Overview of Family Law in Oregon
Family Law in Oregon encompasses a wide range of issues and relates to family matters before, during, and after the marriage. Common legal issues addressed under Oregon family law include divorce, child custody, child support, property division, spousal support, and adoption.
In Oregon, the dissolution of marriage is no fault, meaning that it is not necessary for either spouse to prove wrongdoing by the other spouse in order for the court to grant the divorce. Of course, this does not include contested divorces. At Wenner & Gordon, we understand that contested divorces can be very expensive and stressful. This type of divorce happens when one spouse does not want the divorce. Usually, contested divorces are complicated and have at least one of the following issues:
Even though Oregon is a no fault state, a spouse’s infidelity may be taken into consideration when discussing the division of marital assets and alimony awards . In most cases, courts aim to divide property equitably, as long as it is not a marital asset obtained from joint resources.
Child custody and visitation in Oregon has two parts: legal and physical. Legal custody deals with decisions such as a child’s education, religion and medical care. Physical custody pertains to where the child lives. Generally, courts in Oregon favor joint legal and physical custody. However, if joint custody is not in the child’s best interest, physical custody will be awarded to one parent.
The formula used to calculate child support in Oregon can be very complicated. In Oregon, child support is actually known as "spousal maintenance" as a result of the Alimony Reform Bill that was enacted in 2017. Factors used to determine child support in Oregon include:
There are multiple types of adoption in Oregon, including stepparent, emancipation, agreed, agency, private and interstate adoptions.
This overview of family law in Oregon does not cover all topics and is intended for general information only.
The Advantages of a Local Family Law Attorney
Choosing to work with a local attorney has many advantages. Local family law attorneys have a thorough understanding of the local legal system and its peculiarities. They are familiar with the judges in the area, and know common practices and procedures within the local family courts. The first big step you take in any legal situation is choosing an attorney who knows the law and is experienced with the relevant legal process. The second step is finding an attorney who is familiar with your local court. An attorney who is used to working in the Albany area will be better equipped to help you navigate the local rules for filing pleadings and for providing notice to other parties.
The local rules tell you how the court wants documents filed and also how to properly "serve" pleadings on other parties and on the lawyer representing the other party. Sometimes lawyers from different counties will not know how local procedures operate, and this can cause unnecessary problems for their clients. For example, according to local rules in Albany, pleadings (Court documents) can be either filed in person, by facsimile, or electronically by email. But outside of the city (in Stayton, for example), the local rules dictate that pleadings must be filed in person or by facsimile. Another example? In Albany, you cannot file a temporary order by email, but you can in Salem.
The third reason to choose a local attorney is to save travel time and expenses. Interstate commutes add hours of time and hundreds of dollars in gas expenses. Without a local attorney, you may be spending hours traveling for almost no reason. The last thing you want during a difficult life event is extra expenses you could have avoided by simply working with someone who is already familiar with your particular court.
How to Select a Family Law Attorney
There are several key criteria to consider when selecting a family law attorney in Albany, Oregon. Like any profession, some attorneys are more experienced and aggressive than others. In terms of aggressiveness, a good balance must be struck. Too aggressive and you risk losing great relationships with people who have been a major part of your life for many years. On the other hand, you will not want someone who will allow you to be bullied as a result of their meekness. At times, divorce can be difficult regardless of how amicable the situation is. You will want an attorney who knows how to mitigate the difficulties ahead.
Another important consideration when finding a family law attorney in Albany is reputation. If you or your spouse has a family member or close friend who has gone through a divorce in Albany, chances are that person knows a decent family attorney in Albany. Ask that person for recommendations. They may even have a strong recommendation for a family law attorney in Albany who can help you.
There are also reviews online of family law attorneys. Google the names of several family law attorneys in Albany, Oregon to see what you will find in online reviews. Like all reviews, you will have to take them with a grain of salt as people tend to post only good or bad reviews (for the most part). Generally speaking, however, if an attorney has a large number of bad reviews that is something to take into special consideration.
The last item to consider is the general feel you get from a family law attorney when you first meet them. One thing I know as a life-long Oregonian, having lived in cities like Portland, Salem, and Albany, is that Oregonians tend to be of higher quality than those in other states. Oregonians are friendly and kind. This extends to family law attorneys as well. The most successful family law attorneys are those who can charm their clients. It often leads to more trusting clients who are less likely to sue the attorney for accountings or other issues.
These are just some of the factors involved in choosing the right attorney to handle your family law needs. A good family law attorney will ask many questions to gain a thorough understanding of your case. They will want to find out more about you and your family situation so they can decide what course of action is best.
What to Anticipate at a Family Law Consultation
Our initial consultation with a client typically has three main objectives. First, we want to get an overall idea of your situation and what is going on in your life. Second, we want to gather some essential information that we need to get started on your case. Third, we want to give you a framework for what to expect with your case moving forward.
The questions you’ll answer in your initial consultation will give us the information to help with these three objectives. We ask you for your basic contact information, where you work, where your spouse or other party works, what the major assets are, how many children there are , and what types of things are going on in the marriage, like bankruptcy, infidelity, or any other red flags.
After we have heard your story, we take time to explain what we think the general course of your case should look like. We explain how child support and other financial issues work under Oregon law, and some of the different options you will have. We also give some general advice about how to proceed in the first 2 weeks after the meeting.
What you can expect from the initial consultation is a fact-finding mission to learn about your situation, and to explain the way the court system and laws work.
Common Questions About Family Law
Will I be able to see my kids after our separation or divorce?
Parents can voluntarily create a parenting plan, or the Court will create a parenting plan based upon the best interests of the children in question. The parent seeking the change in custody will present their case to the court in detail. After a hearing, the judge will make an order as to the parenting plan for the child or children.
What is the difference between consent, default and contested divorces?
Consent divorce means that both parties agree to the divorce without any issues that need to be adjudicated by the court. Default divorce means that one party has failed to respond to the Petition for Dissolution of Marriage. Contest meaning that parties do not have mutually agreed upon terms of their divorce. The Consent and Default divorces are simple uncontested forms as opposed to the contested forms that require more complex pleadings to accomplish the client’s goals.
What if my spouse refuses to follow the Orders of the Court?
Ultimately, orders of the Court are orders of the Court and this often becomes a contempt issue which, in effect, orders the other party to comply or be sanctioned by the Court.
Where to Find Resources on Family Law
Luckily, even if the budget for your legal assistance is tight, there are plenty of resources available to help you. The State of Oregon provides a number of free publications to assist the public in legal matters, including many that relate to family law. The courts have publication services located in counties throughout Oregon, which provide forms and instructions for filing. While these forms can be a good starting point for self-represented parties, in matters involving children, division of property, or custody or parenting time, it is important to understand that these forms cannot take the place of competent legal advice from a qualified attorney. The linked publications have been found to be accurate as of the date of this article, but may not be complete or up to date. The best way to be sure you are filing the requisite forms and following the correct procedures is to have an attorney review your case .
In addition, Oregon State Law requires every county to provide legal representation for low-income parties in family law cases (including divorce, guardianship, and adoption). Local non-profit organizations may offer family law assistance at no cost to those who qualify, based on income.
Broadband internet access is rapidly growing throughout Oregon, allowing for free or very low-cost online legal assistance to parties who can access the sites. The Oregon Judicial Department has a Family Law Self-Help Website, which has all of the statewide forms required to file family law cases, as well as links to other state and local organizations that can help you with your case. OJD also provides a free telephone services, the Oregon Attorney General Family Law Information Line.
We will provide more information about Albany’s local legal aid and legal assistance programs in an upcoming article posted here.
