a particular result is possible, it's not what a client wants. For instance, it might be that a client is an excellent candidate to receive a large amount of spousal support, but does not want to pursue it. The lawyer should explain the risks of not pursuing that and listen to why the client does not wish to pursue it. Maybe the client has other assets available to them, and they think that the money issue would be damaging to the family relationship. Perhaps there is value to the client in reducing familial conflict. The best Oregon divorce lawyer will listen to your goals and pursue those, not their own.
4. Keeping you informed. Top divorce lawyers are going to keep you informed. This is your case, your life, your family. Even if a lawyer is working hard behind the scenes, that doesn't help relieve the anxiety you may feel in the meantime. A lawyer should keep you informed about correspondence and discussions they are having with opposing counsel and make sure that you are getting copies of documents filed with the court. Even emails that are sent between attorneys should make their way into your file. If you aren't staying informed, you similarly aren't able to provide the attorney with relevant thoughts or information that might shape the case for your goals.
5. Clear Billing. One of the most challenging issues for any attorney/client relationship is that of money. It's no secret that divorces can be expensive, and issues of attorney fees and costs can drive a wedge between an otherwise productive relationship between lawyer and client. The top Oregon divorce lawyers are going to be transparent with their billing. An explicit fee agreement upfront should outline how time and expenses will be billed. Regular statements and invoices to the client should itemize work performed to understand how their retainer or other payments are being used.
6. Honesty. The best Portland family law attorneys will always be honest about your case. Lawyers usually went into law school with the idea that they wanted to help people. They are natural problem solvers. As a result, it's sometimes difficult to admit to themselves or their clients that they cannot fix a situation. Sometimes clients have poor cases. The facts are insufficient. The client is unlikely to get the outcome they would like. The top family law and divorce lawyer will level with the client and provide problematic information upfront. Providing an honest assessment of the case is most critical upfront, so a client is not led to spending thousands of hard-earned dollars to pursue an improbable outcome.
7. Organization. Organization is a hallmark of the most successful Oregon divorce lawyers. Keeping client files complete with all correspondence, pleadings, and discovery is a surprisingly work-intensive process. However, the best Oregon divorce lawyers develop systems to not only organize but also maintain accessibility to all parts of your case file. Organization from the start makes it likely that negotiations or trial, if necessary, are also organized. That necessary evidence makes its way in front of a judge in a way that can assist your case. Lost items help nobody.

When a parent gets remarried, the stepparent may assume the role of caretaker for the stepchildren. Yet, what rights does a stepparent have in an Oregon divorce? With one in three marriages ending in divorce, according to the Oregon Health Authority, it's a question more and more families are grappling with.

Oregon law mandates that biological parents, adoptive parents, and legal guardians have a legal obligation to provide for their children's financial, emotional, physical, psychological, and health needs. However, stepparents do not automatically have the same rights as a biological or adoptive parent.

While the presumption is that the legal parent is in the best interest of the child, stepparents can overcome that presumption by demonstrating their relationship with the child meets the psychological parent doctrine. Under this doctrine, a stepparent who establishes an emotional parent-child relationship with the stepchild may petition for custody or visitation time on the same footing as the child's parent.

Oregon law allows stepparents to seek custody or parenting time in a divorce. However, the stepparent must show evidence that they are the primary caretaker, that the legal parent encouraged or fostered the relationship with the stepchild, that the legal parent unreasonably limited contact between the stepparent and stepchild, or that the legal parent is unable or unwilling to take care of the stepchild.

If the stepparent adopted the stepchild during the marriage, they have the same rights as the legal parent. In such cases, both parents have equal rights and responsibilities to the custody and control of the children. The stepparent can seek custody or parenting time as a legal parent and has the right to seek child support from the other parent if awarded custody.

As the number of blended families continues to rise, it's crucial to understand the complexities of stepparent rights in an Oregon divorce. At #PacificFamilyLawFirm, we're dedicated to providing compassionate and informed guidance for all family law matters.

What is the Oregon Child Support and how does it work?

Child support in Oregon is simply money paid by one parent to another to support a child or children. The amount of support is determined by a calculator based on Oregon law. The Oregon Child Support Calculator is a tool used to calculate the "presumptively correct" amount of child support that a parent is to pay or receive. The calculator uses a set of guidelines established by the state and the legislature to determine the correct amount of child support under Oregon law. Absent deviations for other factors determined by the Court, the amount that the calculator provides given the correct inputs will likely be the amount ordered by the Court.

