Oregon has a few options for how you can end a marriage. The route you choose to take depends on your specific scenario. If you use travel as an analogy, to set out on your journey you need to decide on both a destination and method of travel. The “ending” of a marriage can take on different forms, and Oregon allows for options on reaching that “ending”. Let’s go through the different types and find the right option for you.

Divorce

The most well-known option for ending a marriage is a divorce, known legally in Oregon as a dissolution of the marriage. You are legally dissolving your partnership (marriage) and subject to the related laws for married individuals.

Annulment – Voidable Marriage

To annul a marriage is to undo it, making it as if it had never happened. In Oregon to receive an annulment, your marriage must be voidable. Voidable marriages include those involving underaged parties, forced consent, or the inability to legally consent. When your marriage is annulled you return to being “unmarried” instead of “previously married”.  Annulments have large similarities to a divorce regarding what parties can request and expect as an outcome. In the coming months, Johnson Law, PC will be going further into detail in our annulment series.

Annulment – Void Marriage

A void marriage is a marriage that legally could never have happened and is treated as such. This includes scenarios such as marriages among more than two people (polygamy) or trying to enter into a separate marriage while still legally married (bigamy). In Oregon marriages between first cousins or closer relatives are also void. These types of annulments are very similar to divorces regarding what parties can request and expect.

Uncontested (Summary Dissolution)

An uncontested divorce is a simplified divorce in which the court does not have to rule on any contested matters. A couple may go through a collaborative process to reach an uncontested dissolution or simply come to “kitchen table” table resolution of their differences. When both parties are involved in the uncontested dissolution process, the expectation is that all items that are outstanding have been resolved. On the other hand, when one party doesn’t respond or appear in a divorce proceeding it is also considered an uncontested dissolution. These later types of cases are subject to reopening or set asides more easily than any other final resolutions types.

The divorce attorneys at Johnson Law, PC are very skilled at assisting parties through uncontested divorces. These types of dissolution matters are often favored by parties given their speed and cost efficiency nature.

Contested (Complex dissolution)

In a contested divorce the parties and attorneys are adversarial and there are unresolved issues that must be settled through the court or mediation. You are subject to the full limitations and procedures of normal dissolutions.

Separation

A legal separation is an interesting option in that the marriage doesn’t actually end. You address items such as spousal support, child support, and asset division. The marriage itself however continues, which can be important for taxes, religious beliefs, or other financial reasons. A separation can be used as a “divorce-lite” by parties. It is often used when parties are considering or preparing for a divorce or if they have personal beliefs that disallow divorce as an option. In Oregon, at least one party must have been a resident of the state for at least 6 months before an Oregon court can dissolve the marriage. However, you can legally separate without the six-month wait and then convert the separation into a dissolution after obtaining residency. There are strict timelines at play when converting a separation to dissolution summarily and they need to be followed.

If you want to explore your options, including any of the options above, call us now to get the process started. We also have a secure contact form if you are more comfortable starting there. We are sure that you have questions. Let us give you the answers.

What happens when a divorce includes step-siblings? Things become more complicated is the answer. If your divorce involves step-siblings there are some things you absolutely need to know. The key points to know are: courts like to keep siblings together; and step-parents usually will not gain custody of a step-child. You may already see how these rules combine together.

Children always come first in Oregon

An Oregon court will try to determine custody based off enumerated factors found in ORS 107.137 giving primary consideration to the best interests and welfare of the child(ren). Keeping siblings, including step-siblings, together is generally viewed as being in the best interest of a child. However, mitigating circumstances do exist. A court will consider factors such as the relationship between the children, the desirability of continuing an existing relationship, the emotional ties between the child and other family members, and the overall best interest of the child. If compelling enough a court could decide that the child(ren)’s welfare would be better served apart or the court could create a parenting time plan to minimize the distance and time step-siblings are apart. Every case is unique, and you will need to be prepared for the challenges that will come your way.

