How Do I File For Divorce In Oregon?

Many of our clients have a lot of questions when they are faced with divorce. A divorce is legally known as a dissolution of marriage. The Oregon dissolution process allows you to file on your own or jointly with your spouse as “co-petitioners.” Oregon also recognizes the dissolution of domestic partnerships which follow the same procedures as traditional marriages. Divorce has been described in many ways, but it is rarely described as easy.

Let us help you file for divorce. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.

Oregon is a no-fault divorce state. All that is required to obtain a divorce in Oregon is “irreconcilable differences” with your spouse. Oregon will dissolve your marriage or domestic partnership regardless of whether your spouse consents to the divorce.

A divorce is commenced in the State of Oregon by filing a Petition for Dissolution of Marriage. To file for divorce in Oregon, you must also meet the state’s residency requirements, which require that at least one party to have lived in Oregon for six months or longer. The petitioning spouse must also file a Certificate of Residency stating that at least one party currently resides in the county in which the divorce is filed.

WHICH FORMS ARE USED TO FILE FOR DIVORCE?

The pleadings required for dissolution of marriage are complicated and require the assistance of a skilled divorce attorney. Oregon domestic relations law provides for two types of dissolution. The type of dissolution will depend on the issues surrounding your case and their level of complexity.

SUMMARY DISSOLUTION

You may be eligible for a summary dissolution if your marriage or domestic partnership contains limited issues. This type of divorce allows you to end your marriage without the cost and delay of obtaining a court hearing.

A summary dissolution is authorized by ORS 107.485. A marriage may be dissolved by summary dissolution procedure when all of the following conditions exist at the time the proceeding is commenced:

1. The jurisdictional requirements are met;

2. There are no minor children born to or adopted by the parties during the marriage; there are no children over age 18 attending school, either born to or adopted by the parties; there are no minor children born to or adopted by the parties prior to the marriage; and the wife is not now pregnant.

3. The marriage is not more than ten years in duration.

4. Neither party has any interest in real property wherever situated.

5. There are no unpaid obligations in excess of $15,000 incurred by either or both of the parties during the marriage.

6. The total aggregate fair market value of personal property assets in which either of the parties has any interest is less than $30,000.

7. The Petitioner waives any right to spousal support.

8. The Petitioner waives any right to pendente lite orders.

9. The Petitioner knows of no other pending domestic relations suits involving the marriage in this or any other state.

The summary dissolution procedure is designed for short term marriages with little to no assets, no real property and no children. Summary Dissolution allows the parties to obtain a divorce quickly without the necessity of trial.

STANDARD PETITION FOR DISSOLUTION OF MARRIAGE.

If your situation does not meet the requirements of a summary dissolution, you will be required to file a standard Petition for Dissolution of Marriage. A Petition for Dissolution of Marriage is authorized by ORS 107.025.

All large marital estates are required to proceed by a standard Petition for Dissolution of Marriage. A standard Petition is also required in all cases involving children and real property. The standard procedure allows the parties to obtain discovery and full and complete disclosure of all assets and liabilities of the parties. It also allows the parties to obtain pendente lite relief or temporary orders for child custody, child support, spousal support, exclusive possession of the family home and other issues which must be addressed before a final Judgment can be entered.

There are many pitfalls to attempting a do-it-yourself divorce. Let us help you obtain the best possible outcome on your case.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR DIVORCE

We know you have questions, and we have answers. If you would like to learn more about the dissolution process or obtaining custody of your children, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.

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Posted in Dissolution of Partnership, Divorce, Family law, High Asset Divorces, Spousal Support, Summary Dissolution, Uncategorized, Uncontested Divorce | Tagged , , , | Leave a comment

HOW DO I FILE FOR EMERGENCY CUSTODY IN OREGON?

Many of our clients want to know how to protect their child’s safety while in the other parent’s care. ORS 107.097 and ORS 107.139 allow a parent to petition the court for temporary custody when their child is in immediate danger.

Let us help you obtain an emergency custody order. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free emergency custody consultation.

Temporary emergency custody orders are often granted when the other parent is seriously abusing drugs or alcohol, in cases of sexual abuse or serious physical abuse of the child, in cases involving incarceration of the other parent, or in case involving serious mental illness.

