Divorce Attorney McMinnville Oregon
Divorce/Dissolution of Marriage
One of the most difficult matters in the realm of family law is child custody. When two parents are fighting over who will get custody of a child, tempers can flare and arguments are very likely to ensue. This is due to the fact that both parents want to be actively involved in the life of their child and neither wants to feel as if they will not have a quality bond or sufficient time with their child.
A divorce is initiated by filing a “Petition for Dissolution of Marriage.” Once the other party is served, they will have 30 days to respond before a default can be sought against that party. Contemporaneously, a Motion can also be filed requesting temporary relief, including exclusive use of the family home, custody, parenting time and financial support. After served, a reply is required within 14 days. If the other party agrees with all requests, a Stipulated General Judgment of Dissolution is filed. When a judge signs, the divorce is final. If any matter is contested, mediation is ordered (if there are children involved), a status conference is set and statutory financial restraining orders become effective. If you have children together, a mandatory parenting class is required in all counties.
Why Choose Our Divorce Lawyers?
If you are currently engaged in a conflict over child custody, now is the time to meet with our team of family law attorneys. We have vast experience handling all types of family matters and would be more than willing to meet with you one on one. All you have to do is call us to set up your comprehensive case evaluation.
Custody Attorney McMinnville Oregon
One of the most difficult matters in the realm of family law is child custody. When two parents are fighting over who will get custody of a child, tempers can flare and arguments are very likely to ensue. This is due to the fact that both parents want to be actively involved in the life of their child and neither wants to feel as if they will not have a quality bond or sufficient time with their child.
Handling Custody and Parenting Time Cases in Oregon
Child custody, parenting time, division of assets, and child support and spousal support matters must all be settled before reaching the conclusion of the divorce process and with two individuals who can no longer get along it may be rather difficult. Fortunately, seasoned McMinnville custody attorneys at Goodfellow Law help individuals and families all throughout Oregon with difficult family-related legal matters.
When you are making a decision for custody, important matters of support and parenting time should also be taken into account. ORS 107.137 sets forth the factors a judge must consider when determining the best interests of your children, and thus, who should be the custodial parent. Without legal intervention, this may be nearly impossible to completely agree upon, especially if both parties intend to keep custody of the children.
Defining & Determining Parenting Time Rights
While “custody” determines who makes major decisions for a child, “parenting time” is the right that parents have to see their children. Set out by the court is a parenting plan that each spouse must follow. Depending on each specific case, one parent will have custody of a child while both parents will have parenting time with a child during specific days or hours. Determining parenting time is vitally important because it not only allows the non-custodial parent to spend time with a child but also accounts into the calculation for child support.
McMinnville Oregon Divorce Lawyer
Protecting Your Property in Divorce
If you are going through a divorce in Oregon, one major concern may be the division of your assets. It is natural for spouses who are about to part ways to want to remain in possession of their property. Yet, in the state of Oregon, all marital property must be divided in accordance with the law. This is why it is in your best interests to retain the services of a Goodfellow Law attorney and their substantial experience in family law.
Oregon Property Division Laws
In most states, any time spouses decide to divorce or to legally separate, the division of their marital property is equitably distributed. This holds true in Oregon. The only way equal distribution of marital assets can be avoided is if a spouse has a pre or post nuptial agreement, an intact marital agreement, or a “presumption of equal contribution” is rebutted through evidence and witness testimony.
Ensure You Have Legal Knowledge on Your Side
Division of assets cannot be modified when finalized, except in cases of fraud. It can have long-term consequences on spouses, which is why spouses should always hire a Goodfellow Law divorce attorney. We have worked on numerous divorce and legal separation cases and have always made sure that our clients were fairly dealt with during these proceedings. Our McMinnville family lawyers will do everything possible to ensure that you are able to obtain ownership of your fair share of marital assets when your divorce is completed.
Restraining Order Attorneys McMinnville Oregon
Experienced Family Lawyers on Your Side
A “Family Abuse Prevention Act Restaining Order” or “FAPA,” is a type of legal order that prevents a person in a certain way, such as ordering them from contacting the individual that filed the restraining order or coming within a certain distance of them. Generally, FAPA orders are meant to protect filers from people who they feel may compromise their well-being and safety or from people who they feel are menacing or threatening.
Often times, in Oregon people choose to seek restraining orders in order to protect themselves or their children. They are also commonly sought when people are going through a divorce a separation and feel like their safety may be compromised by their future exes. When individuals have properly obtained restraining orders, their partners will not be allowed to contact them or be within a certain proximity of them or they could face legal action, such as having to pay fines or serve jail time.
Hiring Goodfellow Law for Restraining Order Matters
If you are in need of a restraining order, or wish to challenge the sufficiency of a FAPA issued against you, now is the time to speak with a Goodfellow Law lawyer. We have worked with hundreds of clients just like you. With our help, our clients were able to successfully obtain restraining orders, or have them dismissed, in minimal time. Our restraining order lawyers in McMinnville OR are very familiar with obtaining legal orders during family law cases and can provide you with immediate and effective assistance.
Spousal Support Attorneys McMinnville Oregon
Spousal support, formerly referred to as “alimony” in the state of Oregon, is a monthly payment made by an independent spouse to a dependent spouse after a divorce or during a separation. In the past, spousal support was usually paid by husbands to their ex-wives, but now that has changed as more and more women are being asked to pay their ex-husbands spousal support.
Whomever the court deems to be in a financially superior position will be responsible for making monthly support payments, absent some exceptions. Typically, this spouse has been the primary income provider and will have a responsibility to make sure that the dependent spouse’s day-to-day needs are covered, such as expenses related to housing, food and clothing.
