Custody and Parenting Time
Our office understands that your children are the most important part of your
life as they are ours. Whether you need us to help you obtain custody
of your children, ensure maximum parenting time with your children or to make
certain that your right to be involved in your children's lives are not
diminished, we will stand up for you. Your children are your most valuable asset,
you must protect them. Oregon Courts consider a variety of factors to determine
custody and parenting time. The Court's decision is based on the best interests
of your children. Some of the other factors include the needs of the children,
the age, physical and mental condition of the children and each parent, the role
each parent or their family has played and will play in the upbringing
and care of the children, and the willingness of each parent to actively support
the child's contact and relationship with the other parent.
Divorce
Oregon is a no-fault divorce state. Blame is not assigned to either party as
to the reason for the divorce. A no-fault divorce can be obtained after you
or your spouse have lived in Oregon for at least six months.
Property Division
Oregon is an equitable division state in determining how property will be divided.
Oregon is not a community property state. Over the past several years issues
and laws involving equitable division have became very complex. Issues such
as property owned by one or the other spouse, inheritances and
gifts from other family members, family businesses, etc. must all be discussed
as they relate to the overall property division. You and your
spouse may agree how to divide your property and debt and can enter into a written
property settlement/ separation agreement to accomplish this objective. You
need a lawyer that is experienced and qualified in these complex areas of the
law to properly present and protect your rights and to draft the correct and
binding documents.
Child and Spousal Support
Child support requires the examination of the family finances and the needs
of the children to come to a final support amount. Child support is initially
determined in conformance with the Oregon child support guidelines. A link to
the support calculations is on the links page of this website.
You may be entitled to spousal support upon separation from your spouse. The
type of support, the amount and duration of support depends on a complex set
of factors. Oregon courts consider a number of factors to determine if spousal
support should be paid, the amount to be paid, and for how long it should be
paid. Some of the factors include the one spouse's need for support, the other
spouse's ability to pay, the physical and emotional health of the parties, and
each of the parties' earning capacity along with the desirability to provide
for the spouse that is the primary custodian of the minor children.
Grandparent and Third Party Rights
Oregon's statute abolished grandparent visitation as a result of the US Supreme
Court decision in the now famous Troxel decision. In stead of looking at grandparents
as a specific class the statue treats all non-parents as either psychological
parents (who may seek custody or visitation) for persons with an "ongoing
personal relationship" who can seek only visitation. There is a parental
preference in the statue which establishes a presumption that a legal parent
acts in the best interest of the child. The presumption may be rebutted by a
number of factors which should be discussed with an attorney. This area of the
law has also become very complicated and you should not venture into it without
an experienced and qualified attorney.
Domestic Partnerships
With regard to domestic partnerships, Oregon recognizes domestic partnerships
between unmarried couples, both heterosexual and same sex. Typically, these
cases involve dividing assets and liabilities of the relationship based upon
an implied or explicit agreement between the parties.
Pre Marital Agreements
Parties to a potential marriage or domestic partnership need to discuss in detail
how they intend to manage their finances. This agreement is critical to developing
a solid foundation for a second or subsequent marriage.
We prepare and condition our premarital agreements in a way that encourages
both parties to develop a fair and far reaching plan for the care and management
of their financial future together.