Family Law Services

Divorce is just one service we provide and although custody, support, parenting time and restraining orders can be part of a divorce, they can also be stand alone issues. No one wants to go through a divorce. It is a stressful time in your life and the lives your children. Property is being split, children are being bounced around and people are pointing fingers at each other. Divorce is a complicated matter, having competent legal help is critical. Here are some matters for you to consider when going through a divorce.

1. Divorce In Oregon, we call a divorce a Dissolution. A divorce can be simple, the two parties agree on everything or it can be very difficult. The following is a list of issues that arise in many divorces. Remember, making the right decisions is critical. What happens can effect the rest of your life.
2. PropertyOregon is not a community property state. However, the Court has jurisdiction (control) over all the assets of either the Husband or Wife. There are two classes of property in a divorce.
   1. Real/Personal Property: All property owned by either party regardless of when you purchased the property.
   2. Marital Assets: All property that was acquired "during the marriage". For example, Wife may have purchased a house prior to the marriage so the house may not be a "marital asset" but while the parties were married, the house increased in value so the appreciation of the house value is a marital asset. However, if Husband has paid a significant amount of the mortgage payments, or the parties have co-mingled there assets and financial obligations, that might change how the court looks at the house.
3. Regardless of which classification the property falls in, everything is within the jurisdiction of the court and the court is obligated to divide the assets according to what is "just and proper". The state provides guidelines for the court to consider in dividing the property. Very generally speaking, an equal division of Marital Assets is preferred by the courts.
4. Custody Issues Can be the most difficult aspect of any divorce. It is critical that this be handled with a view to what is in the children's best interest. Not what is in your best interest, not what is fair, but what is in the children's best interest. There are mandated factors the court considers to determine what is in the children's best interest. A good custody attorney is a must.
5. Child Support In most cases, this is a mathematical formula mandated by the State. Although, often it isn't as simple as that. There are a number of issues that can increase or decrease the presumed support.
6. Family Abuse Restraining Orders (FAPA) Sometimes this happens, it is important to obtain good legal council if you need to obtain a FAPA order (although the courts are very accommodating to a party obtaining an order without an attorney) or a FAPA Order has been obtained against you.
7. Spousal Support (Alimony) In Oregon we don't call it Alimony. Generally speaking, each spouse has a right to a standard of living that is not overly disproportionate to the one enjoyed during the marriage. Spousal Support is available to either the husband or wife. The State looks at several factors in awarding support. Additionally, there are different types of support. Three types are recognized, transitional support, to help a spouse transition into a new life; maintenance support to help maintain a lifestyle and compensatory support to compensate a spouse that has significantly contributed to the economic capabilities of the other spouse.
8. Other Issues There are a number of other issues such as retirement accounts, business evaluation, the hiding of assets to name a few. It is important that you obtain good legal representation to help you work through these matters.
9. This information is provided as a general introduction to these issues. Do not make any legal decision based upon what is stated above.