Divorce & Custody
Going through a divorce can be overwhelming, even more so when children are involved. Many people do not know where to turn or what decisions to make. They do not understand the legal framework within which those decisions must be made. Not only are there financial considerations, but there are also custody and parenting issues, housing issues, emotional strain, and the stress of a major change in lifestyle.
My approach is to meet with a client to get a feel for what he or she is dealing with in that client’s life with this major life-changing event looming. I make sure that the client understands the legal framework of divorce law in Oregon, and has answers to any questions. I then assist the client to make a divorce, custody and parenting plan that provides peace of mind. Having personally been through a divorce, I understand on a personal level the impact that divorce has on a person.
- Divorce (Uncontested and Contested)
- Child Support
- Alimony and Spousal Support
- Property Division
- Restraining Orders and Temporary Orders
- Child Custody (Joint and Separate)
- Parenting Plans
- Negotiation with Other Spouse
Uncontested Divorce and Contested Divorce
An uncontested divorce means that both spouses have resolved all differences prior to any filing in court. This greatly expedites the process, and greatly reduces expenses. This may also be a little easier route for the children. The agreement may be accomplished by negotiating directly with the spouse, using a mediator, or negotiating with the assistance of an attorney.
If an agreement is made, it must still be reflected in a judgment of the court, and in Oregon this is called a “general judgment of dissolution of marriage”. You might hear this referred to by various other titles such as a “judgment of dissolution”, “dissolution decree”, “divorce judgment” or “divorce decree”.
In most cases, even when spouses have reached an agreement without the services of an attorney or knowledgeable mediator, there will still remain some details that need to be further clarified or negotiated. An attorney then prepares the necessary documents for filing in court, unless the parties use the self-help forms that are available in Oregon courts for completing the process without attorney assistance.
A contested divorce (resolving the issues through the court system) is expensive but is sometimes necessary. Even in a contested case, there is often a settlement prior to trial.