HOW DO I FILE FOR TEMPORARY EMERGENCY CUSTODY?

To obtain temporary emergency custody of a minor child, you must file a Motion for a Temporary Protective Order of Custody and Restraint in the Court having jurisdiction over the case.

The rules governing motions of temporary custody are complicated and require a skilled child custody attorney. Many people do not realize that these motions must be filed contemporaneously with a petition to establish custody or a petition for dissolution of marriage.

The person requesting the order must be present in court and file an affidavit or declaration alleging that the minor child is in “immediate danger.” If the requisite showing of “immediate danger” is made, the judge will grant the motion and enter a temporary emergency custody order. The judge can also enter temporary orders regarding parenting time or the status quo. In serious cases, the court will require the other parent to have supervised contact or in extreme cases, no contact at all.

The amount of notice to the other party depends on the timing of the motion and the grounds for obtaining the emergency custody order.

HOW DO I REQUEST A HEARING ON AN EMERGENCY CUSTODY ORDER?

You may request a hearing on an emergency custody order as long as it remains in effect by filing with the Court a request for hearing. In the request you must tell the Court and the other party that you object to the order on the ground that the child was not in immediate danger at the time the order was issued. In the request you must also inform the Court of your telephone number or contact number and your current residence, mailing or contact address.

The court must then make reasonable efforts to schedule a hearing within 14 days and shall hold a hearing no later than 21 days after receipt of the request for hearing. The Court will notify each party of the time, date and place of the hearing.
A hearing on the emergency custody order is limited to a determination of whether the child was in immediate danger at the time the order was issued. Evidence will be presented to the court at the hearing which includes your testimony, witnesses and any evidence you may have to support your motion.

HOW LONG DOES THE TEMPORARY EMERGENCY CUSTODY ORDER LAST?

The temporary emergency custody order will remain in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court will vacate the order.

A valid temporary emergency custody order will continue until the order is modified by the court or the underlying case is concluded. It is important to know that this is a temporary custody order and a final order must be obtained to conclude your case.

PAUL F. SHERMAN IS A SKILLED AND HIGHLY EFFECTIVE EMERGENCY CUSTODY AND PARENTING TIME ATTORNEY

Whether you need to establish temporary custody or preserve the status quo pending resolution of your case, or if you need assistance in following the correct procedures to obtain emergency custody or visitation for your child, you need the advice of an experienced child custody attorney. We recognize the impact any custody determination can have on the most import thing to you and your family, custody and quality parenting time with your child. The Law Offices of Paul F. Sherman has the experience necessary to address your concerns and to protect your rights.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR EMERGENCY CUSTODY AND PARENTING TIME ORDER.

We know you have questions and we have answers. If you would like to learn more about obtaining an emergency custody order, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.

Posted in Custody, Dissolution of Partnership, Divorce, Emergency Custody, Family law, Immediate Danger Orders, Parenting Plans, Parenting Time, Temporary Orders, Uncategorized | Tagged , , , , , , , , , , | Leave a comment

HAPPY HOLIDAYS TO YOU AND YOURS!

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WHY YOU SHOULD NEVER FILE YOUR OWN DIVORCE

Many of our clients often wonder if they could possibly handle their own divorce. The answer depends on the risk you want to take on the outcome of your case. You could try to handle your own divorce if your marriage was very short with no children or no assets; or if you have lots of time to spend at the library trying to figure out the law or how to prepare the forms you need to court. Who needs the aggravation? You should hire an expert.

We can help you file your divorce and obtain the best possible outcome on your case. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.

Face it, the dissolution process is messy, complicated and an emotional nightmare. You simply don’t need the added stress of trying to figure out the law, getting the paperwork right and correctly presenting your case to the court. There are also numerous situations where you definitely need an experienced and effective divorce attorney:

• You have children under the age of 18 or attending school.
• You have a long-term marriage with substantial assets.
• You are already arguing with your spouse on the division of assets or child custody.
• Your case involves child abuse, domestic violence or significant drug or alcohol addiction.
• Your spouse is hiding assets.
• You are in a same-sex marriage or domestic partnership situation.
• You are the owner of a business.
• You own real property.
• Your spouse is in the military.
• Your marital estate has significant assets.
• You have retirement benefits to divide.

