Is Collaborative Divorce Right for You?

How to stay out of court and resolve your divorce quickly. It is much more common these days to settle a divorce case without going to court because the court process is adversarial and can be damaging to both parties’ relationships with each other and their children. In addition, resolving a case outside of court

Prenuptial Agreements

A prenuptial agreement, commonly referred to as a “prenup,” is an agreement between spouses about how property will be divided between you if you ever get divorced. These agreements can also effect a spouse’s right to collect spousal support (or “alimony”) from the other spouse in a divorce case. If you are planning to get

Is a DUI a Felony?

A DUI can be a felony, but only if it is your third DUI conviction. Even a DUI charge is potentially your third conviction, it will only be a felony conviction if your two previous DUI convictions occurred within the past 10 years. If you have a previous felony DUI conviction, all subsequent convictions will

Parent Child Alienation

Parent Child Alienation What is parent child alienation? Parent alienation happens when one parent negatively affects the child’s relationship with the other parent. A common situation in parent child alienation is when a child refuses to follow a court ordered parenting time. That refusal results in one parent being denied time with their child that

What happens to a business in a divorce

Is a business in divorce separate or marital property? A business that was started by one spouse before marriage is considered separate property although that can change pretty quickly depending on the other spouses role in the business. Because a business in divorce is a piece of property owned during the marriage, it is marital

Property Division in Oregon Divorce

Property Division in Oregon Divorce What is Equitable Distribution? Equitable distribution is a way of describing property division in an Oregon divorce proceeding. Equitable distribution is distinguishable from community property which is how some states divide property in a divorce case. Community property is almost always a 50-50 split of the couples’ property. Equitable distribution

How Courts decide Child Custody Cases

How Courts decide child custody and parenting time? Factors that the court will apply in deciding who will get custody. There are a number of different factors that influence how Courts decide child custody cases in Oregon. There are the obvious things like lifestyle choices of parents that can play a big factor, such as

Separate Property in Oregon Divorce

Separate Property and Co Mingled Assets Generally speaking, property acquired by a spouse prior to a marriage is called separate property. Separate property is treated differently in an Oregon divorce case than Marital property, or property acquired during the marriage. But the lines between separate and marital property get blurred by what is known as

How to prepare for divorce in Oregon

There are a number of ways to prepare for divorce depending on individual circumstances. The first questions I normally ask when people call me for advice because they are contemplating a divorce are: 1) Do you have children with your spouse? 2) Do you own real estate with your spouse? 3) Do you own any

Child Custody in Oregon

What to expect with regards to child custody in Oregon divorce cases. What is child custody? Child custody in Oregon or, legal custody over a child is generally the right of one parent to make the most important decisions for that child as they grow up. Those usually surround everyday health care decisions, who the

Some facts about divorce in Oregon

Facts to know about Divorce in Oregon Grounds for divorce A long time ago, you used to have to show that there was a reason, such as infidelity, to get a divorce in Oregon. That is no longer the case. Oregon is what is known as a “no fault state”, which means that you can get

Oregon Field Sobriety Tests

Field sobriety tests are tests that a police officer will have you take on the side of the road as a part of a DUI investigation. Many people agree to take these tests thinking that they are legally required to do so. The fact is that you can refuse to take field sobriety tests. Your

Biggest mistakes people make during a DUI investigation

There are a lot of mistakes people make when they get stopped and an officer initiates a DUI investigation. These mistakes can make your situation much worse and possibly make it much more difficult to defend your case. The most obvious mistake, is that people tend to say too much. In general, people have an

Can I fight DUI in Court in Oregon

There are a number of situations where it might make sense to fight DUI in Court, with a jury trial. One is that you’ve got a good case to prove that you didn’t commit the crime of DUI. For example, if you blew under .08 or even blew zeros, and the officer thinks that you’re

DUI Attorney Cost – Why hire a lawyer

DUI Attorney Cost Is the added cost of hiring an attorney worth it? With the costs of a DUI ranging potentially into the thousands of dollars, the additional DUI attorney cost might seem like too much of a burden for some. On the other hand, when you consider the confusing network of laws, between the

What to know if charged with DUI in Oregon.

The crime of DUII in Oregon A driver can be charged with DUI in Oregon for driving under the influence of an intoxicant. This can mean either that you have a blood alcohol content of .08 or greater or that your mental and physical capabilities are adversely affected by alcohol or a controlled substance. It

How to reduce DUI penalties

How to reduce DUI penalties Special DUII programs available to Multnomah County residents Multnomah County is one of the few Oregon counties that has programs, other than the statewide DUI diversion program, that can help you reduce DUI penalties and sanctions resulting from a conviction. Since Multnomah county experiences the most DUIs in Oregon, the county