It’s hard to know where to start when you’re dealing with a draining family conflict. Below you can find useful articles and videos on subjects such as choosing the right lawyer, how to address substance abuse issues in a custody case, lowering your divorce costs and more.
Child custody is a legal determination that one or both parents have the decision-making power and control over the care of their child., The issue of child custody arises in cases of legal separation, divorce, and unmarried parents. Custody cases can become a tug-of-war or competition between parents in which each one wants to win. Ultimately, the goal is establishing
The Oregon State Bar recently decided to create a paraprofessional licensing program. Once active, this program will allow Oregon paralegals to represent clients in certain types of landlord-tenant and family law cases. The program aims to reduce the backlog of landlord-tenant cases in Oregon and to improve access to legal help for families. The Oregon State Bar is currently accepting
The U.S. Supreme Court recently heard arguments in a case challenging provisions of the Indian Child Welfare Act (ICWA). If the Supreme Court decides to alter or reverse the ICWA’s terms, state-level laws in places like Oregon may offer added protections. The Case Before the Supreme Court In November 2022, the U.S. Supreme Court heard arguments in Haaland v. Brackeen,
Spousal support (sometimes known as alimony) may be appropriate in some Oregon divorce cases. Spousal support refers to one spouse’s payments to the other after a divorce. Parties to a divorce will often encounter several expenses in separating their lives and ending a marriage. A court can order alimony during a trial if parties cannot agree to an alimony amount.
Dividing assets is a critical part of most Oregon divorce cases. Oregon is an equitable distribution state, meaning that the judge presiding over a divorce will split the property between spouses equitably. While the division must be just, it does not have to be equal. The court will accept the party’s preferences regardless of equality or fairness as a general
Oregon’s divorce laws allow for a “no-fault” divorce. In Oregon, a divorcing couple will need to show that their differences have caused a rift so vast that it can’t be repaired. The spouses don’t even have to tell the court what those differences are – only that they exist. No-fault divorce makes some aspects of divorce easier. Yet, a no-fault
Spousal support, formerly known as “alimony,” is support one spouse pays to the other after a divorce. Spousal support may be awarded, and special tax rules may apply. Spousal support is not part of every Oregon divorce. If you or someone you know is considering divorce in Oregon, it’s critical to understand the state’s approach to spousal support. Working closely
Every U.S. state requires child custody decisions to reflect a child’s best interests. However, it proposes some critical questions such as: What is an interest of a child? Where will the child live? How should the child be raised? Where should the child reside, and with whom? These questions can seem impossible to answer, mainly because they appear to be
Married couples in Oregon may decide to get a divorce. Under state law, the divorce process begins once a spouse files a petition for the dissolution of the marriage. The spouse filing for divorce is called the petitioner, whereas the other spouse is called the respondent. The petitioner is responsible for filing the petition in the county where either spouse
A divorce is a legal process of ending a marriage. If you or someone you know is looking to divorce their spouse, it’s important to remember that divorce laws differ from state to state. When a spouse wants to get a divorce in Oregon, they must comply with the state’s divorce rules and statutes. Additionally, state law has specific terminology
Gearing Rackner & McGrath provides creative, tailored legal solutions for families throughout Oregon and SW Washington. With offices in Portland and Astoria, we primarily serve the following counties: Multnomah, Clackamas, Washington, Clatsop, Columbia, Yamhill, Clark, Cowlitz, Skamania, and Klickitat.
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