A DIY DIVORCE CAN HAVE LIFE CHANGING CONSEQUENCES IF YOU MAKE A MISTAKE.

Many people attempt a do-it-yourself divorce to save money. In reality, representing yourself can have devastating financial consequences if you make a mistake. Your child’s well being may be substantially impacted. Your tax liability could last a lifetime. You could end up paying money you don’t have. You have to face the facts. The dissolution process is not straightforward. You simply cannot know every consequence of your actions in a divorce without decades of legal training.

The dissolution process requires a lot of forms to be completed and the process is confusing to say the least. It isn’t like buying a car. If you make an error or miscalculate, it could have serious unintended consequences. You may end up not obtaining your fair share of assets or paying way too much for spousal or child support. You definitely risk not getting your fair share of the marital estate. It could also have much more serious consequences such as losing custody of your children or spending less time with your children than you deserve.

Moreover, having a professionally prepared agreement is essential. Not having an appropriate Judgment of Dissolution can put you in the situation of not being able to obtain your fair share or any share of substantial assets. You also run the risk of not being able to enforce your judgment. Most individuals simply do not have the experience necessary to consider what is required in a divorce, such as paying for college, dividing retirement assets, or dividing the family home. Mistakes mean that you will have to go back to court to fix them and this will require substantially more time and money than doing the job right in the first place.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR DIVORCE CASE.

This may be your first divorce. Get the help you deserve. At the Law Offices of Paul F. Sherman, we have over thirty years of experience in handling divorce and family law matters. We are experts in helping our clients obtain the best possible outcome for their cases. We know the latest developments in family law and have substantial experience with how the law is applied to your specific case. We know what to expect from the court system. We know what it takes to get your case handled correctly.

We know you have questions and we have answers. If you would like to know more about the dissolution process, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce and family law consultation. You shouldn’t have to go through one of life’s hardest experiences alone.

Posted in Alimony, Child Support, Complex property division, Custody, Dissolution of Partnership, Divorce, Enforcement of Judgments, Family law, High Asset Divorces, Parenting Plans, Spousal Support, Uncategorized | Leave a comment

How Do I File for Emergency Custody in Oregon?

Many of our clients are in desperate need of an immediate change of custody or an immediate suspension of parenting time. This is especially true in case involving serious drug addiction, mental illness and child abuse.

It can be extremely frustrating to learn that it can take weeks or months to get into court on a custody or parenting time issue even though the problem with the child is happening now. This feeling is compounded when the client believes the child is in danger in the other parent’s care.

We can help you obtain an emergency custody order. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.

Under Oregon law, it is possible to obtain a temporary emergency custody order under the “Immediate Danger” statutes. Oregon has two emergency custody statutes. The difference is the timing of the request, the first statute applies to situations occurring before a final judgment is entered in the case, and the second statute is used after a final judgment has been entered in the divorce and custody case.

ORS 107.097(3) provides that:

(a) A court may enter ex parte a temporary order providing for the custody of, or parenting with the child if:

(A) The party requesting an order is present in court and presents an affidavit alleging the child is in immediate danger; and

(B) The court finds, based on the facts presented in the party’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.

(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

Emergency custody orders are useful in cases involving severe drug and alcohol problems, in cases of sexual abuse, in cases where the custodial parent is incarcerated or where the other party is suffering from severe emotional or mental issues resulting in hospitalization or a complete breakdown. Courts will generally protect children in each of these situations.

Once a general judgment of divorce or final custody determination has been made, a motion for temporary emergency custody must be made under ORS 107.139, the post-judgment emergency custody statute.

ORS 107.139 provides in pertinent part:

Following entry of Judgment, a court may enter an ex parte temporary order providing for the custody of or parenting

(1)(a) Following entry of a judgment, a court may enter ex parte temporary order providing for the custody of, or parenting time with, a child if:

(A) A parent of the child is present in court and presents an affidavit alleging that the child is in immediate danger;

(B) The parent has made a good faith effort to confer with the other party regarding the purpose and time of this court appearance; and

(C) The court finds by clear and convincing evidence, based on the facts presented in the parent’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.

