To schedule a consultation, contact our office online or call 503.451.0477. Credit cards are accepted.
Nicole understands that a change in the family is oftentimes difficult and emotional and that the legal process can be confusing and intimidating. During a consultation, Nicole will explain what to expect during the case and how the case will be handled. Nicole works closely with each client to answer questions, advise the client of their rights, and guide them through the legal process. When possible, she will work to reach a favorable resolution through negotiation. However, if litigation is required, Nicole is a seasoned litigator prepared to aggressively represent her clients in the courtroom.
“I understand that change in the family is often difficult and emotional…”
Family law cases are unique to the families involved. In a divorce case, the court makes a “just and equitable” distribution of the marital property, which may or may not be a 50:50 split. The division of property, which includes assets as well as liabilities, is fact driven. In a high asset divorce case it is important to determine what constitutes “marital assets.” Property acquired before the marriage is separate property. However separate property can become marital property depending on how it is treated during the marriage.
Likewise, whether an award of spousal support is appropriate in a divorce case is also fact driven. There is no set formula that determines an award amount. Rather, there are three different categories of spousal support and the court will evaluate the circumstances of the family dynamic to determine if an award is appropriate under one of the categories as well as the amount and length of an award of spousal support.
Custody and parenting time are also issues that are determined in a family law case. The decision is made by determining what is in the best interest of the child. Custody is the legal authority granted to a parent to make decisions about education, religion and non-emergency medical treatment. Parenting time pertains to the time a parent spends with their child. An award of custody does not automatically dictate the amount of parenting time awarded. Oregon courts will not make an award of joint custody unless both parties are in agreement. However, an award of sole custody to one parent does not eliminate the other parent’s right to parenting time.
Finally, issues of abuse often arise in family law matters. The decision to obtain a restraining order and whether that order is upheld can effect that outcome of a divorce or custody case. It is common for individuals to obtain restraining orders on their own. However an attorney’s representation, especially in a contested hearing regarding whether the order should be upheld, increases the success rate of the represented individual.
In order to determine your rights in a family law matter, you need to contact an experienced and knowledgeable lawyer who will get to know you and your situation. To schedule a consultation, contact our office online or call 503-451-0477. Evening and weekend appointments are available upon request. Credit cards are accepted.