The Oregon Child Support Calculator

To use the Oregon Child Support Calculator, you must input certain information about both parents, including their income and parenting time. The calculator is available to the public online for free, and will use this information to determine the amount of child support payments one parent must make to another. Custody is not a factor in the calculator, so depending on the financial and parenting time inputs, a custodial parent could still end up paying support non-custodial parent.

The Oregon Child Support Guidelines use a formula that considers the gross income of both parents, the number of children involved, and the amount of parenting time each parent has. Other factors used in the calculation include childcare, health insurance, union dues and non-joint children.

The guidelines are designed to ensure that the child's needs are met while also considering the financial situation of both parents. The goal is to provide a fair and reasonable amount of child support based on the specific circumstances of each case.

Can the amount of child support change from the calculation?

Though the amount output by the formula is considered presumptively correct, the Oregon Child Support Calculator does not guarantee a specific amount of child support. The Court has authority to adjust the final amount of support based on stipulation of the parties or by numerous other factors that may be considered the Court. These "rebuttal factors" are provided in the Oregon administrative rules in the Child Support Guideline Rules 137-050. It's essential to consult with an attorney or other legal professional if you have questions or concerns about your child support case.

How are child support payment made?

In Oregon, child support is predominantly through payroll deduction, with employers withholding the support amount from parents' paycheck and then forwarding it to the Oregon Child Support Program. Alternative payment methods include: - cash - check/money order - credit/debit card - electronic check - electronic payment withdrawal Payments on behalf of someone else require a child support case number and the name/address of the paying parent. Adults in custody who owe past-due child support can make payments through the Department of Justice and Department of Corrections interface, with 15% of eligible deposits being withheld for court-ordered financial obligations. This percentage is split into 5% deposited into a transitional savings account and 10% collected for court-ordered financial obligations, with priority given to restitution and civil judgments, then child support obligations. Once the savings account reaches $500, the entire 15% is collected for court-ordered financial obligations.

Divorce and Personal Injury Settlements: What You Need to Know

Personal injury cases can be complicated, emotional, and time-consuming. When you add divorce into the mix, things can quickly become even more complicated. Divorce can have a significant impact on the outcome of a personal injury settlement, so it's essential to understand the potential implications.

If you're going through a divorce and have received a personal injury settlement or are in the process of settling a claim, there are a few things you need to keep in mind. Here are some of the most important factors to consider:

The type of settlement you receive matters

The type of settlement you receive can impact how it is divided in a divorce. For example, if you receive a lump sum settlement, which has been incorporated into other marital assets, it may be subject to equitable distribution in a divorce. On the other hand, if you receive structured settlement payments, those payments may be considered separate property and not subject to division in a divorce.

Timing matters

The timing of your personal injury settlement in relation to your divorce can also impact how it is divided. If you settle your personal injury claim before filing for divorce, the settlement may be considered marital property subject to division in a divorce. If you settle your claim after filing for divorce, the settlement may be considered separate property.

The role of insurance companies

Insurance companies can complicate matters even further. If your personal injury settlement includes compensation for medical bills paid by your health insurance company, your health insurance company may be entitled to a portion of your settlement.

The Importance of Working with an Experienced Personal Injury Attorney

Given the potential complexities involved in personal injury settlements and divorce, it's crucial to work with an experienced personal injury attorney. Your attorney can help you navigate the process, understand your legal rights, and ensure that you receive the best possible outcome. You should seek the help of an experienced personal injury attorney in addition to your divorce lawyer. For example, if you were injured in a car accident, you need an attorney who is skilled in helping clients injured in car accidents, not just family law matters.

An experienced attorney can also help you avoid common mistakes that could cost you significant amounts of money. For example, failing to consider the tax implications of your settlement or agreeing to a settlement that doesn't account for future medical expenses could be costly mistakes.

Final Thoughts

Personal injury settlements and divorce can be complicated, but they don't have to be overwhelming. By working with an experienced personal injury attorney, you can ensure that your legal rights are protected and that you receive the best possible outcome.

If you're going through a divorce and have received a personal injury settlement or are in the process of settling a claim, don't wait to seek legal guidance. Contact a reputable personal injury attorney today and get the support you need to navigate these complex legal matters.