(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

Thus, a post-judgment custody order requires a much higher standard of proof and good-faith notice to the other party. The clear and convincing evidence requirement is the highest civil standard of proof.

HOW DO I PROVE THAT MY CHILD IS IN IMMEDIATE DANGER?

What is immediate danger? Immediate danger means that there is a clear and present risk that a child will be physically injured or neglected in such a way as to endanger the child. The risk here generally involves physical danger and “immediate” means now.

There is considerable variation among the courts and judges as to what constitutes immediate danger. There is virtually no case law on this issue and each determination of immediate danger is generally made on a case-by-case basis. The determination of immediate danger is fact driven and requires the expertise of a skilled divorce and family law attorney.

Generally clients who attempt to obtain emergency custody orders on their own are unsuccessful. The reason for this failure is their inability to understand the rules of evidence and the standard of proof required to prevail in these cases.

In addition to the foregoing, an understanding of the judges and courts in the area is essential to success in this area. There are substantial differences in opinion between judges in the same county as to what constitutes an immediate danger. The manner in which the motion is presented to the court and the evidence and supporting documentation provided to the court are critical to a successful emergency custody motion.

If you believe your child is in “immediate danger” in the other party’s care or custody, you should immediately consult an experienced family law attorney about obtaining emergency relief. It is essential that such a motion be presented properly from the onset so as not to taint the court as to your case, and ruining your chances of obtaining custody of your child.

The evidentiary requirements and the standard of proof for protective orders are technical and require the advice of a skilled custody and parenting time attorney. The cases are fact driven. The improper use of protective orders can have adverse consequences on the final orders entered in the case and can result in the award of substantial attorney fees when used improperly.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVISE ON EMERGENCY CUSTODY AND PARENTING TIME ORDERS

We know you have more questions and we have the answers. If you would like to learn more about divorce, child custody or any family law matter, call the Law Offices of Paul F. Sherman at (503) 223-8441 for legal advice, or Contact Us for a free consultation.

Posted in Custody, Divorce, Emergency Custody, Family law, Immediate Danger Orders, Protective Orders, Temporary Orders, Uncategorized | Tagged , , , | Leave a comment

How Do I Enforce My Parenting Time in Oregon?

Many of our client are in desperate need for help to enforce their parenting time.
The first step in any parenting time case is to determine if there is a valid court order or judgment which provides for parenting time. If there is a valid court order, the next step is to determine whether the parenting time as specified in the judgment or court order is being denied.

There are generally two methods to enforce a valid parenting time order: (1) a motion to enforce parenting time; or (2) a contempt proceeding. Some of the differences between the two procedures are outlined below.

We can help you enforce your parenting time. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free parenting time enforcement consultation.

YOU ARE ENTITLED TO AN EXPEDITED HEARING TO ENFORCE YOUR PARENTING TIME

A properly filed motion to enforce parenting time generally requires the court to schedule a hearing within 45 days. This is referred to as expedited parenting time. In many jurisdictions, this may be the fastest way to obtain parenting time.

In contempt proceedings, the hearing is usually held by the judge who issued the order or judgment. The case is scheduled on that judge’s calendar docket along with all the other judge’s cases. Given the judge’s calendar, it usually takes longer to appear before the judge in a contempt proceeding than it would in an enforcement of parenting time proceeding.

Again, this will depend on the jurisdiction in which your case arises. In many jurisdictions, such as Multnomah County, a judge will reserve jurisdiction on the case after one hour. In other jurisdictions such as Clackamas County, the judges rotate regardless.

WHAT RELIEF IS AVAILABLE IN CONTEMPT AND ENFORCEMENT PROCEEDINGS

In an enforcement of parenting time proceeding, the court has the authority:

• To create a more detailed parenting time schedule; to impose additional terms and conditions on the existing parenting time order;

• To order additional parenting time to compensate for a wrongful denial of parenting time;

• To order the violating party to post a bond or securities;

• To order the offending party to attend counseling or educational classes that focus on the impact the violation of parenting time has on the children; and

• To award attorneys fees and costs incurred in enforcing the parenting time.

