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Can I move away with my kids during a divorce?

Sat, 04 Oct 2025 21:34:47 GMT

Can I move away with my kids during divorce?

Moving with your kids before you have a custody order in place is legal. You can move anywhere (even to another state) and take your kids. You don't need your spouse's permission.

Moving with your kids after you file for divorce is also legal unless the court makes "temporary orders" that restrict your ability to move.

But just because it's legal to move doesn't always mean it's a good idea. There are risks to moving without first getting your spouse's or the court's permission.

Caution: If you’re in an abusive relationship and you need to move for safety reasons, the information on this page might not apply to you. For advice on moving and other tips for leaving an abusive relationship, visit this page instead.

Risks of moving without permission

Just because it's legal to move, doesn't mean it's a good idea. If you move without getting permission from the other parent or a court, there are risks:

Losing custody of your kids. Moving without the other parent's approval can hurt your chances of getting custody. Most judges think kids are better off when they see both parents regularly. If you move against your spouse’s wishes, a judge could give them custody and not you.
Having to move back. If your spouse doesn't want you to move with the kids, but you do it anyway, your spouse can ask the court to make you bring your kids back. If you want to stay with your kids, you must move back too.
Dealing with a long-distance divorce. If you move to a new state, you may have to deal with a divorce from far away. You usually can't file for divorce or custody in a new state until you've lived there for a while (every state has its own residency rules). So, if your spouse files for divorce after you leave, you'll be stuck dealing with a divorce in the state you left.

Tips for a successful move

If you want to move, talk to your spouse first to see if they'll agree to let you move with your kids.

If your spouse agrees

Write your agreement down on paper and have your spouse sign and date the agreement. If possible, have a witness, like a relative or friend, present when your spouse signs the agreement.

If you have time, make your agreement legally binding by following these steps:

Write it down on court forms
Have your spouse sign the forms
File the forms with the court
Wait for a judge to approve your forms to make your agreement official

You can get free help finding court forms and filling them out by contacting your local family law facilitator. Or you can hire a divorce attorney to prepare the forms for you.

If your spouse doesn't agree

You can ask the court to let you move with your kids by following these steps:

Fill out court forms (the exact forms will vary depending on where you are at in your case)
File the forms with the court
Give your spouse a copy of the forms
Wait to see if your spouse will object to your forms
Have a court hearing (if your spouse does object)
Wait for a decision from a judge

This process of getting a court’s permission to move can take several weeks to several months, depending on the country and your spouse's response.

You can get free help with these steps by contacting your local family law facilitator . Or you can hire a divorce attorney to help you.

Moving in an emergency

It's not always possible to get permission from your spouse or the court before you move. For example, maybe you're being evicted and need to move back home. Or perhaps it's unsafe for you to live near your spouse after separating.

A divorce judge will usually understand if you need to move in an emergency. There are situations where moving without permission can be a good choice.

If you need to move because of domestic violence, refer to this article on ending an abusive relationship for more help . You may also want to consider applying for a restraining order. A restraining order can make moving away and taking your kids with you easier. Learn more about restraining orders on this page .

Author: Oregon Law Help

Child Support

Mon, 01 Sep 2025 23:36:19 GMT

Child Support

Child support is money one parent pays the other to help cover the costs of raising a child. It's meant to ensure children have the financial support they need, even when parents don't live together.

Who pays child support?

There's isn't a straightforward answer to this question. Oregon uses an online child support calculator to estimate child support.

This calculator will tell you:

Which parent should pay child support.
How much child support that parent should pay.

How is child support calculated in Oregon?

Oregon's online child support calculator considers:

Both parents' incomes
How much time the child spends with each parent
Health insurance costs for the child and parents
Child care (daycare) expenses
Number of children each parent has
Spousal support payments
Union dues
Disability or veteran's benefits

Who can ask for child support?

Married parents who are separated or going through a divorce
Unmarried parents

How to get child support

Oregon Child Support Program (CSP): The easiest way to get child support is through the CSP. The CSP can help you sort out paternity issues and get a child support order. Learn how to enroll in child support services on the CSP website.
Court case: You can also get child support through a divorce or custody case. Learn more about filing for divorce here or visit this page to learn more about custody in Oregon .

What happens if child support is not paid?

If a parent doesn't pay child support, Oregon can take steps to collect it from them, such as:

Garnishing their wages
Taking money from their tax refunds
Suspending their driver's or professional licenses

Can child support be changed?

