In the absence of adequate proof from you, the judge is at liberty to accept the values put forth by your adversary, which most likely will not be to your benefit.
When serious issues of child custody or visitation are raised, we generally recommend that an experienced clinical psychologist be hired to evaluate the family and to assist in making the child custody and visitation decisions. We also recommend using clinical psychologists to work through custody and visitation problems, which may defuse the contested nature of those issues.
The court may also order such an evaluation. Sometimes it is necessary at the beginning of the case to ask the court to make orders for temporary relief during the pendency of the case. Such relief may include, among other things, temporary spousal or child support, temporary exclusive use of the family home, temporary custody of minor children, payment of monthly bills, and payment of attorney fees, and "suit money, " to assist you in retaining experts to help with your case.
In most counties, a hearing for temporary relief may be ordered on the motion of a party. If at all possible, it is generally best to attempt to resolve these temporary issues without a hearing. Under Oregon law, if you have minor children, both parents are required to attend a parenting class before the divorce can be finalized.
Sometimes, it is helpful for both parents to attend the class at the same time, as the class provides good information about how to get through the divorce process with as little negative impact on the children as possible. Further, under Oregon law, if a party fails to disclose a significant asset that existed at the time of the divorce, the divorce case may be reopened.
Moreover, many discovery responses are admissible in evidence at hearings in your case. Therefore, the discovery process should be taken very seriously. Discovery is generally necessary whether the case is settled or litigated. In order to properly settle the case, we must have a general awareness of the facts involved in your case, particularly the financial facts. If the case is to be litigated, discovery is necessary in order to properly prepare and present the case at a final hearing.
Dissolution cases are not necessarily won by who is right but, rather, are oftentimes won by the party who is better prepared. Once the case is filed in the Circuit Court, there will typically be motions as have been discussed above.
Now the interesting part. No problem. File the Documents. A divorce judgment will decide: The date your marriage ends; Who gets custody of your children and when you and the other parent see them; Who pays child support and how much; Who will pay health insurance and medical bills for the children; Who should pay past debts; How property including retirement benefits and the family home will be divided; and Whether one spouse will pay spousal support alimony to the other. The same is true for attorney fees.
Motions for contempt or motions to compel discovery are also typical. Contempt matters generally involve enforcement of prior court-approved agreements or orders, such as an order for payment of temporary child or spousal support. Circuit Court judgments and orders should be treated very seriously. The penalties involved in failure to comply with these documents can be substantial and may even include jail time.
As previously noted, motions to compel discovery are brought when information has been requested but not provided, or when a party refuses to cooperate with attempts to gain information. In Oregon, the practice of Family Law is governed by a large body of case law decided by our the Oregon Court of Appeals and the Oregon Supreme Court , statutes created by our legislature , Court Rules promulgated by our Supreme Court , and administrative rules. The law governing domestic relations is an ever-changing body of law. We attempt to keep ourselves apprised of these changes as they are made.
We subscribe to many periodicals and services to enable us to do so.
Typically, dissolution cases may take six to 12 months to complete, with some exceptions. Oregon law requires that once a case is filed with the court, it will remain on the active trial roster for nine months. After that time, it is dismissed, but may sometimes be reinstated for good cause.
The time it takes to complete your case will depend on several factors, many of which are not within our control or your control. It will depend in large part upon the issues that you and your spouse chose to contest.
The more issues, and the greater complexity, the longer the case will take to complete. We encourage you to attempt to reach agreement on as many issues as possible. The process of fully litigating each issue can be very lengthy and expensive and should be reserved for only those issues about which there are significant disagreements. As attorneys in the matrimonial field, our first efforts are always directed to determine if a possibility of reconciliation exists. Only when you are satisfied that no such possibility exists do we attempt to move forward.
Only clients who are certain that their marital relationship is over should proceed with a dissolution action. Dissolution cases always impacts families. They are emotionally draining and expensive. A dissolution of marriage should be obtained only as a matter of last resort. We can provide you the names of qualified counselors and mediators who may be able to assist you in avoiding a divorce.
When you are certain that no possibility of reconciliation exists, then and only then do we move forward. The disputes that you have with your spouse will either be concluded by a written agreement or by the court making the decisions for you and your spouse regarding, among other things, child custody, child visitation, child support, spousal support, property and debt division, tax matters, and attorney fees.
In order for such an agreement to be valid, it must be signed by both parties, each of whom should be represented by separate counsel, entered into after full financial disclosure, freely and voluntarily and without duress, coercion, and overreaching. If the judge approves the agreement, we would then prepare a judgment that conforms to the agreement, which would then be presented to the judge for signature.
If you and your spouse are not able to resolve issues, we generally recommend mediation as an efficient and fair way to resolve those issues without litigation. Mediators are impartial persons, who specialize in helping parties reach an agreement and resolve all or some issues of their case.
No, Oregon has “no fault” divorce. The only reason you need is that you and your spouse cannot get along and you see no way of settling your problems. Oregon is one of many states in the U.S. that employs a “no fault” divorce model. This means that the particular reasons why you are getting divorced do not.
Mediators cannot force people to reach a settlement, or impose terms of settlement. In mediation, you will have a degree of control over the outcome that you will not have in court.
Under Oregon law, you may also obtain a legal separation. Although we rarely advise clients to take this option, it is sometimes appropriate when a dissolution would not be acceptable, either for religious or cultural reasons, or when you wish to maintain married status for insurance purposes. In order to reach a global settlement, there must be an open exchange of financial information so that both parties are sufficiently aware of all income, debts, and assets involved in the case. It is usually very helpful to have a Certified Public Accountant assist in that financial disclosure and with the analysis of the information provided and of the offers and counter-offers that are typically made.
Settlement is preferred over litigated results as a settlement is generally less expensive to achieve from a fee and cost standpoint, and also provides certainty. It has been said that you and your spouse may resolve your differences with surgical precision, but a judge will use a meat axe. Depending on the county in which you case is filed, the court may schedule a status conference or pretrial hearing.
artion-diz.ru/includes/2019-03-18/znakomstva-v-izraile-click.php The purpose of the status conference or pretrial hearing is to make sure that the case is ready for trial and that all reasonable efforts have been exhausted to settle the issues that are otherwise to be determined by the court. A status conference is more informal than a pretrial hearing and may even be conducted by telephone.
Some final hearings last only two to three hours. Others last three or more days. Typically, a fully contested dissolution case will take one to three days of trial time to complete on the merits. When the issue of custody is also contested, that generally will enlarge the time of trial by one or more days. Once the court's decision has been rendered, one or both of the lawyers will be requested to draft a judgment for the judge's signature.
The judgment will set forth the court's findings and rulings on the issues. Within 30 days of the court issuing its final judgment in the matter, you have the right to appeal. That appeal is initially made to the Oregon Court of Appeals. The appeal process involves securing transcripts of all of the proceedings in the Circuit Court and copies of the exhibits and having all of the pertinent portions of the lower court records presented to the appellate court.
That becomes the Record on Appeal. Once the Record on Appeal is completed, the spouse who appeals must present a written Opening Brief. The opposing spouse then has the opportunity to present what is called an Answering Brief, to which the appealing spouse has the right to enter a Reply Brief. These Briefs set forth your legal position on the facts and law as they apply to your case.
After the Record on Appeal and Briefs have been completed, the appellate court will then typically set the case for oral argument.