Legal parents come first

The second key point to consider is that the custody of a step-child is difficult to get in a divorce between a non-biological parent and one of the biological parents. The constitutional parental rights of the legal parent (usually a biological parent) have been shown to trump most interests of third-parties. Step-parents can obtain custody of their step-children if they can show the other parents are unfit or the child’s welfare is in danger. Before then, a case against the two biological parents under ORS 109.119 (Rights of a person who established emotional ties creating child-parent relationship or ongoing personal relationship) will have to be brought before the court. This can be done by joining the non-biological parent to the dissolution matter. This is a complex area of law and parties desiring to go down this route should contact and attorney if they have any questions.

Consultations answer questions

Cases involving step-children can have dramatic effects on custody determinations. Keeping children together can be the deciding factor in a custody case. Whether you are a biological parent or step-parent, if you have any questions relating to parenting time or custody, call our office to schedule a consultation with a Washington County custody and divorce attorney.

“Freeze” VS “Lock-Down”

Hopefully you’re stocked up on essential supplies and bought that toilet paper when it was available. Oregon is going under new Covid-19 related restrictions to combat the latest up-tick in cases. This time it is being called a “freeze” instead of a “lock-down”, and before we were in a “pause”. Whatever they want to call it, there are impacts on you and your family law matters. To help, we have gathered some useful information for you.

To review current restrictions stop by Oregon’s resource page for the family law program where there should be a recent notification regarding the pandemic. You can find links to some county specific pages in our Divorce During A Pandemic blog post.

Oregon’s state family law advisory committee put together a report detailing information useful for parents sharing custody or parenting time during the pandemic. You can download the PDF here.

Covid-19 has caused many changes with how the courts currently operate throughout Oregon. These changes have impacted how family law matters move through the court system. Depending on the phase of reopening and safety measures needed, each court is operating slightly different.

Prior to Covid-19, every county circuit court had Supplementary Local Rules (SLRs). These local rules detailed the exact way each court operates. These local rules are now changing quickly and often in reaction to the ever-changing information and challenges the courts face. In general hearings and trials have been reset or delayed and telephonic hearings for the items that are allowed to proceed are the new norm. Relatively simple processes such as the compelling of discovery production are now nebulous. Your unique situation will always be important to answer any questions you have. Schedule a consult if you want to move forward with confidence. Read below for some general information and answered questions.

Are the courts open?

The courts are open but prior to going, it is important to check the procedures in place to go to court as well as what hearings are being heard and how they are being conducted. See the county specific links below for more information.

Do I need to wear a mask to court?

In general, as of the posting of this blog, yes.

Can I get a divorce during the pandemic?

Yes, especially if you decide to proceed with a collaborative divorce. Johnson Law has started and finished dissolutions of marriages during the pandemic. However, issues that require input from the court are being delayed to various extent. Mediation is currently the best way to get around court delays, just as it was before the pandemic. Appointment of a Refence Judge is also an option in many cases. This will often expedite the process of being heard by the court.

Does the pandemic affect my parenting time or custody?

In general, parties with a parenting time plan should follow the parenting time plan. If one party is withholding the children from the other, there are enforcement remedies and the court is hearing these items, at this time. If you have any question relating to a party not following a parenting time plan, the attorneys at Johnson Law are happy to speak with you about options.

I lost my job; do I have to pay child support or spousal support?

If you have had a substantial, unanticipated change in circumstances regarding your employment, you should contact an attorney to discuss options including a potential modification of the support payment obligation. The family law attorneys at Johnson Law are well versed in modification proceedings and the underlying requirements relating to each.

Use these links for more current and detailed information regarding the court’s operations during the pandemic:

Oregon

https://www.courts.oregon.gov/courts/Pages/coronavirus.aspx

Multnomah County

https://www.courts.oregon.gov/courts/multnomah/Pages/coronavirus.aspx

Washington County

https://www.courts.oregon.gov/courts/washington/Pages/default.aspx

Clackamas County

https://www.courts.oregon.gov/courts/clackamas/Pages/coronavirus.aspx

Make a great first impression and save yourself time and money by being prepared for your consult with any potential divorce and family law attorney that you may retain. Follow these steps to be ready.

Gather basic information on you and your spouse

Personal information is needed such as contact info, current age, date of birth, place of birth, employment details, race, social security number, and any relevant details regarding physical and mental health. Former names and details on previous marriages are also needed.