Determining Spousal Support Payments
Generally, spousal support will be awarded on a transitional (short-term) or maintenance (long-term) basis. If a marriage was lengthy, the court can order that the independent spouse pay “indefinite” spousal support,” always subject to modification or termination in the future if “substantial” and “unanticipated” circumstances change. The amount of spousal support and the length of payment will depend many factors, including but not limited to:
- Age of the parties
- A party’s education, training and work experience
- Health of the parties
- Length of the marriage
- Needs of a party
- Ability of a party to pay
Paying spousal support can present many challenges to independent spouses and may even seem a bit unfair. Yet, the law places this requirement on spouses who have appropriate means. However, anytime an independent spouse’s financial means change for the better or for the worse, spousal support payments may be modified. For example, if an independent spouse loses his or her job he or she may seek spousal support modification by working with a Goodfellow Law divorce attorney in McMinnville Oregon. We can review your individual case and then pursue appropriate legal measures so your spousal support payments are modified by the Oregon family courts.
Oregon Stepparent Adoption Attorneys
Let Our Compassionate Legal Team Help
If you are married to someone with a child from a previous relationship, you might be thinking about adopting your stepchild. Many stepparents consider this as a step towards building a better relationship with your partner’s child and building a stronger, more cohesive family. If you’re concerned with how this process works, give our adoption attorneys a call. We have been helping people with family law cases for decades. We can help advise you of your rights and legal options before you take the next step.
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Requirements of Stepparent Adoptions
In the state of Oregon, if you want to adopt your partner’s child, you must first meet some requirements. If both parents wish to be in the child’s life, it can be complicated. You must be legally married to your partner or be registered as a domestic partner, and you must have the permission of the other parent before the adoption can be completed. The court will end the parental rights of the child’s other birth parent before the adoption can take place. In cases where the other parent agrees to relinquish his or her rights, the parent can sign their written consent to the adoption. If the parent does not agree you will need to get a court order to end the other parent’s parental rights after proving you tried everything possible to get the other parent to agree to the adoption to the judge. An attorney will be critical in this kind of situation.
How It Works
This process notifies the court about your child’s conception and whether there are any other parents. Both your spouse and you need to complete a separate declaration. You must then take these forms to the county clerk, who will charge a filing fee. Alternatively, you could send these forms to your lawyer or an adoption agency, who will file the forms for you.
After this, a social worker will write a report giving relevant information to the judge about the adopting parents and the child. The social worker will ask you questions, and you may have to fill out forms and pay a fee for this report. The social worker will file the report with the court and also send you a copy. When you receive the report, ask the clerk for the date of your adoption hearing. Finally, you will attend the adoption hearing, where a judge will make the determination of whether or not the adoption is approved.
The adoption process can be complicated. To ensure you are filing the correct paperwork and completing the right steps, consult with one of our experienced attorneys. Our team at Goodfellow Law provides outstanding legal services to people who are experiencing many different types of family law issues in Oregon. Our law offices are committed to providing each person we help with personalized attention in order to make the legal process as efficient and stress-free as possible
Guardianship Lawyers in McMinnville Oregon
Forging Families & Serving Best Interests
Are you hoping to obtain guardianship of a child? If so, now is the right time to speak to a Goodfellow Law attorney. An Oregon family law attorney from our team can advise you of your rights, inform you of your legal options and also guide you through the legal process as you set out to obtain legal guardianship.
State Specifics on Guardianship
In the state of Oregon, guardianship applies to adults who are seeking legal authority and responsibility for children. In cases involving children, people seeking guardianship will request to have legal responsibility for children until they reach 18. Usually, guardians are appointed when children’s biological parents are dealing with a terminal illness, are deceased or are incapable of providing for their children due to mental or physical reasons.
Securing Legal Experience on Your Side
If you are thinking about pursuing guardianship, it is very important that you are aware of your rights and responsibilities as a future guardian. Additionally, you need to be aware of the alternatives to guardianship as well as the legal process surrounding this complicated family law matter. In order to become knowledgeable and prepared, we strongly encourage you to work with our team of Oregon guardianship attorneys who will do everything possible to help you obtain the outcome you desire.
Oregon Conservatorship Lawyers
Helping You Help Your Loved Ones
In the state of Oregon, conservatorship is a legal concept that allows a person to take legal “control” of another person. For example, a person may seek conservatorship of an elderly loved one who is no longer mentally or physically able to take care of his/her self. Additionally, a person may seek conservatorship of a person in his or her family who has lost his/her parents or is dealing with a serious disability and needs ongoing help.
Once a person has successfully obtained conservatorship of another family matter, he or she will be known as the conservator and will have legal control of the other person. This means that the conservator will have the legal right to make decisions for the person and will be responsible for acting in the person’s best interests at all times.
When to Consider Conservatorship
Whenever families are dealing with an adult loved one who can no longer take care of him or herself and is in need of day-to-day assistance, conservatorship may be the best solution. This is due to the fact that disabled family members are unable to provide for themselves and will benefit from having an appointed individual looking out for them.
SELECT GOODFELLOW LAW FOR ALL YOUR FAMILY LAW MATTERS
The attorneys at Goodfellow Law will expertly assist you with all the unique legal issues that arise during these times of high emotion and conflict, including:
- Divorce
- Custody Disputes
- Spousal Support and Child Support
- Domestic Violence and Restraining Orders
- Mediation
- Domestic Partnerships
- Prenuptual and Postnuptual Agreements
- Equitable Property Distribution
- Emergency Orders
- Cohabitation Agreements
- Juvenile Dependency and Delinquency
- Self-Represented Consultation