Oregon Family Law Lawyer
Oregon Family Law Attorney

Oregon Family Law Attorney
The Martin Law Firm, P.C. | Divorce, Child Custody & Visitation, Spousal and Child Support, Domestic Violence

The Oregon family law attorneys at The Martin Law Firm, P.C. represent clients in most areas of family law in Oregon including, but not limited to, divorce involving simple and complex assets, child custody, child visitation, spousal support (alimony), child support, and domestic violence.

The Process

Clients often have questions about the procedure involved in starting a family law case in Oregon. The first step is to meet with a lawyer to obtain competent legal advice. It is helpful for the client to come to the first meeting with the lawyer with fact-specific questions about his or her case. All cases are different, and clients are strongly cautioned not to compare his or her case with that of a friend or family member as the results of a particular case vary greatly depending on the unique facts of the case. It is also extremely important for the client to divulge all facts of the case, even those that are embarrassing or difficult to discuss, so that the lawyer can properly advise the client.

Filing A Case In Oregon

Most Oregon family law cases require one of the parties to file a summons and petition with the court to get the case moving forward. For example, if you are filing for divorce, the court requires that a Summons and Petition for Dissolution of Marriage or be filed to start the cause of action. However, if you are requesting the court to consider a change of child custody, a change in the parenting plan or a change to a child support or spousal support (alimony) order, a motion for modification is required. Regardless of whether you are a filing a petition or motion, the moving/petitioning party is required to pay a filing fee. That fee varies depending on the county in which the case is filed and the type of case that is filed.

Serving The Opposing Party

Once the family law case is filed with the court, the next step is to have the opposing party served with the legal pleadings that were filed with the court. If you are filing a petition as opposed to a motion (which in many cases may be served by mail), personal service may be accomplished by having a process server serve the opposing party at the location the client indicates is the most likely place to find the opposing party, or the party's residence. In the alternative, the opposing party may choose to voluntarily accept service of the legal pleadings. Once service of the summons and petition has been completed, the opposing party has 30 days to respond. There are other methods to accomplish service on the opposing party. You should consult a lawyer if you have concerns or questions about alternative forms of service. Once the opposing party has filed a response to a petition or motion, the court will set a hearing or trial date. Oregon courts strive to resolve all family law cases within six months of the case being filed.

Temporary Orders

While a divorce is pending in Oregon, the parties may ask the court to grant him/her a temporary order while the divorce action is pending which may order, among many other things, a specific parenting plan, child support, and spousal support. Additionally, when divorce cases are first filed, Oregon law mandates an automatic restraining order over the parties preventing either spouse from dissipating, encumbering, transferring, or otherwise disposing of assets while the case is pending unless it is absolutely necessary to due so in the usual course of business. Violation of this restraining order will subject the violating spouse to contempt of court.

Division of Assets In Oregon

Oregon statutes and case law govern how assets should be divided in a divorce. The court is required to divide the assets in a just and proper manner. There is a rebuttable presumption that both spouses contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. When determining how to divide personal and real property the court must distinguish between "marital property" and "marital assets." Marital property constitutes all of the property of the parties, both real and personal, subject to the dispositional authority of the court. Marital property also includes property acquired by the parties prior to the marriage. Alternatively, marital assets are property acquired during the marriage.

Division of assets can be complicated depending on the facts of each case. You are encouraged to consult the advice of a lawyer to discuss the specific facts of your case to assess how the assets in your case should be characterized and divided.

 Oregon Family Law Attorney

Oregon Family Law Attorney Lisa Martin represents clients in Multnomah, Washington, Clackamas, Columbia and Yamhill County, Oregon, including the cities of Portland, Tualatin, Wilsonville, Sherwood, Gresham, Hillsboro, Lake Oswego, West Linn, Beaverton, Tigard, St. Helens and Scapoose. To set up an appointment to speak with Ms. Martin, please call 503-220-1620.

Contact Us

The Martin Law Firm, P.C.
One SW Columbia Street
Suite 1685
Portland, OR 97258
[T] 503-220-1620
[F] 503-220-1622
[E] E-mail

Schedule An Appointment

To set up an appointment to meet with Oregon family law attorney Lisa E. Martin, please call 503-220-1620.

Alternatively, you may fill out and submit the following contact form:







» Read Our Complete Legal Disclaimer and Privacy Policy