Author Archives: Daniel Margolin

About Daniel Margolin

Daniel Margolin is a founding partner of Stephens & Margolin LLP and a Portland, Oregon native. His practice focuses on all aspects of family law litigation. Dan applies his litigation expertise to provide additional expertise when assisting clients with Family Law Appeals and Collaborative Divorce matters. To find out more or contact Daniel Margolin, visit Stephens & Margolin LLP

The Madoff effect on divorce

The New York Times had an interesting article about the impact of the Madoff ponzi scheme on divorce cases. The article can be read here:  http://dealbook.nytimes.com/2011/05/30/madoff-victim-seeks-do-over-in-divorce-deal/?emc=eta1 In New York, like in Oregon, the property portion of a divorce ruling/settlement cannot … Continue reading

Posted in Divorce | 2 Comments

New Case Law – Maintenance Support

On May 25, 2011, the Oregon Court of Appeals decided Abrams v. Abrams. This decision reinforces the importance of allowing both parties in a divorce case to continue to support the lifestyle that existed during the marriage.  The trial court … Continue reading

Posted in Divorce | 5 Comments

Financial Recovery Prompts US Divorce Rebound

The Financial Times reported on April 22nd that the US financial recovery has started to have an impact on divorce filings.  The article noted that many couples had decided to tough it out despite their marital differences during the recession … Continue reading

Posted in Divorce | 1 Comment

New Case Law – Amount of Spousal Support and Future Earnings

Last week the Oregon Court of Appeals issued a ruling in Hendgen and Hendgen. The court made two important rulings:  1.  That the trial court’s spousal support award of $4,000 per month against husband should be reduced to $400 per … Continue reading

Posted in Appeal, Dissolution, Divorce, Legal Developments, Spousal Support | 1 Comment

valuation issues with small businesses

Many divorces involve the valuation of a small business.  It is not uncommon for spouses to co-own a small business or for one spouse to own a small business.  In the course of the divorce proceedings that business has to … Continue reading

Posted in Dissolution, Divorce, Property Division | Tagged , , , | 3 Comments

Facebook and divorce litigation

The following is an interesting article on the use of social media in litgation.  http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202484355664&Eureka_Discovering_and_Using_Social_Media_in_Litigation Social media most often comes up during the discovery phase of custody disputes.  It is amazing what people will post on their wall.  Social media, … Continue reading

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

Case Law – Business Valuation and Goodwill

In December of 2010, the Oregon Court of Appeals decided Slater v. Slater. The case is very important in business valuations in an Oregon divorce context, as it finally give some clarity in regard to whether or not a non-compete … Continue reading

Posted in Divorce | Tagged , , | 1 Comment

New Case Law – Life Insurance Requirement in Judgment

On March 16, 2011, the Oregon Court Appeals issued and opinion in McIntire v. Lang.  The opinion can be read at http://www.publications.ojd.state.or.us/A141918.htm Petitioners appeal from a judgment of the probate court declaring that respondent’s claim against the estate of Heather … Continue reading

Posted in Appeal, Dissolution, Divorce, Legal Developments, News, Property Division, Settlement | Tagged , , , , , | 1 Comment

Frequency of Prenuptial Agreements on the Rise

In the most recent ABA (American Bar Association) Journal there was an article on the use of prenuptial agreements.  The article noted that a survey of a majory family law attorney association revealed that 73 percent of lawyers in the … Continue reading

Posted in Legal Developments, News, Prenuptial Agreements | Tagged , , , , , , | 3 Comments

New Case Law – Preservation

On March 2, 2011, the Oregon Court of Appeals published an opinion in Gagliardi and Gagliardi.  The opinion does not provides a stark reminder of the importance of having competent trial counsel.  In this case, Husband appealed from various rulings … Continue reading

Posted in Appeal | 1 Comment