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 attorney 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 lawyers 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.
Under relatively uncommon circumstances, parties who would otherwise seek a divorce instead choose to legally separate. The law in Oregon provides a method for married parties to separate their assets and perform most of the same divorce procedures without legally divorcing.
Procedurally, a legal separation is not that much different from an Oregon divorce. Marital property is divided. Child issues, including child support, child custody, and parenting plans are established. Finally, spousal support may also be awarded. At the end of a marital separation, the parties will be separated legally separated under the law, but are still married. When legally separated, neither party can remarry.
It is not unusual for clients to call our firm inquiring about legal separation in Oregon. While there are certain circumstances where it makes sense, generally, legal separation is not the best option. However, under the appropriate circumstances, legal separation can provide a workable solution for families in transition. Schedule an appointment with our experienced family law lawyers to discuss your particular circumstances and whether this is the correct solution for you.
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(1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
(2) A judgment for separation may be rendered when: (a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage; (b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as spouses, and the court finds such agreement to be just and equitable; or (c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest.
(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.
(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.
(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.
(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.
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.
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