Oregon Family Law

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The emotional toll of stress related to any family law issue, , including an Oregon oregon family law, can be exhausting without litigation. Let us take care of the law. You take care of you.
With Pacific Family Law Firm, you can expect a lot.

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 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.

2. Streamlined Representation

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.

3. Honest Assessment of 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.

Oregon Family Law?

Our attorneys are ready to help with your oregon family law case.

What is Oregon family law?

“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.

A paper cutoout of a family walking into a sunset with a gavel in the background denoting Oregon family law services.

Oregon Family Law
Frequently Asked Questions (FAQ's)

Can I modify my child support payment after my divorce has been finalized?
In Oregon it is possible to modify your child support payments if there has been a significant change in circumstances since the original order. This may include changes in income, cost of living, or the needs of the child. You must file a motion with the court that issued your original support order and provide evidence of these changes.
What are my rights as a grandparent regarding visitation with my grandchildren?
In Oregon, grandparents have limited rights to request visitation with their grandchildren. If you can prove that it's in the best interest of the child and that an ongoing relationship exists or existed between grandparent and grandchild, you may petition for visitation rights through the court system.
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.
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.
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 is child custody determined in Oregon?
Child custody decisions are based on the statutory requirements listed at ORS 107.137. These requirements include the best interests of the child, considering factors like emotional bonds with parents and siblings, abuse by one parent, stability of home environment, and each parent's ability to meet the child's needs.
What is the process for filing a divorce in Oregon?
To file for divorce in Oregon, one spouse must be a resident of the state for at least six months prior to filing. The process begins by filing a petition for dissolution of marriage with the county court where either spouse lives. The other spouse is then served with the papers and has 30 days to respond. If both parties agree on all matters, they can submit a stipulated judgment to finalize the divorce.
How does spousal support work in Oregon?
Spousal support (also known as alimony) may be awarded based on factors such as length of marriage, financial resources of each party, earning capacities, standard of living during marriage, and contributions made by one party towards education or career advancement opportunities for the other party. There are three types: transitional (short-term), compensatory (reimbursement), and maintenance (long-term). Spousal support amounts and duration are determined at a judge's discretion.


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Useful Oregon Statutes For
Oregon Family Law

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

Services

Pacific Family Law Firm is focused on one area of law: family law. From divorces to child support to spousal support to custody modifications, we're ready to help. Whether your your case has been open for years and is having a judgment modified, or if you have never had an attorney before and are just figuring out how to proceed with a divorce or other family change, we will take care of you.

Oregon Family Law & Divorce Blog

At Pacific Family Law Firm in Oregon, staying current on the latest developments in Oregon divorce and family law topics is a top priority. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law Attorneys encounter to news headlines that impact Oregon families. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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