March 2, 2011

New Case Law – Preservation

On March 2, 2011, the Oregon Court of Appeals published an opinion in Gagliardi and Gagliardi.  The opinion does not provides a stark reminder of the importance of having competent trial counsel.  In this case,…

March 2, 2011

Rewriting Your Marriage Contract With A Postnuptial Agreement

We’ve previously blogged about altering your rights on divorce by using a prenuptial agreement.   Prenuptial agreements are authorized by statute, and must occur before the actual marriage.  So what do you do if you…

March 1, 2011

Saving Money And Reduce Divorce Conflict By Hiring Joint Experts

Divorce can be expensive. Many cases need experts to appraise real estate or collections or a business. If each side hires their own expert, the costs of the experts can be astronomical, and differing valuations…

February 26, 2011

Military Divorce Issues – Child Custody and Deployment

Defense Secretary Robert Gates reversed the Pentagon’s prior position and now supports legislation that would prevent service members from losing custody of children solely due to deployment.  Previously the Defense Department had not supported such…

February 23, 2011

New Case Law – Third Party Visitation

Oregon Court of Appeals in Digby and Meshishnek held that the trial court erred in awarding visitation on the basis of an ongoing personal relationship. The statutes defining “child-parent” relationship and “ongoing personal relationship” have separate requirements that must be shown by different burdens of proof, thus, an ongoing personal relationship is not “lesser included” within an allegation of a child-parent relationship.

January 29, 2011

UCCJEA subissue 3

January 29, 2011

UCCJEA subissue 3

January 29, 2011

UCCJEA subissue 2

January 29, 2011

UCCJEA -subissue 1

January 29, 2011

Interstate Custody Disputes And The Uniform Child Custody Jurisdiction Enforcement Act

We live in a mobile society. Divorcing parents may live in different states, and the children may travel back and forth between Oregon and other states prior to anyone filing for divorce or custody.  Can…