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…
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…
Oregon Parenting Coordinators
We talk to a lot of parents in Oregon about parenting time and visitation problems, especially in high conflict cases. From working with parents, I know it can be frustrating to wait months for a…
Oregon’s Parenting Policy
When consulting with Oregon parents about parenting time and parenting plans, I get lots of questions about what kind of parenting time a judge might order. There is a lot of misinformation about what Judges…
At what age can a child decide custody/parenting time?
This is a trick question. There is no age at which a child can make these decisions, until he/she turns 18 and the court no longer has jurisdiction over them. There are, however, a few…
Divorce Mediation Benefits
The courtroom is not the only path to a good resolution. Divorce mediation is a wise choice in most cases. I recently made an appearance in a county which allows for hearings on temporary custody…
New Case Law – Third-Party Custody and Parenting Time
On January 6, 2010, the Oregon Court of Appeals made a ruling in Hanson-Parmer and Parmer on the issue of what evidence is required to demonstrate a “child-parent relationship” under ORS 109.119. The entire opinion…
Runaway Wives and Dowry Harassment
The Indian court system does not properly recognize divorces issued in the United States. A divorced wife can flee on her own, or even worse with the parties’ children to India. Once there, she can…
What rights does a non-custodial parent have?
In addition to the rights provided in the judgment with respect to parenting time and anything else agreed upon between the parties or ordered by the court, a non-custodial parent has certain statutory rights. They…
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.
