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 lawyers 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.
An Oregon “uncontested” divorce is the most common term used to refer to those divorces where the parties know precisely their agreement. That is, they don’t disagree on any terms - whether property division, child custody, spousal support, child support - that would need to be litigated or decided by a judge. In these cases, Oregon family law lawyers refer to the matter as an “uncontested divorce” because there are no disputed issues.
For parties who have worked out terms of their divorce, there is still the matter of moving it through the court. Completing the process includes: drafting and filing the necessary paperwork, ensuring that all signatures and service requirements are satisfied, that all classes and certifications are complete, and that all fees are paid before a judge will sign the final judgment of dissolution (sometimes called the “divorce decree”). Oregon courts provide a library of DIY family law forms for this purpose. However, many organized do-it-yourselfers have found that these forms, while designed to be one-size-fits-all, actually are one-size-fits-nobody. Even experienced Oregon divorce lawyers find many of these forms cumbersome to work with because frequently large portions are inapplicable to the case.
As part of our unbundled Oregon family law legal services, we offer clients help with uncontested divorces. So long as you and your spouse have already come to a consensus on all aspects of your divorce agreement, for a flat fee, we will take care of all drafting, filing, and monitoring of your case through the court system to ensure that it gets finalized correctly. The flat fee will vary slightly depending on the number of factors to be drafted, as even “simple” cases require more time if there are complicated parenting plans, multiple pieces of real property to be divided, or other complications. We will ask you to complete a checklist of items before we begin and inquire about any outstanding issues that you may have left out in your agreement. Our goal is only to effectuate your agreement and finalize it with the court in these cases. Depending on your needs and readiness level, this process may take fewer than two weeks, depending on your needs. Contact us today to discuss the facts of your case.
Q: What does a family law lawyer do? What is "Oregon family law?"
A: “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.
This 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.
When there are more complex issues involving children, custody, and real property or more extensive assets, getting the expert legal opinion from an experienced Oregon divorce lawyer is almost certainly a good idea.
While not an exhaustive list, experience has shown that the best Oregon divorce lawyers consistently display a handful of traits. These are the hallmarks that tend to create the client's best knowledge and are most likely to lead the client to their goals. It is common for people to want a "pitbull" or some other cliched characterization of a lawyer to represent them. However, these are the traits that, in practice, are the most likely to obtain positive results.
Divorce and family law cases can be some of the most emotionally charged and complex legal proceedings a person can go through. In these cases, evidence can play a crucial role in determining the outcome. One type of evidence that has become increasingly important in recent years is phone evidence. This can encompass everything from text messages and call logs to photos, videos, and voice recordings. In this blog post, we'll explore why phone evidence is so important in divorce and family law cases and what steps you can take to collect and preserve it.
Phone evidence can provide a wealth of information about a person's behavior and activities. In a divorce or family law case, this information can be used to prove or disprove allegations of infidelity, abuse, or other forms of misconduct. For example, text messages can provide a record of communication between two people, including the content of their conversations, the time and date of the messages, and any attachments that may have been sent. Call logs can show who a person was communicating with, how often, and for how long. Photos and videos can provide visual evidence of a person's behavior, and voice recordings can capture the tone and content of a conversation.
Phone evidence can also be used to support or refute claims about a person's financial or business dealings. For example, text messages or emails can show evidence of transactions or negotiations related to finances, property, or investments. Call logs can reveal the frequency of communication between a person and their financial advisors, business partners, or creditors. Photos and videos can show evidence of luxury items or trips, which can be relevant in cases involving alimony or division of property.
If you are involved in a divorce or family law case, it's important to take steps to collect and preserve phone evidence. Here are a few tips to help you get started:
Make a backup of your phone data: The first step in collecting phone evidence is to make a backup of your phone data. This will ensure that you have a complete record of all your text messages, call logs, photos, videos, and other types of data. You can make a backup using iTunes or a similar program, or by using a cloud-based service like iCloud.
Print out or save copies of important documents: If you have important text messages, emails, or other types of phone evidence, it's important to print out or save copies of these documents. This will help ensure that the evidence is preserved in the event that your phone is lost, damaged, or deleted.
Be careful about deleting data: In a divorce or family law case, it's important to be careful about deleting data from your phone. Deleting data can be seen as evidence of tampering, which can hurt your credibility in court. If you need to delete data for privacy reasons, be sure to make a backup first.