ORS 107.435 provides for additional remedies the court may order in an enforcement of parenting time proceeding. You can review the Oregon statutes on our website.

The contempt statutes are set forth in ORS 39.145, et. seq. Additional rules which govern contempt proceedings are set forth in the Oregon Uniform Trial Court Rules. The remedies available in the contempt proceeding include:

• Any order the court feels necessary to ensure compliance with a prior court order;

• Remedial sanctions to compensate for the contempt;

• Attorney fees and costs incurred in purging the contempt; and

• In extreme cases, confinement in jail.

CONTEMPT REQUIRES A HIGHER BURDEN OF PROOF

The burden of proof in a contempt proceeding is “by clear and convincing” evidence and requires a willful disobedience of a prior court order or judgment.

The burden of proof in an enforcement proceeding is a “preponderance” of the evidence . Quite often it is beneficial to commence both an enforcement and contempt proceeding to obtain all of the remedies to which you are entitled.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON HOW TO ENFORCE YOUR PARENTING TIME

The rules and procedures in filing enforcement of parenting time and contempt proceedings are complicated and require a skilled and experienced parenting time enforcement attorney. Contact Paul F. Sherman for expert advice on how to enforce you parenting time.

We know you have questions and we have answers. If you would like to know more about parenting time enforcement or remedial contempt, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free parenting time enforcement consultation.

Posted in Contempt, Enforcement of Judgments, Family law, Parenting Plans, Parenting Time, parenting time enforcement, Uncategorized | Tagged , , | Leave a comment

How is Child Custody Determined in Oregon?

Child custody is probably the most contentious issue in family law. Our offices receive more calls regarding child custody than any other family law matter. Calls are fueled by the divisive and emotional nature of child custody cases. Many clients struggle to understand child custody law and determining the outcome of a child custody case can be extremely difficult.

We can help you with your child custody case. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free child custody consultation.

Oregon courts focus on the “best interests and welfare of the child” in determining which parent will be awarded legal custody. It is commonly asked what the phrase “in the best interests” means. In some cases, a custody determination can be obvious. Where one parent is unable to care for the child and provide a safe and loving home, the best interests of the child is easy for the court to determine. In other cases, the other parent may be seriously impaired as a result of drugs or alcohol, or incarcerated Again, this is an easy determination for the court. But in cases where both parents are loving, well adjusted, and able to provide a safe, stable home, the best interests of the child can be extremely difficult to determine.

WHAT IS THE BEST INTERESTS OF THE CHILDREN

Oregon courts use a statutory framework to answer this question. Consideration is given to the age and gender of the child, the educational needs and resources available to each parent, the stability of each parent’s home, and the income and financial resources of each parent. The court may also consider the child’s preferences in regard to where their primary residence will be located. These are some of the most common factors considered by the courts, but the list is not exhaustive. The Court will use any factor it deems relevant to decide what best serves the child’s interests.

In most cases, the overriding consideration will generally be which parent is the primary care provider for the child. This test focuses on who provides the day-to-day needs of the child. Oregon Courts also look to which is the most nurturing parent in close custody cases.

It is common for people to mistakenly believe that the children get to choose which parent they want to live with at a certain age (generally age 12 or above). This is simply not true. Even older teenage children are rarely allowed direct input by the court. There are methods for having the voices of the children heard, such as the appointment of counsel for children or through a custody and parenting time evaluation to investigate the children’s desires and interests. While children generally do not get to choose, it is clear that the court will heavily weigh an older, mature child’s decision as to which parent they would prefer to live with.

WHAT  FACTORS ARE CONSIDERED IN DETERMINING CHILD CUSTODY

ORS 107.137 sets forth the statutory guidelines for how Oregon courts should determine the best interests and welfare of the child. ORS 107.137 provides in pertinent part:

To determine the custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(1) The emotional ties between the child and the other family members;

(2) The interests of the parties in and attitude toward the child;

(3) The desirability of continuing an existing relationship;

(4) The abuse of one parent by the other;

(5) The preference of the primary caregiver of the child if the caregiver is deemed fit by the court;

(6) The willingness and ability of each parent to facilitate and encourage a close continuing relationship between the other parent and the child.