Gather information on the status of the marriage

Be ready to answer these questions: When and where were you married? Are you currently separated, and, if so, when did you separate? Does your spouse have current legal representation? If there are children, whose care are they in and for how long? Are there any restraining orders, custody orders, or prenuptial or postnuptial agreements currently in place? Did anyone receive any inheritance or gifts during the marriage?

Gather information on your income

Think about any income you or your spouse receive. Be ready to provide employment details.

Gather information on your debts

Details are often needed for things like your credit cards, loans, tax debts, and any other liabilities you may have. Details include things like account numbers, account ownership, and current balances. If spousal support is involved also collect information on your regular expenses.

Gather information on your assets

Details are often needed for things like your vehicles, properties, bank accounts, investments, businesses, and items of significant financial value.

Gather information how you will pay for your attorney fees and costs

Think of how you will pay for the attorney’s services. Some attorneys provide free consults while others charge a fee. After the consult, most attorneys will require you to deposit money into trust as a retainer fee in order to begin work. The retainer fee ranges from hundreds to thousands of dollars and is situationally dependent.

Every divorce is unique, but most share a common core of issues. Of course, at the core of every legal matter is a plethora of legal documents. Knowing the different names and acronyms will help you keep on top of your divorce and better communicate with your attorney. Here are five of the top documents that you should know about:

Petition for Dissolution of Marriage (“The Petition”)

This is the document that officially starts your divorce proceedings in Oregon. The court must be informed of the general information regarding the marriage, the desire for dissolution, and relief sought. The petition can be filed unilaterally with a petitioner and respondent or jointly as co-petitioners. If filed unilaterally, the respondent will then often file a response. The response often contains counterclaims.

Confidential Information Sheet (“CIF”)

The petition for dissolution starts the divorce process. An additional document that gets filed with the court is a confidential information sheet. Information such as dates of birth, driver’s license numbers, and social security numbers are required to actually keep track of the parties involved. The petition for dissolution, under normal circumstances, is a public document. To keep sensitive information off public records confidential information is filed in a CIF. The other party is informed that confidential information has been filed, but they are not readily available for review.

Uniform Support Declaration (“USD”)

This document is a standardized way to show the court your financial situation so that child support and spousal support levels can be determined. Income and expenses will be laid out in detail, including information such as health care costs, childcare expenses, and even union dues. This is a required document when child support and spousal support claims are at hand.

Asset/Liability Spreadsheet (“8.010”)

This document is used for the parties to easily show what assets or debts the marriage has such as real property, retirement accounts, bank accounts, and vehicles. Additionally, the liabilities are listed including things such as credit card debt, mortgages, and auto loans. This information is presented in a uniform way that judges are accustomed to seeing and is required by UTCR 8.010. Each line will include a description of the asset or liability, its estimated fair market value monetary value, and a proposal of how the item should be split between the parties. Premarital values are also included in the spreadsheet.

Request for Production (“RFP”)

This document officially requests the production of discovery. Discovery is anything that is used to create a full understanding of the situation surrounding the divorce. This usually means documents such as bank statements and paystubs. However, this can be as far reaching as journal entries and health records. The RFP lists out the various items that the party believes they need to achieve this full understanding and often involves multiple requests.

There are other documents you will likely see in your divorce and even the ones listed above can have slight variations or require responses. If you need help with your family law matter, please consider scheduling a consultation with our firm.

Divorce in Oregon has changed over years, and as we have entered into a new decade it is time to look back. In today’s blog post we will look at some of the statistics and changes around divorce, specifically in Oregon. Data for 2019 has not yet been released so we will compare 2018 and 2008. Let’s see what difference ten years can make.

Divorce numbers are down

It might surprise some to learn that divorce rates have actually been declining over the past decade. In 2008 there were almost about 14,800 divorce filings in Oregon[1]. Despite substantial population growth, the number of divorces has actually fallen by almost half a thousand divorces a year. In 2018 the number of filings had decreased to 14,162.

Marriage numbers are up

It might be reasoned that the declining divorce rates are related to declining marriage rates overall. However, the total number of marriages per year in Oregon has actually increased. There were 26,139 recorded marriages in 2008. A decade later and the number of marriages has increased to 26,501 in 2018. It should be noted that this is only a 1.4% increase in annual marriages over that ten-year period. Compare that to the estimated 11.2% increase in population[2]. People are not getting married as often, but they’re getting divorced even less.

