As a divorcing parent about to negotiate child custody, it’s crucial to thoroughly consider your current situation and goals and how they apply to your children and their future. How much time do you want with your kids throughout the year? What about in the future? Holiday time, school schedules, and other factors will demonstrate your children’s needs now and in the years to come. In this video, Founding Attorney Lewis Landerholm discusses some of the factors parents should think about when deciding on their goals and preparing for their custody case with their family law attorney. Having a plan ahead of time makes all the difference.
How well do you communicate with your soon-to-be ex-spouse with regard to your children and their best interests? The decision between fighting for sole custody of your children or agreeing on joint custody depends greatly on how well the two of you can work together toward a solution. In Oregon, child custody is defined as legally being able to make major medical decisions, school-related decisions, and in some cases, religious decisions. Lewis Irwin Landerholm discusses what custody determination really means, its importance in most circumstances, and where it fits into the whole divorce process. Working with a family law attorney can help parents navigate through these decisions and more.
Mediation is a process in which two parties hire a neutral professional to help them consider all the important factors in their case and how to resolve them outside of court. This approach is beneficial to divorcing spouses who have a good idea and a general and mutual understanding of their finances, what they each want, and what do not agree on. The mediator can help prepare the divorce paperwork to ensure the couple’s judgement truly tells the court what they discussed and decided together. In this video, Senior Associate Attorney and Mediator Joanna Posey discusses the process of mediation and when it is appropriate for a divorcing couple.
A changing work situation or other opportunity often leads a person to move out of state, but a divorced parent with child custody faces a number of obstacles in this scenario. What happens when a custodial parent wants or needs to move to a new state? Does it have an effect on the custody of the children? These are some of the most difficult cases for judges to decide, and courts are generally opposed to one parent moving away from the other and breaking the child-parent bond. Lewis Landerholm discusses how important it is to contact an experienced family law attorney right away when this situation arises.
A retirement accounts can be a complicated factor in divorce proceedings, but considering them correctly can work in your benefit. How can these accounts be legally divided? Unrepresented parties often do not put retirement accounts on the table when dividing assets, and this may be a big mistake. Assuming they came about during the marriage or were added to the marriage, retirement accounts are considered marital property. As a result, the spouse without the account could be awarded a “marital fraction” of the account. Litigation Director Will M. Jones discusses these and other complexities with regard to dividing retirement accounts during a divorce.
What is an Oregon custody evaluator, and when should a parent use one in a custody or divorce case? The reasons to use a custody evaluator are complicated, especially because hiring one can be costly on top of the other expenses related to the case. Choosing whether or not to hire an evaluator is important decision to make during your matter, and it’s one that parents shouldn’t make alone. In this video, Founding Attorney Lewis Landerholm talks about why a family law attorney is necessary to determine whether your specific case is the right situation to involve an Oregon custody evaluator.
Business ownership during a divorce is complicated issue in Oregon, because it can be evaluated in several different ways. The business can be seen a cash item where one person can buy it from the other, for example. On the other hand, the business can also be left in-tact and the income can be used in multiple ways related to the divorce, such as spousal support. In this video, Litigation Director Will M. Jones notes these complexities related to a business owned by one or both spouses in a divorce and how the couple can view and leverage this asset to their benefit.
The collaborative approach is a process in which spouses decide they are not going to go to court to resolve their family law dispute. Rather, they each hire an attorney specifically trained in collaborative dispute resolution. The parties and their attorneys work together to figure out how they can reach an agreement. There are a number of advantages of choosing the collaborative process for a family law case. For one, the parties they have control over the timing of the case as well as a great deal of the information that reaches public record. Senior Associate and Collaborative Attorney Joanna Posey discusses how this approach saves a couple a great deal of stress and other issues during their family law case.
