Yearly Archives: 2009

New Case Law – Unmarried Domestic Partnership

On December 23, 2009, the Oregon Court of Appeals filed its decision in Baker and Andrews, a dissolution of domestic partnership case. The entire opinion can be found here: http://www.publications.ojd.state.or.us/A135564.htm. Continue reading

Posted in Appeal, Attorney Fees, Dissolution, Domestic Partners, Legal Developments, Property Division | Tagged | 3 Comments

Daniel Margolin on Collaborative Divorce Practice

Daniel Margolin, a partner at Stephens Margolin P.C. recently wrote an article for the Oregon State Bar newsletter titled “Collaborative Practice: An Overview.” A link to the publication can be found here.

Posted in Collaborative Divorce | Tagged | 1 Comment

Can I renegotiate my divorce property settlement?

We consult with many people with Oregon divorce and family law cases.  One of the most painful questions to hear is when someone who settled the property part of a divorce asks about renegotiating the property distribution.  The question is … Continue reading

Posted in Divorce, Property Division | Tagged , , | 1 Comment

Do I need to tell the other parent if I am requesting an emergency custody order?

There are two forms of emergency custody order. A pre-judgment order (meaning that it is taken out at the time the original custody request is filed with the court) and a post-judgment order (meaning that it is taken at the … Continue reading

Posted in Child Custody | Tagged | 1 Comment

Division of Personal Injury Settlements in Divorce

Few property claims cause as much contention as a claim to divide a personal injury settlement in a divorce. Oregon’s Court of Appeals  treats personal injury claims as a form of property. Timing matters in determining how a claim may … Continue reading

Posted in Dissolution, Divorce | 1 Comment

Can a parent “take the child and run?”

If a custody matter has not yet been filed, then under Oregon law, the parent with whom the child was living at the time paternity of the child was determined is determined to have legal custody of the child. ORS … Continue reading

Posted in Child Custody, Enforcement, Parenting Time / Visitation | 1 Comment

How to divide personal property in a divorce

The division of personal property in a divorce can be one of the most expensive, emotional, and wasteful parts of a case.  Parties will often spend thousands of dollars arguing over a very inexpensive piece of personal property.  Personal property, … Continue reading

Posted in Dissolution, Divorce, Property Division | 2 Comments

Divorce Myth: Oregon has common law marriage

As divorce lawyers based in Portland, Oregon, we get a surprising number of questions about common law marriage. Common law marriage is where a legal marriage is created without a marriage license or marriage ceremony.  Usually the couple has to … Continue reading

Posted in Myths | 13 Comments

Divorce Myth: Remaining Jointly Liable for a Mortage Loan Will Prevent Me From Getting A New Mortgage

One “Divorce Myth” we come across is the belief that if a spouse cannot remove you from a mortgage loan at the time of divorce, it will prevent you from obtaining a new loan. This is a divorce myth because … Continue reading

Posted in Myths | 1 Comment

When and How to Use a Forensic Accountant in Your Divorce

A Forensic Accountant can be a great help to you and your attorney to assist in communication and explanation by creating, using and explaining visual displays for financial details. Communication is fundamental to any human interaction. The ability to communicate … Continue reading

Posted in Divorce, Property Division | 3 Comments