Divorce

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The emotional and financial stress from family law matters, including divorce, can be overwhelming. Let us handle the legal complexities while you focus on your family's future.

With Pacific Family Law Firm, you can expect exceptional representation.

1. Talk to Lawyers

In most firms, it is the staff that handles the bulk of your case. You end up dealing with paralegals, assistants, or clerks instead of the lawyer you signed up with. At Pacific Family Law and Divorce, assistants may handle the paperwork and occasional informational calls, but most of the time, you will be working with your actual trial attorney.

2. Streamlined Representation

Our office and family law attorneys have built the firm from the ground up with efficiency in mind. Paperless, custom-built data centers for instant access to all file information, and flexible communication by phone, email, and even secure instant messaging. We want you to be able to participate as part of the team in your case.

3. Honest Assessment of Case

Far too many family law "mills" are out to settle your case as fast as possible so they can move on to the next. Pacific Family Law Firm was founded by lawyers who are used to the courtroom and don't run from it. If getting you the best outcome for your family law matter means taking the case to trial, we will do it. If you are ready for a trial, we won't back down either.

Divorce?

The best Oregon divorce attorney for you is the lawyer that gets the outcome you want.

How does Oregon divorce work?

The Oregon divorce process is generally a process of resolving issues related to what is called “the marital estate,” that is, things that have come into the marriage, whether property or money. With a few exceptions, an Oregon divorce court can divide all personal property that is part of the marital estate, including bank accounts and retirement accounts. Additionally, issues relating to children of the marriage are addressed, including custody, child support, parenting plans, and a determination of spousal support if appropriate. Further, the court has the authority to resolve real property issues, whether it is to be retained by one of the parties or sold on the open market.

Because the court has such broad authority to divide assets and establish plans for your family, the best Oregon divorce attorneys are going to thoroughly discuss all aspects of your assets and debts, your goals concerning personal property, and of course, your goals regarding custody and parenting of your children. Before a divorce is finalized, all issues that apply to your case, whether they be money or child-related, will need to be resolved and reduced to a final judgment (the legal document that finalizes your divorce). Additionally, your divorce (sometimes called a “dissolution” or “marital dissolution”) may require additional specialized language in the divorce judgment, mainly when retirement accounts or pensions are divided.

There are many ways to reach a divorce resolution.

There is no single way to resolve a divorce case, and sometimes many different processes might get used. Probably the most familiar is traditional litigation, where parties go to court. Interestingly, very few cases resolve with a trial. Instead, mediation or other settlement methods are often utilized. Parties sometimes already know precisely how they want to address the issues and use our services to draft documents for what is called an “uncontested divorce.”

There is no doubt that the process can be disorienting, especially given the emotionally charged subject matter. It is essential that your divorce attorney - your advocate - can effectively explain your options and answer your questions as they occur. The best Oregon divorce lawyers will listen carefully to your goals and requests, and provide candid advice along the way.

Talk to one of our Portland, Oregon divorce lawyers today to discuss your specific circumstances. We can help and provide guidance throughout your divorce, regardless of which resolution processes you end up using. From the first filing of your divorce papers to settlement discussions and negotiations to trial, we’ll be on your side. Our experienced divorce attorneys will help you at every phase.

Each divorce case has facts that make it distinct from others, requiring careful evaluation by a skilled divorce attorney to advise on your matter. Getting you the best possible result is our top priority. Call us for a free legal evaluation today.

Best-Rated Lawyers in Oregon for divorce.

Divorce
Frequently Asked Questions (FAQ's)

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.

What are the main components of an Oregon Divorce Settlement Agreement?

An Oregon Divorce Settlement Agreement includes provisions on division of assets and debts, spousal support, child custody and parenting time, and child support. Both parties must agree on the terms before submitting the agreement to the court for approval.

What is an Oregon Divorce Settlement Agreement?

An Oregon Divorce Settlement Agreement is a legally binding contract between spouses detailing the terms of their divorce, such as division of assets, child custody, and spousal support. It must be agreed upon by both parties and approved by the court.

What is an Oregon uncontested divorce?

An Oregon uncontested divorce occurs when both spouses agree on all issues related to their separation, such as child custody, spousal support, and property division. This type of divorce typically requires less time and expense compared to a contested divorce. Both parties must complete and submit the necessary paperwork to the court for approval.

Do I need an attorney for my Oregon divorce?

While it is not required to have an attorney during your divorce process in Oregon, having legal representation can be beneficial as they will ensure your best interests are protected and guide you through complex legal processes involved in matters like property division, child custody arrangements, and spousal support.

How do I create a Divorce Settlement Agreement in Oregon?

To create a Divorce Settlement Agreement in Oregon, you and your spouse should discuss and agree on all relevant issues. You may use mediation or collaborative law to come to an agreement. Once agreed upon, it should be written down and signed by both parties.

How does child custody work within an Oregon Divorce Settlement Agreement?

Child custody arrangements are included in your Oregon Divorce Settlement Agreement. Custody can be joint or sole depending on what's best for the child(ren). A parenting plan outlining visitation schedules should also be included.

What happens if we can't agree on a Divorce Settlement Agreement?

If you cannot agree on a Divorce Settlement Agreement in Oregon, your case will go to trial where a judge will decide the terms of your divorce. This can be more costly and time-consuming than reaching an agreement outside of court.

How are assets divided during an Oregon divorce?

Oregon follows an equitable distribution model when dividing assets during a divorce; this means property will be divided fairly but not necessarily equally between spouses. Courts consider factors like income potential, contribution to acquisition or preservation of assets, length of marriage, and tax consequences when determining how to divide property.

