Category: Divorce
Premarital Asset Protection With A Prenuptial Agreement – Requirements For Validity
As Portland Oregon based divorce lawyers, we get a lot of questions from people about protecting existing wealth or income in the event of a divorce. The time lawyers can help the most is before…
New Case Law – date of valuation of retirement account
On January 19, 2011, the Court of Appeals issued an opinion in Deming and Deming, a case in which the court ruled on an issue of the proper date of valuation of husband’s retirement accounts. …
HB 2815
One other one … HB 2815 Repeals statute prohibiting civil causes of action for alienation of affections. I didn’t know what that was until I just googled it … This seems to be a bigger…
Guidelines For Parents After Divorce
How you act after divorce has a significant influence on the emotional adjustment of your children. After 16 years of helping Oregon parents during and after divorce, I have seen divorced parents behave in ways…
Can Custody Be Decided Before The Rest Of My Divorce?
Some Oregon divorce clients ask about getting a final resolution on custody before completing the resolution of other issues (like property division and support). ORS 107.105(1)(a) provides in part that the court ” may hold…
New Caselaw – PERS benefit estimates
When PERS retirement benefits are being divided in a divorce there are at least two issues that the divorcing spouse needs to be aware of: 1. You cannot rely on a PERS benefit estimate created…
New Case Law – NO Attorney Fees in Denial of Petition for Review
The Oregon Supreme Court recently ruled in both Polacek and Polacek and Bolte and Bolte, family law cases which were both decided on December 2, 2010, that the court does not have the statutory authority…
Divorce Judgment Timing and Tax Filing Status
When representing clients with Oregon divorce cases, we get a lot of questions about divorce and tax filings. There seems to be a lot of confusion about when you can file jointly with a…
New Case Law – post-separation mortgage payments and equal division
On November 10, 2010, the Oregon Court of Appeals published its opinion in Clapp and Clapp. The entire opinion can be found here: http://www.publications.ojd.state.or.us/A137905.htm The case makes two important points: 1. How to treat payments…
New Case Law – Usupervised Visitation
On October 13, 2010, the court of appeals issued an opinion in Long and LeDuc (http://www.publications.ojd.state.or.us/A142477.htm). Mother appealed the trial court’s ruling that father could have unsupervised time with his son. The court of appeals held…