The statute further provides other relevant factors in deciding what is in a child’s best interests. No single factor is controlling in this analysis. Courts will generally consider the totality of the circumstances in addressing these provisions.

Child custody cases are often emotionally challenging and contentious. It is important for parents involved in the custody dispute to keep a level head and to focus on the best interests and welfare of their children. Proper focus on providing a loving home and quality parenting time to a child will usually result in a successful outcome for the parties. Maintaining composure helps parents make sound decisions and allows for a custody agreement that is in the best interests of the child and meets the needs of the parties involved. Having a skilled child custody attorney will clearly make the process easier. Working with an experienced child custody attorney provides you the legal guidance you need to navigate your case with confidence and to protect the interests of your family.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVISE ON YOUR CHILD CUSTODY CASE

We know you have more questions, and we have the answers. If you would like to learn more about child custody, divorce, or any family law matter, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.

Posted in Custody, Divorce, Family law, Parenting Plans, Parenting Time, Uncategorized | Tagged , , , , , , , , | Leave a comment

WHY SHOULD I HIRE AN ATTORNY FOR MY DIVORCE OR CUSTODY CASE?

Under current economic conditions, many divorcing couples consider a do-it-yourself (DIY) divorce to save money. Unfortunately, a DIY divorce can actually cost you more money than retaining an attorney.

We can help with your divorce or custody case. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free telephone consultation

ATTEMPTING A DIY DIVORCE OR CUSTODY CASE CAN HAVE SERIOUS UNINTENDED COSTS

The dissolution and custody process is complex and requires extensive skill and knowledge to be handled properly. People attempting a DIY divorce often make horrible mistakes that can cost a small fortune to correct. You simply cannot know the consequences of your actions in a divorce or custody case without the necessary skills and training.

The fact of the matter is that there are a lot of complicated forms and technical requirements in every dissolution. The forms are confusing and can be technical. A divorce or custody case is not something simple like buying a new pair of shoes. Errors and miscalculations can have serious unintended financial consequences. Most people are unaware that property divisions are not modifiable after entry of judgment.

Economic circumstances can change in a heartbeat in today’s economy. Do it yourselfers often pay too much to an ex for spousal or child support due to emotional issues or guilt about the break-up. Later, they are unable to make the payments they have agreed to and can be forced into bankruptcy ruining their personal financial lives and credit.

Lack of training often results in not getting your fair share of property in the marital estate. There are even more serious consequences, like receiving less quality time with your children than you would have gotten with a skilled family law attorney. Many people are surprised to discover the financial agreements they agreed to are legally binding, even when they discover further down the road that they are neither fair nor equitable. It is important to have a skilled family law attorney to consider everything at issue in your divorce and custody case including spousal and child support, custody and parenting time. DIY mistakes require the parties to go back to court and spend much more time and money. They can cost a fortune to correct.

The fact of the matter is that divorce is complicated and often complicated emotions. You should never attempt a DIY divorce when you have a child under age 18; you have been involved in a long-term marriage or there is already conflict about how the marital estate is divided; if child or domestic abuse is involved or there are serious problems with mental illness, with drugs or alcohol addiction; when you are in a same-sex marriage; when you own a business together; when you own real property; where the parties are facing bankruptcy; where one of the parties is in the military; or where the marital estate contains significant assets to be divided.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE IN YOUR DIVORCE OR CUSTODY CASE.

We know you have questions, and we have answers. If you would like to know more about the dissolution process, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free divorce consultation.

 

 

Posted in Custody, Divorce, Family law, High Asset Divorces, Parenting Plans, Spousal Support, Uncategorized | Tagged , , , , , , , , | 2 Comments

How Can I Get Emergency Custody In Oregon?

Many of our clients are in need of an immediate change of custody or an immediate suspension of parenting time. Under Oregon law, it is possible to obtain a temporary emergency custody order under the “Immediate Danger” statutes.

We can help you obtain an emergency custody order, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.

