Custody, Divorce, & Family Law
Oregon is a “no fault” dissolution of marriage state, which means that neither party needs to prove a “grounds” before the court will grant a Dissolution of Marriage. An allegation of “irreconcilable differences” will result in the trial court granting the dissolution of marriage. It is not necessary to introduce evidence or prove mental cruelty, physical cruelty, abandonment, desertion, adultery, and so forth which were grounds for divorce in the past. However, the facts of each case are different, making every family law case unique.
In a no custody or support case each party is required to provide an inventory of assets and liabilities together with a proposed distribution. The case will then be referred to arbitration to see if the disputes can be resolved and to avoid the necessity of a formal trial before the court. If either party is dissatisfied with the arbitrated decision, they may appeal an arbitrator’s award. This development frequently results in parties accepting an award which is mutually unsatisfactory, but financially less risky than requiring the courts to rehear the financial and property issues.
Child custody cases are among the most difficult and tense litigation in the trial courts. If you are confronted with a child custody dilemma, you should act quickly to obtain legal assistance. When the “best interests” of children are an issue, a family court judge may appoint separate legal counsel for a child or a group of siblings to see that the children’s interests are protected.
If you have a child custody or family law problem and wish to forward the preliminary information to us for review and response, please utilize the link provided; we will respond at our first opportunity.