Can we divide our property during a legal marital separation?

Yes, you can divide your property during an Oregon legal marital separation by negotiating terms that outline how assets will be divided between both parties. Once agreed upon by both spouses, this arrangement should be submitted to the court for approval as part of your final judgment.

How are assets divided in an Oregon high asset divorce?

Oregon is an equitable distribution state. This means that marital assets are divided fairly and equitably between the divorcing parties, taking into consideration factors like each spouse's earning capacity and contributions to the marriage. This does not necessarily mean a 50/50 split; rather it depends on what the court deems fair under the circumstances.

How long does it take to finalize a divorce in Oregon?

The length of time to finalize an Oregon divorce depends on various factors such as cooperation between spouses, complexity of asset division, and scheduling issues within the court system. Uncontested divorces can be finalized within weeks after filing while contested divorces may take several months or longer.

Common Family Law Matters Our Attorneys Handle

Oregon Attorneys for Divorce family law matters.
  • Paternity Establishment
  • Adoption Proceedings
  • Child Support Modifications
  • Domestic Relations Orders
  • Legal Separation
  • Divorce Proceedings
  • Prenuptial Agreements
  • Child Custody Disputes
  • Spousal Support Determinations
  • Property Division
  • Restraining Orders
  • Post-Divorce Modifications
  • Parenting Plans



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Useful Oregon Statutes For
Divorce

Ex Parte Temporary Custody Or Parenting Time Orders


ORS 107.097(2)

...

(a) A party may apply to a court for a temporary protective order of restraint by filing with the court an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, conforming to the requirements of ORS 109.767. (b) Upon receipt of an application under this subsection, the court may issue a temporary protective order of restraint restraining and enjoining each party from:

(A) Changing the child’s usual place of residence;

(B) Interfering with the present placement and daily schedule of the child;

(C) Hiding or secreting the child from the other party;

(D) Interfering with the other party’s usual contact and parenting time with the child;

(E) Leaving the state with the child without the written permission of the other party or the permission of the court; or

(F) In any manner disturbing the current schedule and daily routine of the child until custody or parenting time has been determined.


Read Full Text: ORS 107.097

Parenting Plan


(1) In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator), there shall be developed and filed with the court a parenting plan to be included in the judgment. A parenting plan may be either general or detailed.

(2) A general parenting plan may include a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis. However, a general parenting plan must set forth the minimum amount of parenting time and access a noncustodial parent is entitled to have.

(3) A detailed parenting plan may include, but need not be limited to, provisions relating to:

(a) Residential schedule;

(b) Holiday, birthday and vacation planning;

(c) Weekends, including holidays, and school in-service days preceding or following weekends;

(d) Decision-making and responsibility;

(e) Information sharing and access;

(f) Relocation of parents;

(g) Telephone access;

(h) Transportation; and

(i) Methods for resolving disputes.


Read Full Text: ORS 107.102

Provisions Of Judgment


ORS 107.105 is a huge statute that provides detailed provisions governing not only the provisions of a divorce or separation judgment but also provisions regarding attorney fees. Rather than quote select parts, the statute may be reviewed in its entirety at the link below.


Read Full Text: ORS 107.105

Vacation Or Modification Of Judgment


(1) The court may at any time after a judgment of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required under subsection (9) of this section:

(a) Set aside, alter or modify any portion of the judgment that provides for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108 (Support or maintenance for child attending school), including any health or life insurance provisions, for the support of a party or for life insurance under ORS 107.820 (Support order as insurable interest) or 107.830 (Physical examination may be ordered);

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the judgment was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the judgment;

(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;

(d) After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school); and

(e) Set aside, alter or modify any portion of the judgment that provides for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph.

...


Read Full Text: ORS 107.135

Factors Considered In Determining Custody Of Child


(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment), the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(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.

...


Read Full Text: ORS 107.137

Proceeding To Determine Custody Or Support Of Child


(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065 (Establishing parentage), or if a child is born to a married person by a person other than the birth mother’s spouse and parentage between the person and the child has been established under ORS 109.065 (Establishing parentage), either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 (Forms for restraining order and request for hearing) to 107.449 (Transfer of proceeding under ORS 107.135 to auxiliary court) that relate to custody, support and parenting time, the provisions of ORS 107.755 (Court-ordered mediation) to 107.795 (Availability of other remedies) that relate to mediation procedures, and the provisions of ORS 107.810 (Policy), 107.820 (Support order as insurable interest) and 107.830 (Physical examination may be ordered) that relate to life insurance, apply to the proceeding.

...


Read Full Text: ORS 109.103

Rights Of Person Who Establishes Emotional Ties


(1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.

(2)(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child.

(b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection.

(c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section.

(3)(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.

(b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order.

(4)(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(B) Circumstances detrimental to the child exist if relief is denied;

(C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor;

(D) Granting relief would not substantially interfere with the custodial relationship; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

(b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The legal parent is unwilling or unable to care adequately for the child;

(B) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(C) Circumstances detrimental to the child exist if relief is denied;

(D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

...


Read Full Text: ORS 109.119

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We practice exclusively in family law and divorce matters. Whether you're facing divorce, child custody disputes, spousal support issues, or other family law matters, our experienced Attorneys will thoroughly evaluate your situation and help you navigate the complexities of Oregon family law. We provide compassionate legal representation while protecting your rights and the best interests of your family. Speak with a skilled Oregon lawyer about your family law matter for no cost.
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