Petition filing costs fell

In 2008 it cost $381 just to file for a dissolution of marriage in Multnomah county, and an additional $254 to file a response. Different counties had different filing fees, but this has somewhat changed. Most fees have now been standardized for all circuit courts in Oregon, and the cost of filing a petition actually went down. For examples, in the beginning of 2018, the cost of filing a petition for dissolution was only $273 despite a decade of inflation. It should be noted that this cost as of October 2019 is now $301 to file either the petition for dissolution of marriage or the response to a petition for dissolution of marriage.

Technology has improved

Oregon circuit courts implemented the Oregon eCourt system among many other technological improvements over the past decade including ePayment and eFiling systems. The software legal firms use has also dramatically improved over the past decade. Do not be surprised if your lawyer proposes a video call as opposed to an in-person meeting to save time and money.

Changes in divorce law

Ten years may not seem too long, but new laws, procedural changes, alterations to the federal tax code, and more have changed the face of family law. Collaborative divorces to save parties resources and costs are more commonly used. Parties often participate in pre-litigation mediation or other alternative dispute resolution formats that allow the parties to maintain control of their matter. Even the advent of the smart phone has had dramatic changes on parenting plans and discovery items. Imagine having your Uber ride history reviewed in court. You want an attorney that is up to speed with today’s changes and technology. Schedule a consultation by calling our office number at 971-205-3266. We will see if we are the right fit for you.

[1] Oregon Health Authority

[2] US Census Bureau

More than one way exists to proceed with a divorce. With the exception of cases involving a Family Abuse Prevention Act restraining order, mediation can be used to resolve any family law case issue including, but not limited to, custody, parenting time, asset and debt division, spousal support (alimony), and other property issues.

Mediation is a dispute resolution process focused on bringing both sides to agreement on some or all points of disagreement using a third-party, neutral, mediator. Mediators are often retired judges or experienced family law attorneys. The process of mediation often provides more autonomy to the parties of a divorce, giving them more control over the final results removing the decision-making authority from the judge and delegating it to the parties. This can be especially important in cases with minor children. The parents of the child(ren) often know what is best for their child’s welfare, and mediation can help them come to an agreement that best serves the whole family.

Mediation takes all forms ranging from informal mediation with the parties and a mediator sitting around a table discussing the issues to the parties being in separate rooms going item by item over a course of multiple days. The specifics of mediation vary by county within Oregon and a divorce attorney can help effectively you prepare for and work through the mediation process. Ultimately, the type and structure of mediation depends greatly on the parties and the case.

Some mediations are done with both parties in the same room, with or without lawyers. Other mediations takes place where the parties are in separate rooms, with or without lawyers and the mediator goes between each room separately. This later form of mediation is called “Shuttle-Mediation” and is the most common type for divorces. Often Shuttle-Mediation has both attorneys available to the parties in their separate respective rooms. The mediator goes from party to party in this case working to bring both sides to an agreement. The specifics of the mediation process are tailored to suit the needs of both parties.

Impartiality is key to being a successful mediator. Additionally, confidentiality must be kept. Most information shared in mediation is confidential with certain exceptions such as information regarding someone being in imminent danger or abuse of a minor or elder. Many of the mediators have a background in law or mental-health services and understand the complexity of a divorce and the items that may arise. Overall, an expert mediator can be the difference between a bitter prolonged court battle or a relatively smooth divorce. Your attorney will know of mediators that they can personally recommend to take part in your process.

Counties differ on when they require or permit waiving of mediation. However, at the outset, all Oregon counties coincide, whether it is Washington County, Multnomah County, Clackamas County, or Columbia County, in that parties are required to attempt some form of alternative dispute resolution process, often mediation, prior to being allowed to go to trial.

Deciding to use mediation in your divorce is an important decision. The costs can also vary widely. Mediation may be free in some counties for specific issues while extended private mediation costs can quickly approach undesirable levels. If you are looking for an attorney to assist with resolving your divorce through mediation, contact the family law attorneys at Johnson Law, PC.