The division of marital property in Oregon commonly involves dividing the estate in half for divorcing spouses. In this video, Lewis Landerholm explains how this division is not necessarily cutting each individual item exactly in half. Rather, the court will look at all of the assets available in the marital estate and “trade” those assets to keep as many of them whole as possible. Doing so is a fairer division and saves a great deal of time and money. An experienced family law attorney can help walk the couple through this process to ensure there is a fair division of assets in the framework of Oregon law.
A divorce is an emotional situation for the entire family, especially for a child. Choosing when and how to tell your children about your divorce is a critical move and can set the tone for years to come. In this video, Founding Attorney Lewis Landerholm explains how he advises his clients to go about telling their children about their divorce and why it’s a situation that should not be taken lightly. There are numerous solutions to assist in the process. For example, seeking assistance from a third-party professional can help a parent consider each child’s age and predict the emotional issues that could arise as a result of the divorce.
It’s no secret that divorce is often expensive. How can someone with no personal income still afford a divorce lawyer and go through the process smoothly and successfully? It’s a question Landerholm Law is commonly asked. Founding Attorney Lewis Landerholm explains that the role of a family law attorney is to help solve the complexities of a divorce or other family law issue from an emotional, legal and financial perspective. An experienced divorce lawyer can help you understand the scope of resources needed to complete the divorce process and how to obtain those resources within your means and abilities, so you’re never alone.
It’s not uncommon for a divorcing spouse to try to conceal assets from the proceedings to avoid dividing them during the proceedings. In fact, it’s an issue we’ve seen many times. How can someone uncover these hidden assets before it’s too late? In this video, Litigation Director Will M. Jones explains how the discovery process is used to during divorce proceedings to reveal a spouse’s assets. On rare occasions, a divorce lawyer may employ the help of a forensic accountant to ensure everything is on the table. The more information you have, the easier it is to find more assets.
If your main focus in your family law case is to put your children’s best interests before everything else, it’s important to avoid the enormous amount of stress that follows going to divorce court. There are numerous ways to resolve your divorce case outside of court, so parents should try to explore these options first before thinking about litigation. Senior Associate Attorney Joanna Posey how mediation and collaborative approaches can help the whole family avoid the unnecessary trauma of court. She also explains that child specialists can also work with you and your kids during the proceedings to ensure the best decisions are made.
In order to manage your case without full representation you need some legal advice along the way. Inevitably there will be times when you need an answer to a question and the court staff won’t help you, you can’t find it online because the Internet isn’t a reliable source. So you need to have an attorney who’s experienced in divorce or child custody to help you through that process.
To properly divide real property you have to take into consideration two things; who’s on the title and who’s on the mortgage. If you’re on the title but not on the mortgage it’s easier to divide that piece of property. The problem with dividing real property in Oregon, and other states, is that a lot of times clients will co-own property after their divorce. As you can imagine owning property with your ex-spouse there’s a lot of problems that can arise. We see a lot of people who have to come back because they didn’t think through how to co-own that property with their ex-spouse correctly. You need to go talk to an experienced family law attorney who can help you think through those problems and fix those upfront because it will save you a lot of money to do it right the first way as opposed to having to fix it later.
To ensure that you receive a fair divorce settlement, first you want to make sure that you have all of your assets and debts included in the settlement. Then you want to look at it from a global approach that you’re dividing everything equitably. Make sure to have an experienced family law attorney look over your settlement to make sure that it meets your needs.
So to start the process for a divorce, first you would file a petition and all of the supporting documents that are required by the court. Then you would go to the courthouse, you would pay your filing fee and you would serve the opposing party personally so they have to be served by either the sheriff or they have to be served by a processor. Then the other side has 30 days to respond and at that time the court would turn on all of your court hearings and then your divorce would actually be started at that point.
To determine spousal support in Oregon unfortunately there isn’t a calculator. So there are two pieces of a spousal support award, there’s the duration and there’s the amount. Typically the way that the court deals with duration is they take half of the number of years of marriage and that’s the starting point for the duration part of the equation. As far as the amount, what the court looks at is they look at the disparity of the incomes between the parties, the court will look at the lifestyle that the parties enjoyed during the marriage, the amount that the party receiving support contributed to the marriage and the income levels of the parties along with the needs and the ability to pay for the respective parties.
