Your Family Law Questions ANSWERED
What do you really know about family law?
If you’re like a lot of the people we provide counsel to, your knowledge of family law isn’t all that relevant until you find yourself in a position where you need to hire an attorney that specializes in this area of the law.
Generally speaking, family law focuses on issues and laws that pertain to domestic relations, matrimonial law, and other related family matters.
And, despite the emotionally charged nature of many family law disputes, and the perceptions of what many might have about those disputes, most cases can be settled without a judge needing to intervene, with the assistance of the right family law attorney.
How does Oregon approach family law?
In Oregon, there are existing statutes (a law that has been written and passed by our representative legislative body) and case laws (laws that have been created or interpreted by judicial decisions) that define issues relating to marriage, separation, divorce, division of property, spousal support, child custody, parenting time, child support, and more.
Though family law can include a wide range of subjects, at DBMA, we focus primarily on issues pertaining to divorce, child custody, support, and cohabitation and prenuptial agreements, while also offering services related to traditional litigation, mediation, attorney assisted negotiation, collaborative law, and limited scope services.
Let’s get into greater detail on some of the subjects you might be less familiar with.
What are some of the family law specialties I should know about?
Though there are certainly nuances to the range of support regarding subjects like divorce (including things like division of property, spousal support, and prenuptial agreements) and child custody (such as parenting time and child support), there are some lesser known services that can be of great value to those who need them.
Traditional litigation services
Traditional litigation services are those services that follow a typical court process, where a party files their complaint (via a motion or petition), and discovery and negotiation ensues.
Discovery creates the opportunity for both parties to share evidence, make statements in a deposition (essentially an interview under oath) and give each camp the opportunity to understand the others’ position while preparing for court.
This also creates the opportunity for negotiation, which will often lead to a settlement before the case ever makes it to court.
Of course, barring a settlement, a decision on the case will be made, either by a judge in court or in arbitration. Arbitration is an alternative to traditional dispute resolution that is legally binding and enforceable in court.
In our experience as family law specialists, these cases will be settled out of court nine out of ten times!
Collaborative law
If you’ve never heard of collaborative law before, that’s okay. It’s a rapidly growing strategy for resolving disputes pertaining to divorice and child custody, one that places an emphasis on all parties involved maintaining a positive relationship.
How it works is both parties must have representation by attorneys trained in the collaborative law process. (This strategy requires special training and should not be undertaken without it.)
Going down the collaborative path also means that there is agreement to not go to court, but instead, the litigants, their attorneys, and an agreed upon team of experts that can include a financial expert, a child specialist, and a divorce coach will hold a series of meetings to share information, perspectives, and any necessary clarifications so that negotiations can begin and potential settlements can be offered.
The goal here is to create equitable outcomes that create a foundation for durable agreements and amicable long-term relations. Should the negotiations break down, then the process shifts over into a traditional court proceeding, with new litigation representation supporting each party. Similar to mediation, the communication and work product from collaborative meetings cannot be used in future court proceedings.
Limited scope services
Sometimes your family law needs require a different level of support, which is why we offer limited scope services to those who need them.
Limited scope services consist of an array of support, including legal research, second opinions, assistance with drafting legal documents, mediation, and more.
These services can be particularly useful for those who are intending to do a great deal of their own legal work in their family law matters. When it comes to reaching your desired outcomes, the details can mean everything, and you don’t want to leave anything to chance. DBMA can provide you coaching, second opinions on your paperwork before you submit it to the court, review of mediation agreements, and one-time consultations.
Interested in learning more about how DBMA can assist you with your family law-related matters? Contact us today for your confidential consultation. We’d be happy to assist you!