It may be helpful to look at a recent study done by the American Bar Association, in which judges around the country were asked about their opinions on the impact of not having an attorney in a divorce.  More than 60% of the judges interviewed believed that not having an attorney hurts parties in divorce cases.  Why?  Some of the problems that non-represented parties had were the failure to present necessary evidence to the trial judge (94% of judges saw that as a problem), the failure to effectively examine trial witnesses (85%) and making poor or ineffective arguments to the judge at trial (77%).  The report is available here:  AMA Report.

It is true that not every case requires an attorney, but when you are dealing with issues as important as custody and parenting time for your children, it’s better to be safe than sorry.  Before you decide to hire an attorney, make sure that you meet with any prospective attorney to make sure that you and s/he are a good fit.  You should also make sure that you clearly understand the financial arrangements that you make with any attorney you hire.  Many attorneys offer alternative payment methods that may help you afford an attorney, such as payment each month by credit card instead of having to provide a retainer.

If you are looking for an attorney in the Portland, OR area, contact Bobzien McGuire today. You can reach our attorneys from 8-5 Monday through Friday at (503) 245-0894. 

While the divorce is in process you need to complete several things before the divorce can be finalized. First, both parties should (and in some cases must) go to mediation. Parties are encouraged to reach compromises on contested issues at mediation through the help of a full time neutral mediator.

Second, both parties must provide discovery to each other. Discovery allows both parties an opportunity to get a clear financial picture of the marital assets and debts. Broad discovery rights are afforded to both parties in order to gather all the information needed for a fair settlement.

Finally, if the parties have minor children, they must attend a parenting course before the case can be finalized. The length and cost of the class varies from county to county.

If you are going through a divorce in the greater Portland area, call the attorneys of Bobzien McGuire at (503) 245-0894. We specialize in divorce and custody matters, and would be happy to assist you throughout the divorce process.

There are ways to rebut the presumption of equal contribution. For example, if one spouse opened a credit card, and the entire balance owed could be attributed to that spouse’s personal trips to Hawai’i, then you would have a colorable argument rebutting the standard presumption. There are many other ways to rebut the presumption of equal contribution, but it is typically very difficult to do.

The law firm of Bobzien McGuire practices divorce and custody in the greater Portland area, including Beaverton, Hillsboro, Oregon City, West Linn, Lake Oswego, and surrounding communities. Call today for a free half hour consultation at (503) 245-0894.

Oregon law gives parties facing divorce an opportunity to ask the Court for “Temporary and Exclusive Use of the Marital Residence” in two situations. First, under ORS 107,095(1)d, if children reside in the marital residence, the Court will order one parent to move out “for such period of time and under such conditions as the court may determine” if the Court decides that it is in the “best interests of the children” for one parent to move out. The court’s best interests of the children analysis is a complex legal determination which I explored in an earlier post. Secondly, ORS 107.095(1)g allows a party to obtain exclusive use if the Court finds that one of the parties has assaulted or threatened to assault the other party.

If you, or someone you know in the Portland area needs advice on a family law matter such as exclusive use of the marital residence, please have them contact the law firm of Bobzien McGuire at (503) 245-0894 or by email at loren@portlandfamilylaw.com. Our law firm specializes in family law and would be happy to advise you any matter pertaining to domestic relations legal services.

Second, a restraining order can only be filed against souses, former spouses, adults related by blood, marriage or adoption, someone you have been sexually intimate with in the last two years, or unmarried parents of a child. You cannot obtain a restraining order against any person who is not on this list, regardless of how egregious their behavior was.

The law offices of Bobzien McGuire can advise you throught the restraining order process. Our attorneys have litigated over 150 restraining order cases in the greater Portland area. Please call (503) 245-0894 for a consultation.

First, it must be shown that the change of circumstances was unanticipated, and the change must relate to a parent’s capacity to care for the children properly. Once those hurldes have been cleared, the Court moves to the second part of its analysis – whether the modification of custody is in the children’s best interests. For a more detailed analysis of factors influencing the children’s best interests, read my earlier blog post on the subject, attached here.

Finally, not all “changes in circumstances” are considered “substantial” enough to trigger a modification analysis. The following is a list of events that may qualify as a significant change in circumstances:

1.  Gross moral misconduct of the custodial parent;

2.  The custodial parent’s neglect or delegation of parenting;

3.  De facto custody by the non-custodial parent;

4.  Instability of the custodial parent; and

5.  The custodial parent moving more than 60 miles from the non-custodial parent.

The above list is by no means comprehensive.