Yes, child support can be modified if there is a significant change in circumstances. For example:

A parent's income changes
The parenting schedule changes
The child's health insurance or childcare expenses change

You can ask the Oregon Child Support Program to help you change child support , or you can do it on your own by modifying your court orders .

Where to get help

If you need help with child support, you have options:

Oregon Child Support Program: This program provides free services to help Oregon parents establish and collect child support. Visit the Oregon Child Support Program website to learn more.
Child support facilitator: Family court facilitators offer free assistance to people navigating family court cases in Oregon. They're not lawyers but can answer general questions and walk you through court processes. Oregon has a facilitator who specializes in child support questions. To get help, call 541-734-0951 or book your free appointment here .

Author: Oregon Law Help.org

Tips for Saving Money on a Divorce Lawyer

Fri, 01 Aug 2025 20:56:15 GMT

Tips for Saving Money on a Divorce Attorney

Many people hire a lawyer at the beginning of their divorce case but run out of money halfway through when they need a lawyer the most. But, if you follow a few tips, you can prevent this from happening to you.

Tip #1: Talk to your lawyer about your budget

If you have a limited budget, have an honest conversation with your lawyer. Ask your lawyer if:

Your budget is realistic, and how far it will take you.
They have suggestions for how you can save money or stretch your budget.
There are things you can do yourself instead of paying your attorney to do them for you.

Tip #2: Understand what your lawyer will bill you for

Your lawyer will bill you for everything they do in your case. They usually bill in 6-minute or 15-minute increments. Lawyers typically bill for all of these tasks:

Talking on the phone with you or other people involved in your case
Reading and responding to emails and text messages related to your case
Going to court for you
Drafting legal paperwork for your case
Meetings with you or your spouse's attorney
Gathering records and other evidence for your case
Reviewing documents and evidence
All other work related to your case

You can see how legal fees can add up quickly!

Tip #3: Do some of the work yourself

It's becoming more common for divorce attorneys to offer "unbundled legal services" or "limited scope representation." This means you're hiring a lawyer to help you only with a small part of your case instead of the whole case. For example, you and your spouse could agree on the terms of your divorce and then hire a lawyer to help you draft your divorce paperwork.

Tip #4: Take advantage of free or low-cost solutions

If you need help with your divorce, hiring a lawyer isn't your only option. You can also:

Use the court's free divorce forms .
Get help with your forms from a family law facilitator .
Consider other ways of resolving your case, like mediation or having an informal trial .

Takeaways

Divorce lawyers can be expensive, but there are ways to manage the costs or find help if you can't afford one.
If you can't afford a lawyer, use Oregon's free court forms and your local court's family law facilitator services . You can also use the Legal Directory on this site to s ee if there are any free or low-cost family law lawyers or law firms in your area.

Author: Oregon Law Help

Uncontested Divorce

Tue, 01 Jul 2025 20:04:08 GMT

Uncontested Divorce

If you're considering divorce , you may have heard the phrase uncontested divorce. An uncontested divorce is one where you and your spouse don't fight about the terms of your divorce in court.

Many people prefer to go through an uncontested divorce because it usually costs less money and takes less time.

In this article, we'll answer commonly asked questions about uncontested divorces, including who can get one, how to get one, and whether you need a lawyer to help you out.

How long does an uncontested divorce take?

Uncontested divorces usually take less time than a traditional court divorce. You can get an uncontested divorce within a few weeks or months.

Oregon has no "waiting period" or "cooling off period." This means you could decide to divorce, file paperwork, and finish your divorce within a couple of weeks (if you and your spouse agree on all the details).

How much does an uncontested divorce cost?

It costs $301 to file a divorce case in Oregon. Involving professionals, like divorce lawyers or divorce mediators , can increase costs. You can expect to pay several thousand dollars or more for professional help.

If you can't afford to pay the court filing fee, ask court staff for a "fee waiver application." If you don't have much money, the court won't make you pay the fee.

Do I need a lawyer to get an uncontested divorce?

No. You can get an uncontested divorce without a lawyer. Oregon has free court forms you can use. You can also get free help navigating your case and finding forms from a family law facilitator at your local court.

But it's a good idea to hire a professional, like a divorce lawyer or a professional divorce mediator , t o help you with your uncontested divorce if:

You own a house or land
You or your spouse have retirement accounts
You or your spouse own a business
You want your spouse to pay spousal support
You have children and want help making a detailed parenting plan

Professionals can help you think through all the details and write a legally enforceable divorce agreement. Getting this help up front can prevent problems in the future.

