Custody, Divorce, And Family Law

Oregon is a “no fault” dissolution of marriage state, which means that neither party needs to prove a “grounds” before the court will grant a dissolution of marriage, commonly called a divorce. If either party alleges that irreconcilable differences have caused the irremediable breakdown of the marriage, the trial court in Oregon is bound to grant the remedy of dissolution of marriage. It is not necessary to prove mental cruelty, physical cruelty, abandonment, desertion, adultery, and so forth which were grounds for divorce in the past.

However, the facts of each case are different, making every family law case unique.

Basically, in a divorce or dissolution of marriage case, not involving child custody, each party is required to provide an inventory of assets and liabilities together with a proposed distribution of both in a manner that will allow the trial court to provide a “fair and equitable” remedy for the parties. Under certain circumstances, such as cases when there are no custody or support issues, the case will be referred to arbitration to see if the disputes can be resolved and to avoid the necessity of a formal trial before the court. If either party is dissatisfied with the arbitrated decision, they may appeal an arbitrator’s award. This development frequently results in parties accepting an award which is mutually unsatisfactory but financially less risky than requiring the courts to rehear the financial and property issues.

Child custody cases are among the most difficult litigation in the trial courts. If you are confronted with a child custody dilemma, you should act quickly to obtain legal and other assistance. When the “best interests” of children are an issue, it is not unusual for a family court judge to appoint separate legal counsel for a child or a group of siblings to see that the children’s interests are protected.

If you have a child custody or family law problem and wish to forward the preliminary information to us for review and response, we will respond at our first opportunity.