In order to modify a child custody, first you need to know which type of custody you have at the current time. You either will have joint legal custody or sole custody. Sole custody to one or other of the parties is difficult to modify because you have to show that there’s been a substantial change in circumstances in the other parent’s ability to parent.Joint custody is easy to modify, essentially you just have to say you’re no longer okay with joint custody and then you would file a motion with the court that asks for a hearing on that limited issue. Make sure to call an experienced family law attorney to help you through this process.
If you are a victim of domestic violence in Oregon what you need to file is a request for a FAPA restraining order which is a Family Abuse Prevention Act restraining order. You go to the courthouse and you ask for this request, you have to show that abuse or threat of abuse occurred within the last 180 days and then a sheriff or a process server will serve the abusing party and at that point if the judge has ordered that the restraining order is in place then it will be intact at that point and the respondent or the other party will have to then request a hearing on the restraining order but it will be in effect at that time.
In order to develop a parenting plan you need to consider the following factors; you need to look at the age of your kids, you need to look at the living arrangements of you and your spouse or their other parent, you need to think about where your kids are at in their lives, are they in school? Are they going to be in school? Then you need to think about what holiday traditions you currently have, what traditions you’re going to want after the agreement is in place and will your parenting plan take into consideration all of those traditions and the circumstances that are currently in effect. You want to look at the school year versus summer time and if there needs to be some differences during the summer time versus the school year. The goal is to try to make your parenting plan last a number of years so that you don’t have to change it over and over again. Those are just some of the factors to take into consideration but we can definitely help you think through any other circumstances that may be unique to your situation.
To properly determine child support in Oregon first you go to the Division of Child Support’s calculator. The pieces of information that you’re going to need and that will impact your child support amount are the incomes for both you and the opposing party, the number of overnights that you both have with the children, the number of children, the number of any non-joint children or children that you or your spouse has with another person, and then the amount of childcare that you pay and the cost of your healthcare. Then the calculator will give you your results as far as how much you would pay or the other opposing party would pay to you for child support.
To assert your parental rights if you were never married what you need to do is you need to file a petition for custody, parenting time and child support in the circuit court and then you would serve the opposing party, they would have 30 days to respond and then the court would turn on any hearings where you have your opportunity to talk to the judge about how much parenting time you should get or who should get custody of the children or child. If you have questions about how to get a parenting plan in place at the beginning make sure to call an experienced family law attorney. There are options for getting an enforceable parenting plan before you have to go all the way to the final hearing.
In order to modify your divorce agreement, first you would file a motion for a show cause hearing to modify the pieces of your agreement that you want to change. Â In Oregon, however, keep in mind that you cannot modify the property division, you can only modify the other pieces such as spousal support, child support, parenting time, custody. So call an experienced family law attorney and they will help you and guide you through the process.
There are two ways to modify your child support order; you can, one, either go to the state and ask them to modify your child support or you can file a motion in the circuit court asking the court to modify your child support. Which is the best option for you really depends on a number of factors that an experienced family law attorney can help you with.
If your spouse stops making child or spousal support payments the first thing you what to do is determine, number one, if it’s child support and the state is currently enforcing the child support order you want to contact the state and see if there are other remedies available. If the state does not have other remedies available then you would want to file with the courts so that they could enforce the child support. If your spouse stops paying spousal support and you don’t have a child support order then your only option is to go back to the courts for enforcement provisions. So call an experienced family law attorney who can help you through this process because it’s fairly complicated.
In this video, learn about the steps involved in dissolving the two types of domestic partnerships in Oregon.
To finalize your uncontested divorce in Oregon, number one, you need to get agreement from your spouse, preferably in writing, as to what the agreement is then seek out an experienced family law attorney who will write up all of your terms into all of the required documents so that there is little negotiation as possible after the fact and that the agreement on paper is actually what you and your spouse meant to agree to.