Category Archives: Myths

Can I get exclusive use of the home during my divorce?

Divorce can be a time of stress and uncertainty. People change living arrangements and residences, sometimes voluntarily, and sometimes by court order. As family law lawyers based in Portland, Oregon, we hear lots of questions about who gets to live … Continue reading

Posted in Annulment, Dissolution, Legal Separation, Myths | Tagged , , , | 1 Comment

New Case Law: Settlement on the record

Most family law cases settle without a trial. Courts encourage settlement of family law issues, and the legislature expressly provides that it is Oregon’s policy to “encourage the settlement of suits for marital annulment, dissolution or separation . . .” … Continue reading

Posted in Dissolution, Divorce, Legal Developments, Myths, News, Property Division, Settlement, Spousal Support | Tagged , | 1 Comment

Can I move out with the kids? The “Temporary Protective Order of Restraint” and “Status Quo Order”

As family law lawyers based in Portland, Oregon, potential clients ask us about if they can move out of the family home with the children, or if they can prevent a move. We hear questions like the following: Can I … Continue reading

Posted in Child Custody, Dissolution, Divorce, Grandparents, Modification, Myths | Tagged , , | 14 Comments

Which divorce model is best for me?

Clients have a few options regarding a procedure model for their divorce case.  They can go the standard litigation route through the courts, engage in mediation, or use the collaborative divorce model.  There are costs and benefits to proceeding under … Continue reading

Posted in Alternative Dispute Resolution (ADR), Collaborative Divorce, Dissolution, Divorce, Domestic Partners, Domestic Violence, Legal Developments, Myths | Tagged , , , | 2 Comments

Top Ten List: Top 10 ways to do well in your divorce case

As a Portland, Oregon based family law firm we field a lot of questions from potential clients about how to “succeed” in a divorce case. One message that surprises many people is that there are seldom any clear winners in … Continue reading

Posted in Dissolution, Myths, Top 10 List | Tagged , , , , , | 3 Comments

Divorce Myths: Why isn’t my lawyer being a jerk to the other lawyer?

One “Divorce Myth” we come across is that some clients expect you to be a jerk to the other lawyer. The myth is that such behavior is beneficial to the client and part of being an advocate. The reality is … Continue reading

Posted in Divorce, Myths, Out of State | Tagged , , , | 1 Comment

I’m going to get divorced, should I sell my home first?

As an Oregon divorce lawyer a large part of my job is figuring out how best to deal with divorcing parties’ family home and other real property. In most cases, the family home is a husband and wife’s largest asset. … Continue reading

Posted in Dissolution, Divorce, Myths, Property Division | Tagged , , | 2 Comments

Divorce Myths: The differences bewteen an annulment, legal separation, and a divorce

As a divorce lawyer practicing in Portland, Oregon, one common myth I hear is that annulments offer substantially different relief than divorces. Another version of the myth is that legal separations offer substantially different relief than divorces or annulments. The … Continue reading

Posted in Annulment, Dissolution, Legal Separation, Myths, Property Division, Spousal Support | Tagged , | 1 Comment

Divorce Myths: The court will want to hear about my spouse’s fault.

Many clients, in the first meeting, ask me what effect will their spouse’s bad acts have on the case. We hear about many human problems, from alcohol and drug addiction to abuse to adultery. We are frequently asked will they … Continue reading

Posted in Dissolution, Myths, Property Division | Tagged , , | 1 Comment

Divorce Myths: I can move to Oregon and file for divorce immediately.

A surprisingly common “divorce myth” we hear in our practice is the belief that you can file for divorce immediately on moving to Oregon (or any state.) Oregon, like most states, has a residency requirement you must meet before you … Continue reading

Posted in Dissolution, International, Myths, Out of State | Tagged , , | 1 Comment