Divorce Settlement Agreements

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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.

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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 Settlement Agreements?

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

Divorce settlement agreements provide a way to enforce

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.

Divorce Settlement Agreements Are Legally Enforceable

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 Outside of Court Has Many Benefits Over a Trial

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.

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

Top Lawyers in Oregon for divorce settlement agreements.

Divorce Settlement Agreements
Frequently Asked Questions (FAQ's)

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 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.

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 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 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 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.

What are some benefits of choosing an uncontested divorce?

Uncontested divorces offer several advantages over contested ones: they tend to be quicker, less expensive, and more amicable since both parties have agreed on all terms beforehand. This process also provides increased privacy as fewer details are disclosed in public records.

Do we need lawyers to draft our settlement agreement?

While not required, having lawyers draft your divorce settlement agreement can ensure that all legal requirements are met and protect each party's interests. Lawyers can also help with negotiations and provide legal advice throughout the process.

Do we need to hire an attorney for an Oregon legal marital separation?

While it is not legally required to have an attorney for an Oregon legal marital separation, hiring one can greatly benefit both parties. An experienced family law attorney can help negotiate fair terms and ensure compliance with all necessary procedures and requirements.

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.

Do I need a lawyer for my Oregon uncontested divorce?

While not legally required for an uncontested divorce, hiring a lawyer can be beneficial in ensuring that all paperwork is filed correctly and efficiently while protecting your interests throughout the process. Legal counsel can also help address any unexpected issues that may arise during proceedings.

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.

Common Family Law Matters Our Lawyers Handle

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



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Useful Oregon Statutes For
Divorce Settlement Agreements

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

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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. Talk with a skilled Oregon attorney about your family law matter for no cost.
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