Yearly Archives: 2010

New Case Law – post-separation mortgage payments and equal division

On November 10, 2010, the Oregon Court of Appeals published its opinion in Clapp and Clapp.  The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A137905.htm The case makes two important points:  1.  How to treat payments that one spouse made towards … Continue reading

Posted in Divorce | 1 Comment

New Case Law – Usupervised Visitation

On October 13, 2010, the court of appeals issued an opinion in Long and LeDuc (http://www.publications.ojd.state.or.us/A142477.htm).  Mother appealed the trial court’s ruling that father could have unsupervised time with his son.  The court of appeals held that the record supported the … Continue reading

Posted in Divorce | Tagged | 1 Comment

Oregon Divorce Blog featured in national news article on pet custody issues

The Oregon Divorce Blog was quoted in a Maryland article regarding the issue of custody of a pet in a divorce dispute.  You can read the full article here:   http://www.katu.com/news/national/99729719.html

Posted in Divorce | 4 Comments

Multnomah County Family Court now providing help on the web

One of the reasons we provide family law information for free through our blog is to help educate consumers of legal services.  It’s easier helping people that have already done some footwork and have some understanding of the process.  I … Continue reading

Posted in News | 3 Comments

Daniel Margolin quoted in Oregonian Article

Daniel Margolin was quoted in an Oregonian article concerning the Harmon divorce today. The article can be read here: http://www.oregonlive.com/portland/index.ssf/2010/07/kaine_horman_asks_court_to_hav.html

Posted in Divorce | 1 Comment

Facebook and Divorce

CNN ran an interesting article captioned “Divorce attorneys catching cheaters on Facebook.” An example given of social media in the courtroom was a lawyer using Facebook data to attack a parent’s credibility as a witness. The parent claimed he didn’t … Continue reading

Posted in Divorce Tech, News | 4 Comments

New Case Law – Affect of Violating Statutory Asset Restraining Order

ORS 107.093 provides that when a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent, a restraining order is in effect against the parties.  Violation of the statute is punishable … Continue reading

Posted in Appeal, Dissolution, Divorce, Property Division | 1 Comment

New Case Law – Custody Determination

On April 14, 2010, the Oregon Court of Appeals filed an opinion in Stevens and Stevens.  The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A138624.htm The appeal was filed by father due to a trial court ruling awarding sole custody to … Continue reading

Posted in Appeal, Child Custody | Tagged | 2 Comments

Records to Keep When Paying or Receiving Spousal Support

During the divorce process clients must deal with the very burdensome process of discovery.  The record keeping process does not end with the end of a case.  When there is an award of spousal support, both parties should continue to … Continue reading

Posted in Spousal Support | Tagged | 1 Comment

New Case Law – Treatment of Military Benefits, Child Support Calculation and Credit for Past Due Support

The Oregon Court of Appeals filed an opinion in Stokes and Stokes on March 31, 2010.  The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A136795.htm  The case addressed the treatment of the following issues:  1.  Whether military benefits that are non-taxable … Continue reading

Posted in Appeal, Child Support, Dissolution, Divorce, Property Division | 1 Comment