Family law also known as Domestic Relations, includes all aspects of divorce, asset and debt division, custody, child support, spousal support, parenting, visitation, adoption and paternity.
Many clients are concerned about what might happen in their future; they are seeking guidance and information. Other clients are in urgent need of immediate action to preserve a legal right and protect their family�s interests.
A divorce, also known as a dissolution of marriage, is a proceeding to end a valid marriage. In Oregon, a divorce may be granted without either spouse being at fault. To file for divorce in Oregon, at least one of the spouses has to have been a resident or been domiciled in the state continuously for at least six months, and must be living in Oregon at the time of filing. A person seeking a divorce may act as his or her own attorney, to represent him or her.
To begin divorce proceedings, a petition for dissolution of marriage must be filed with the court in the county where the spouses live. The person who files for divorce is known as the "Petitioner" and the other person is known as the "Respondent". The Petitioner and Respondent are also referred to as the "parties" involved in the case. After the petition is filed, the Respondent must be officially notified of the proceedings by being "served" with a copy of the paperwork that was filed with the court. The Respondent then has a deadline in which he/she must file a response to the petition.
A divorce becomes final when all issues, including property division, spousal support, child custody and parenting time (commonly known as visitation), and child support are settled by either the agreement of the parties or by trial. The final document which contains the terms of the resolution of all of the issues, and which is signed by a circuit court judge, is known as a Judgment of Dissolution of Marriage.
After the divorce is over, if there is a substantial change of circumstances involving custody of children, either party may seek a modification of custody granting him or her sole custody of the children. The party seeking sole custody must demonstrate how sole custody would be in the best interest of the children. Factors that must be considered by the court in determining the best interest of the children are set out in statute and must be addressed by the parent seeking sole custody.
Custody � if custody is joint and one or both parties find it impossible to agree on issues pertaining to the children, either party may seek a modification of custody granting him or her sole custody of the children. The party seeking sole custody must demonstrate how sole custody would be in the best interest of the children. Factors that must be considered by the court in determining the best interest of the children are set out in statute and must be addressed by the parent seeking sole custody.
A change of sole custody from one parent to another is more difficult. The court frowns on moving children from one sole custodial parent to another unless the change is based upon health, safety and welfare issues of the child or the court finds that the child is in danger while in the custody of the parent granted custody in the original decree. However, as children get older their choices regarding which parent the child prefers to live with will be given more and more weight.After the divorce is over, if there is a substantial change of circumstances involving custody of children, either party may seek a modification of custody granting him or her sole custody of the children. The party seeking sole custody must demonstrate how sole custody would be in the best interest of the children. Factors that must be considered by the court in determining the best interest of the children are set out in statute and must be addressed by the parent seeking sole custody.
Child Support � changes in the income of either parent or the child himself, emancipation, or unanticipated mental or physical incapacitation of a child may result in child support being changed. The parent seeking the modification must prove that a substantial change in circumstances has occurred which affects the child support calculation or duration.
Spousal Support � a change in circumstances may cause spousal support to be increased, decreased or terminated. The party seeking the change in spousal support must prove the change in circumstances. Any change in spousal support is at the discretion of the court based upon how prior similar cases were handled and the unique facts of the case before it. It is more difficult to modify spousal support than it is to modify child support.
Property Distribution � The rule is that property distribution is not modifiable. In general that is true. Once the the court has ruled or the parties have settled and the decree has been entered and is final, the property distribution may not be modified unless there has been a mistake, either clerical or on the part of the parties regarding their property. The only other time property distribution is modified is when one or both parties conceals assets which are later found.
In all cases, I assist clients in making informed choices when facing some of the most important decisions in their lives. Together, we evaluate the issues facing you, and help determine a plan to approach your case.
