Areas of Practice

Divorce & Legal Separation

Divorce can be difficult, even when the parties agree on terms. Oregon is a no-fault state, meaning that you do not have to prove your spouse did something wrong to get a divorce. There are many considerations in a divorce including property division, debt allocation, custody, parenting time, spousal support, and child support. It is important to have an experienced and knowledgeable attorney on your side.

Legal separation may also be an option. With a legal separation, you may address many of the same issues as a divorce but stay legally married. As with all decisions, there are positives and negatives to a legal separation. Speaking with an attorney can help you determine whether a legal separation is appropriate in your situation.

Child Custody & Parenting Time

“Custody” in Oregon means legal decision-making authority for major decisions. Major decisions include, but are not limited to, the child's education, health care, religion, and where the child lives. If the parents agree to share these important decisions, they may consider joint custody. If the parents cannot agree on joint custody, then one parent will have sole custody.

When the parties cannot agree on custody, the court will consider the best interests of the child, including the following factors: The emotional ties between the child and other family members; The interest of the parties in and attitude toward the child; The desirability of continuing an existing relationship; The abuse of one parent by the other; The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. (ORS 107.137)

Parenting time means the time each party spends with the child (formerly referred to as “visitation”). This can include a detailed parenting plan laying out the routine schedule as well as holidays and vacations. Parenting plans can also address communication between parties, transportation, responsibilities of the parties, and safety concerns. Parents are encouraged to be flexible and put the child’s needs first.

Modifications

It is expected that things may need to change as life changes happen, and parties may need to make modifications to their judgment. This can include changes in support, custody, and parenting time. Property division in a divorce cannot be modified, even if circumstances change. Speaking with an attorney can help you determine whether a modification is appropriate in your situation.

Child Support & Spousal Support

Child Support: In Oregon, parents have a duty to support their children. A parent can be ordered to pay child support on behalf of their child, up to age 21 in some circumstances. The amount of child support is calculated based on the parent’s incomes, cost of childcare, cost of health coverage, and other factors. A child support order can also address allocation of expenses for the child.

Spousal Support: When a couple divorces or legally separates, the judgment may provide for one spouse or partner to pay the other a specified amount of support money each month. Support can be paid in installments or in a lump sum. In Oregon, there are three different types of spousal support:

  • Transitional - the amount needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement

  • Compensatory - when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party

  • Spousal Maintenance - contribution by one spouse to the support of the other for either a specified or an indefinite period

Speaking with an attorney can help you determine a reasonable amount of support.

If your former spouse or partner is not following the terms of the judgment, you may consider an enforcement action or contempt. The goal of these actions is not to punish your ex-spousal or partner, but to ensure compliance. Both options contempt and enforcement offer a variety of remedies. With enforcement, you can request the court to order make-up parenting time, modifications to the parenting plan, require the other party to post bond, require a party to attend counseling or education about the impact of violating the parenting plan, and award you fees and costs in enforcing the parenting plan.

With contempt, you can seek sanctions including payment of money to compensate for the loss or injury suffered by a party, confinement (rare), fines, attorney fees, and any order designed to insure compliance with a prior order of the court.

Enforcement & Contempt

Pre-Marital & Post-Marital Agreements

Planning can go a long way to avoid future conflicts. Pre- and Post-Marital Agreements are contracts used to change the rights and obligations of the parties. The key to both types of agreements is to make sure you do all the steps necessary to make the agreement enforceable. It must be in writing and signed by both parties. It also must not be unconscionable (unreasonably unfair).

Protective Orders

There are several types of protective orders in Oregon, including Family Abuse Prevention Act Restraining Order (FAPA), Stalking Orders, Elderly Persons and Persons with Disabilities Abuse Prevention Act Restraining Order (EPPDAPA), and Sex Abuse Prevention Order (SAPO). Each type of order has its own very specific requirements.

Domestic violence is a scary reality in some cases. In other cases, restraining orders can be used as a way to gain an advantage in divorce or custody proceedings. Restraining orders can have life-long implications. If you are wishing to file a restraining order or contest a restraining order filed against you, you should speak to an attorney. 

Mediation

Mediation is a process that provides a chance for people in conflict to reach a mutual agreement with the help of a neutral third party. Mediation is a collaborative process emphasizing informed decision-making. Mediation provides an alternative to the win-lose approach of the adversarial legal system.

The mediator does not decide any issue for the parties. The mediator’s role is to help the parties clarify their disputes, communicate clearly, determine their needs and interests, consider options for settlement, and prepare a written agreement if the parties reach an agreement. 

In cases involving minor children, most courts will require the parties to mediate custody and parenting time issues.