Hire a professional: If you're not comfortable collecting and preserving phone evidence yourself, you may want to consider hiring a professional. A professional can help you collect, preserve, and analyze phone evidence in a way that is admissible in court.
Phone evidence can be a valuable tool in divorce and family law cases, but it's important to collect and preserve it in a way that is admissible in court. By taking the steps outlined above, you can help ensure that your phone evidence is available and reliable when you need it. If you're involved in a divorce or family law case, be sure to talk to an attorney about the best ways to collect and preserve phone evidence and how it can be used
Divorce is never easy, but it can be especially difficult in Oregon, where the process can be complex and legally challenging. If you're considering a divorce in the Beaver State, it's essential to understand your rights and obligations under state law to make informed decisions about how best to proceed. Here is what you need to know about navigating the divorce process in Oregon.
First, it's crucial to understand residency requirements for filing for divorce in Oregon. For a court to have jurisdiction over your case, you or your spouse must have resided continuously within the state for at least six months before filing. Additionally, suppose your spouse does not respond to the Petition paperwork within 30 days of being served with divorce papers. In that case, the court may proceed without their involvement as long as they have been appropriately notified of all proceedings related to the divorce action. This is called a "default."
The next step is deciding whether you want an uncontested or contested divorce. An uncontested divorce means both parties agree on issues such as child custody, child support payments, spousal support payments, and property division without litigation. This type of divorce is often less expensive and time-consuming than a contested one because it avoids any potential court battles over these matters. On the other hand, a contested divorce involves a disagreement between parties on some or all issues related to their separation. It requires them to litigate their differences before a judge finalizes each topic at stake in their case.
In Oregon, there are also additional considerations when it comes time for dividing marital assets during a dissolution proceeding. The state follows a doctrine known as "equitable distribution," which requires any property acquired during the marriage be divided by courts according to what they deem "fair" rather than an equal split between spouses — meaning that one spouse could potentially receive more than half depending on circumstances surrounding each party's respective circumstances during and after the marriage (such as length, earning capacity). It also includes retirement benefits earned by either party while married; these are typically subject to division upon dissolution unless otherwise agreed upon by both spouses beforehand via prenuptial agreement or other written document outlining financial arrangements throughout the marriage life cycle — something which should always be discussed prior entering into marriage given its potential implications later down the line if things don't work out as planned between two parties involved (as unfortunately happens sometimes).
Finally, when contemplating filing for divorce in Oregon, one should always consult with experienced family law attorneys who can help guide them through this complex process from start to finish — ensuring that all legal requirements have been met along the way while protecting the interests involved every step along the journey towards obtaining desired outcome from proceedings (e.,g., fair division marital assets/debts). According to statistics released by the American Academy of Matrimonial Lawyers (AAML), almost 70 percent of divorces filed within the United States involve an attorney representing either side — indicating the importance of having knowledgeable representation during this emotionally charged period life when making decisions which will impact rest individual's future years come!
Overall navigating through the legal system when getting divorced is no easy task; however, understanding rights and responsibilities under applicable state law, like those in Oregon, can make the entire procedure much smoother and less stressful for both parties involved, ultimately leading to better resolution for everyone concerned.
Sometimes not knowing is the most stressful part of a divorce or family law case.
Let us remove the mystery.
Talk to an experienced Oregon family law lawyer today.
(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.
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 there's no dispute, you just need somebody to draft the right documents.
Sometimes a change in circumstances warrants a change in custody.
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.
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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.
Restraining orders provide a fast means to get help for domestic violence in families.
Times change, jobs change, circumstances change. Spousal support can too.
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.
While not an exhaustive list, experience has shown that the best Oregon divorce lawyers consistently display a handful of traits. These are the hallmarks that tend to create the client's best knowledge and are most likely to lead the client to their goals.Read More
The process of getting a divorce in Oregon can be legally complicated and emotionally challenging. To ensure a smooth process, it is important to understand the state’s residency requirements, options for an uncontested or contested divorce, and specifics about dividing marital assets.Read More
Divorce and family law cases can be some of the most emotionally charged and complex legal proceedings a person can go through. In these cases, evidence can play a crucial role in determining the outcome. One type of evidence that has become increasingly important in recent years is phone evidence.Read More
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