For more information on modifying custody, and the change of circumstances rule, contact Loren Thompson at (503) 245 0894. More information about my firm is available at Portlandfamilylaw.com.

1. The emotional ties between the child and other family members;

2. The interests of the parties in and attitude toward the child;

3. The desirability of continuing an existing relationship;

4. The abuse of one parent by the other;

5. The child’s preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

6. Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the other parent and the child.

The court cannot determine the child’s best interests by isolating any of the above factors and relying on it to the exclusion of other factors.

Obtaining custody is a long and complicated process. Receiving legal advice on custody matters is important as there are several legal maneuvers that could make the difference between being the custodial parent or being the non-custodial parent. Indeed, in many custody cases the parent who wins is the first to receive legal advice. In other words, time is of the essence in these matters. Contact the attorneys at Bobzien McGuire through email at loren@portlandfamilylaw.com or via telephone at (503) 245-0894 for more information on how to protect your parental rights.

The second method to challenge paternity comes into play if more than 60 days have elapsed since paternity was established. The Court will set aside paternity at this point only if “fraud, duress, or a material mistake of fact” occurred.

Fraud, duress and material mistake of fact are specific legal terms that should not be confused with their ordinary meanings. That is, although the legal terms are similar to their ordinary meanings, specific elements of a pre-written definition must be established before a court will agree that fraud, duress or material mistake of fact occurred in a legal sense.

For example, fraud is defined as “(1) the declarant falsely represented a material fact; (2) the declarant knew that the representation was false; (3) the misrepresentation was made with the intent to induce the recipient to act or refrain from acting; (4) the recipient justifiably relied on the misrepresentation; and (5) the recipient was damaged by that reliance”. State ex rel Dep’t of Human servs. v. W.C.,  216 Or App 137. All elements must be proven in order to demonstrate fraud.

The law firm of Bobzien McGuire specializes in all aspects of domestic relations, including paternity matters. To learn more about our firm call (503) 245-0894 or visit our website at PortlandFamilyLaw.com.

A. Alimony (or spousal support): As a basic rule, recipients of alimony must count the money collected as income; payors may deduct alimony payments on their yearly tax return.

The practical effect of this rule, for payors, is that it makes sense to include as much of your support obligation under the alimony umbrella as possible. That is, if you agree to a $1,000 per month alimony payment, and the child support calculator says you should pay $1,000 in child support, for tax purposes it would help to classify as much of the total support award as spousal support as possible.

B. Child Support: There are no tax consequences for child support. The recipient of child support does not include child support as income in their tax return, and the payor cannot claim a deduction for paying child support.

C. Dependency Exemption: The parent who has physical custody (defined as having more than 1/2 the overnights) is entitled to the dependency exemption. The party who is entitled to the exemption may waive that right and give it to the other parent if they wish. Certain requirements must be met to follow internal revenue standards.

D. Tax Returns: Many divorcing couples want to file joint returns in order to capture some of the financial benefits associated with doing so. Notably, you can only file jointly if you are still married on the last day of the tax year in question. In other words, even if you are separated, and the divorce papers have been served, you can still file jointly as long as the judge has not signed the divorce judgment. As always, you can choose to file separately if you so choose.

Please visit Portlandfamilylaw.com for more information on Bobzien McGuire, LLC, a law firm specializing in all aspects of domestic relations law.

There are several important factors that a judge considers before ordering spousal support. The following is a non-inclusive list highlighting some of the more prominent issues:

1. Calculation of the income discrepancy between the parties.

2. The level of contribution one party makes during marriage to the “education, training, vocational skills, career or earning capactiy of the other party.”

3. The age of the parties.

4. The education level of the parties.

5. The health of the parties.

The general goal of spousal support is to allow both parties to enjoy the same standard of living that they did during marriage. Oftentimes this is an impossibility simply because there isn’t enough money to go around. In most spousal support cases one party earns a significantly greater yearly income, and even though that income can comfortably support one household it is often a stretch for that money to cover two households.

The lawyers at Bobzien McGuire specialize in all facets of domestic relations law, including spousal support. You can reach an attorney at Bobzien McGuire by calling (503) 245-0894. Alternatively you can learn more about the firm by looking at our website which is located at Portlandfamilylaw.com.