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 Firm, assistants may handle paperwork and occasional informational calls, but most of the time you will be working with your actual trial attorney.
Our office and divorce 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.
Far too many divorce and family law "mills" are simply out to settle your case as fast as possible so they can move on the next one. Pacific Family Law Firm was founded by attorneys who are used to the courtroom and don't run from it. If getting you the right result means taking the matter to a trial, we will do it. If you are ready for a trial, we won't back down either.
Divorce does not need to be a protracted process involving trials and countless hours of legal wrangling. Sometimes, parties can work directly with each other or with the guidance of skilled Oregon divorce and settlement lawyers to obtain their custom-designed divorce settlement agreement. In this case, nobody would need to go to a courthouse or have their disputes resolved in a public forum before a family law judge if the parties can agree on all aspects of their divorce. "All aspects" means resolving all parenting, money, and property-related issues. In that case, the divorce settlement agreement can be preserved in a legally enforceable document.
In Oregon, the divorce settlement agreement is then used as a basis to draft a divorce judgment that gives legal authority to the agreement's terms. The public policy of the state of Oregon is to encourage and enforce settlement agreements. To that end, the law provides mechanisms to enforce agreements that are put into writing and signed by the parties, much like any other legal contract.
Settling without court involvement provides several advantages over having a case decided in court by a judge. Perhaps most importantly, everybody knows what the terms of the settlement are. Compare this to going to court, where the parties could never have certainty about what a family law judge will decide. Second, the parties have personal knowledge and understanding of their lives infinitely better than a judge ever could. They know what's most important to them, which might differ from that decided by a judge. When working together towards a divorce settlement agreement, the parties often reach agreements that are far custom-tailored and creatively accommodating to their lives than a court ruling. Finally, settlements tend to be less expensive than trials. Divorce trials require a large amount of preparation, are costly, and have uncertain outcomes. By settling on terms without a trial, the parties avoid the anxiety, expense, and uncertainty associated with a trial.
Our Oregon divorce settlement lawyers encourage parties to consider and pursue settlement as an option. Like any successful compromise, a divorce settlement agreement is usually not going to provide either party what they set out to obtain without compromise. However, the result is one that you can help design, rather than have ordered by a judge with no input. Schedule a time with one of our experienced family law attorneys today to discuss your divorce options.
Sometimes not knowing is the most stressful part of a divorce or family law case.
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ORS 107.097(2)
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(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.
(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.
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.
(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.
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(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.
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(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.
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From dividing assets and debts, to support and child custody, we have you covered.
Family law is more than divorce. It is an umbrella of practice areas.
A lot goes into figuring out spousal support. We've done it all before.
Moving a child away from a parent is always difficult. Let us help with the law.
Custody is one of the most contested and least-understood parts of family law.
Sometimes a change in circumstances warrants a change in custody.
Sometimes there's no dispute, you just need somebody to draft the right documents.
Oregon takes child support seriously, and we can help you navigate the process.
Learn about when Oregon child support can be modified.
When there's only select things you need legal help with, we offer "unbundled" services.
Grandparents and other third parties can develop rights to see children under Oregon law. Let's discuss your circumstances.
More assets generally means more complicated divorces. We have the experience to assist with all levels of estate.
Sometimes divorce is not the right choice under certain circumstances. A legal separation might be.
Mediation can be a great way to resolve disputes without a trial or courts.
Becoming legally responsible as a father requires establishing paternity. We can help.
Like estate planning, financial clairity prior to marriage builds trust. Let us assist with your plan.
Times change, jobs change, circumstances change. Spousal support can too.
Restraining orders provide a fast means to get help for domestic violence in families.
Oregon stalking orders are serious business. If you need help with Oregon stalking law, we have experience.
Sometimes the best outcome is the one you design yourself. We can help your create a binding agreement.
There is no standardized type of "**Oregon unbundled legal service**" because attorneys handle the scope of these types of matters in a spectrum of ways, and clients have a wide variety of requirements. A client might hire an unbundled service lawyer to perform an array of tasks, from simple to complex.
Read MoreThe Oregon Child Support Calculator is a tool that uses a set of guidelines to determine the "presumptively correct" amount of child support a parent is to pay or receive. The calculator considers factors such as the gross income of both parents, the number of children involved, and the amount of parenting time each parent has. Although the amount given by the calculator is considered presumptively correct, the Court has the authority to adjust the final amount based on other factors. In Oregon, child support is mainly paid through payroll deduction, but other payment methods are available.
Read MoreThis 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.
Read MoreWe are happy to meet with you for a flat-fee, discounted consultation. Call today.
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