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

New Case Law – Third Party Visitation

Oregon Court of Appeals in Digby and Meshishnek held that the trial court erred in awarding visitation on the basis of an ongoing personal relationship. The statutes defining “child-parent” relationship and “ongoing personal relationship” have separate requirements that must be shown by different burdens of proof, thus, an ongoing personal relationship is not “lesser included” within an allegation of a child-parent relationship. Continue reading

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

New Case Law – date of valuation of retirement account

On January 19, 2011, the Court of Appeals issued an opinion in Deming and Deming, a case in which the court ruled on an issue of the proper date of valuation of husband’s retirement accounts.  The entire opinion can be … Continue reading

Posted in Dissolution, Divorce, Property Division | 1 Comment

New Caselaw – PERS benefit estimates

When PERS retirement benefits are being divided in a divorce there are at least two issues that the divorcing spouse needs to be aware of: 1.  You cannot rely on a PERS benefit estimate created by PERS.  The court of … Continue reading

Posted in Divorce | 2 Comments

New Case Law – NO Attorney Fees in Denial of Petition for Review

The Oregon Supreme Court recently ruled in both Polacek and Polacek and Bolte and Bolte, family law cases which were both decided on December 2, 2010, that the court does not have the statutory authority to award fees to a … Continue reading

Posted in Divorce | 1 Comment

Overprotective Parenting – Impact on Child Custody Proceedings

The November isse of the American Bar Association Journal had an interesting article on overprotective parents.  The article says that psychologists are concerned that overprotective parents often leave a child without an independent outlet.  Interestingly, from a legal perspective in … Continue reading

Posted in Child Custody | 5 Comments

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

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