Category Archives: Appeal

New Case Law – Treatment of Appreciation of Separate Asset During Marriage

The Oregon Court of Appeals published an opinion in Fields and Fields on March 24, 2010.  The entire opinion can be viewed here:  http://www.publications.ojd.state.or.us/A141040.htm The case dealt with the treatment of wife’s separately held company.  Wife was given the company … Continue reading

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

New Case Law – What is the correct amount of spousal support

The Oregon Court of Appeals filed an opinion in Quant and Carrier on March 17, 2010.  The entire opinion can be read here:  http://www.publications.ojd.state.or.us/A136186.htm The case dealt with what the proper amount of maintenance spousal support should be pursuant to … Continue reading

Posted in Appeal, Spousal Support | Tagged , | 3 Comments

New Case Law – What is a “Written Response”? (or, how to avoid a default)

With almost 80% of cases in domestic relations involving pro se (self represented) litigants, it is not uncommon for a party to fail to respond to a pleading and find themself defaulted.  The court of appeals in Nolan and Nolan, … Continue reading

Posted in Appeal, Child Custody | Tagged | 2 Comments

New Case Law – Indefinite Spousal Support in a Long-Term Marriage

The Court of Appeals decided the case of Bolte and Bolte on February 17, 2010.  The case is an appeal from a divorce trial.  The Court of Appeals modified the spousal support award made by the trial court. Husband and … Continue reading

Posted in Appeal, Dissolution, Divorce, Legal Developments, Spousal Support | Tagged | 7 Comments

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

New Case Law – Spousal Support Amount and Disability Income

As a Portland Oregon divorce law firm, Stephens & Margolin LLP is dedicated to keeping up to date on Oregon Court of Appeals and Oregon Supreme Court opinions. As a service of The Oregon Divorce Blog, we will be providing … Continue reading

Posted in Appeal, Dissolution, Divorce, Spousal Support | Tagged , , , | 1 Comment

New Case Law – Lump Sum Spousal Support

As a Portland Oregon divorce law firm, Stephens & Margolin LLP is dedicated to keeping up to date on Oregon Court of Appeals and Oregon Supreme Court opinions. As a service of The Oregon Divorce Blog, we will be providing … Continue reading

Posted in Appeal, Dissolution, Divorce, Legal Developments, Property Division, Spousal Support | Tagged , | 3 Comments

New Case Law – Constructive Trust Over Life Insurance

Clients often feel very upset about having to provide a life insurance policy to secure their spousal or child support obligation. The most common complaint is with regard to the beneficiary designation for securing child support. Generally the other parent … Continue reading

Posted in Appeal, Child Support, Dissolution, Divorce, Enforcement, Legal Developments, Spousal Support | Tagged , | 2 Comments

New Case Law – an Oregon divorce lawyer’s take on why NOT to harass your spouse post separation (and a few other issues)

On March 4, 2009, the Oregon Court of Appeals published an opinion in Boyd and Boyd.  In the Boyd case, wife appealed from a divorce judgment, claiming the trial court erred in dividing the marital property, awarding husband attorney fees, and … Continue reading

Posted in Appeal, Attorney Fees, Dissolution, Divorce, Property Division, Spousal Support | Tagged , , , , , , , , , , | Leave a comment

New Case Law – Taking the kids back from Grandma

Court of Appeals reverses trial court ruling regarding grandparent’s rights in Oregon. Continue reading

Posted in Appeal, Child Custody, Grandparents | Tagged , , | 1 Comment