YOUR CHILD MUST BE IN IMMEDIATE DANGER TO OBTAIN EMERGENCY CUSTODY

Oregon has two emergency custody statutes. The difference is the timing of the request, the first statute applies to situations occurring before a final judgment is entered in the case, and the second statute is used after a final judgment has been entered in the case. Your child must be in immediate danger to obtain emergency custody.

ORS 107.097(3) provides that:

(a) A court may enter ex parte a temporary order providing for the custody of, or parenting with the child if:

(A) The party requesting an order is present in court and presents an affidavit alleging the child is in immediate danger; and

(B) The court finds, based on the facts presented in the party’s
testimony and affidavit and in the testimony of the other party, if
the other party is present, that the child is in immediate danger.

(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

Once a general judgment of divorce or final custody determination has been made, a motion for temporary emergency custody must be made under ORS 107.139, the post-judgment emergency custody statute.

ORS 107.139 provides in pertinent part:

Following entry of Judgment, a court may enter an ex parte temporary order providing for the custody of or parenting

(1)(a) Following entry of a judgment, a court may enter ex parte temporary order providing for the custody of, or parenting time with, a child if:

(A) A parent of the child is present in court and presents an affidavit alleging that the child is in immediate danger;

(B) The parent has made a good faith effort to confer with the other party regarding the purpose and time of this court appearance; and

(C) The court finds by clear and convincing evidence, based on the facts presented in the parent’s testimony and affidavit and in the testimony of the other party, if the other party is present, that the child is in immediate danger.

(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

A post-judgment custody order requires a much higher standard of proof and good-faith attempt to provide notice to the other party. The clear and convincing evidence requirement is the highest civil standard of proof.

WHAT IS IMMEDIATE DANGER?

Immediate danger means that there is a clear and present risk that a child will be physically injured or neglected in such a way as to endanger the child. The risk here generally involves physical danger and “immediate” generally means now.

Emergency custody orders are useful in cases involving severe drug and alcohol problems, in cases of sexual abuse, in cases where the custodial parent is incarcerated, or where the other party is suffering from severe emotional or mental issues resulting in hospitalization or a complete breakdown. Courts will generally protect children in each of these situations.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVISE ON EMERGENCY CUSTODY AND PARENTING TIME ORDERS

We know you have more questions and we have the answers. If you would like to learn more about divorce, child custody or any family law matter, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.

 

Posted in Custody, Divorce, Emergency Custody, Family law, Immediate Danger Orders, Parenting Time, Protective Orders, Temporary Orders, Uncategorized | Tagged , , , , , | Leave a comment

HOW DOES THE NEW TAX LAW IMPACT THE PAYMENT OF ALIMONY OR SPOUSAL SUPPORT IN MY DIVORCE?

It seems reasonably clear that President Trump’s new tax law will make divorce an even more miserable experience. The majority of the nation’s top matrimonial attorneys believe divorce negations will become more acrimonious following a change in the tax treatment of alimony.

We can help you solve your spousal support issues, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free spousal support consultation.

SPOUSAL SUPPORT PAYMENTS ARE NO LONGER DEDUCTIBLE FROM YOUR TAXES.

Alimony, which is commonly known as spousal support or maintenance, is to be paid by the higher earning spouse for a period of time after the divorce. Pursuant to former Internal Revenue Service rules, money paid a former spouse can be subtracted from the payer’s taxable income, lowering his or her taxes. Taxes also had to be paid on any alimony, but the recipients typically had much lower income and thus paid lower tax rates.

The alimony deduction made a substantial economic difference for divorcing couples and simply allowed people to pay more.

It is anticipated that battles will ensue since alimony payers will no longer have a tax deduction for their spousal support payments. The previous rules made it much easier for divorce negotiations by giving the party paying spousal support a dollar-for-dollar deduction from their income taxes.

The final legislation applies to divorces finalized in 2019 and beyond. This will provide time for divorcing couples and their attorneys to adjust to the new regulations. It will also mean that more and more couples will be forced into extended litigation regarding the nature and duration of spousal support in their cases.

CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON PAYMENT OF SPOUSAL SUPPORT IN YOUR DIVORCE CASE.

We know you have questions, and we have answers. If you would like more information about spousal support, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free telephone consultation.

 

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