There are two ways to get an uncontested divorce in Oregon.

You and your spouse settle your divorce outside of court. You and your spouse can work out the details of your divorce outside of court. This is called a "divorce settlement." However, if you reach a settlement agreement, you must file it with the court to finalize your divorce.
Your spouse ignores your divorce papers. After you start your divorce and serve your spouse, your spouse has 30 days to respond to your divorce papers. If your spouse doesn’t file a response, you can finalize your divorce without your spouse’s involvement. You’ll need to file more paperwork with the court to let them know your spouse didn’t participate in the case. Then, the court will grant you a divorce.

For more information about filing an uncontested divorce, or for advice with your existing uncontested divorce call our office, today!

Author: OregonLawHelp

Why Your Child Might Need Their Own Attorney in a Divorce

Sun, 01 Jun 2025 23:31:53 GMT

Why Your Child Might Need Their Own Attorney In A Divorce

Family disputes can be incredibly challenging, especially for children who often find themselves caught in the middle. In Oregon, the legal system recognizes this and provides a way to protect children’s interests by appointing dedicated attorneys to represent them. This article explains why your child might need their own attorney, how the process works, and why it’s important for their well-being.

Understanding the Legal Framework

In Oregon, the law allows for the appointment of an attorney for a child during family law proceedings. Under ORS 107.425(6), the court can appoint an attorney either on its own or at the request of someone involved in the case. If your child specifically asks for their own attorney, the court must appoint one. This ensures that children have a voice in decisions that affect their lives.

When and Why an Attorney is Appointed

An attorney might be appointed for your child in several situations, such as:

The Child Requests an Attorney: If your child asks for legal representation, especially in cases where there are disputes about parenting plans, the court is required to appoint an attorney.
Clarifying the Child’s Position: An attorney can help ensure that your child’s true wishes and interests are presented without parental influence.
Evaluating Placement Options: When comprehensive custody evaluations are not affordable, an attorney can investigate and present viable placement options.
Facilitating Case Settlement: Attorneys can mediate between the child and parents, helping to reach a settlement that considers the child’s best interests.

At What Age Does My Child Get a Say in Custody Decisions?

In Oregon, there is no specific age at which a child gets to decide who they live with or who has custody. The court considers various factors, including the child’s maturity and the specific circumstances of the case. The role of the child’s attorney is crucial in this context.

Attorney’s Role in Decision-Making: The child’s attorney will evaluate whether to advocate for what the child specifically wants or to present their professional opinion on what is in the child’s best interest. This decision is based on the child’s age, maturity, and the details of the family situation.
Best Interest vs. Child’s Wishes: For younger children or in cases where the child’s wishes might not align with their best interests, the attorney might advocate based on what they believe is best for the child. For older or more mature children, the attorney may more directly represent the child’s expressed desires.
Factors Considered by the Court: The court will look at the child’s relationships with each parent, the child’s adjustment to home, school, and community, and the mental and physical health of all parties involved. The child’s preference can be one of these factors, but it is not the sole determinant.

Benefits of Having an Attorney Appointed for Your Child

Appointing an attorney for your child offers several benefits:

Ensuring the Child’s Voice is Heard: An attorney can help ensure that the child’s opinions and wishes are considered in court, providing a channel for them to express themselves independently of their parents.
Objective Representation: The attorney can offer an unbiased perspective, focusing solely on the child’s best interests without the influence of parental conflicts.
Legal Expertise: An experienced attorney understands the complexities of family law and can navigate the legal system effectively, advocating for outcomes that best serve the child’s needs.
Mediation and Conflict Resolution: Attorneys can help mediate between parents and the child, facilitating communication and potentially leading to more amicable settlements.

Risks and Drawbacks of Having an Attorney Appointed for Your Child

While there are many benefits, there are also some potential drawbacks to consider:

Cost: The appointment of an attorney can add to the overall costs of legal proceedings, which might be a financial burden for some families.
Emotional Stress: The involvement of an attorney might intensify the legal process, potentially adding stress for the child and the parents.
Potential Bias: Although attorneys strive to be impartial, there is a risk that the attorney’s perspective on the child’s best interests might conflict with the child’s expressed wishes or the parents’ views.
Length of Proceedings: Introducing an additional party into the legal process might prolong the proceedings, potentially delaying final resolutions.

Need To Know More? Schedule A Consultation With An Experienced Divorce Attorney Today

Appointing an attorney for your child ensures that their voice is heard and their rights are protected during family law proceedings. This process requires an understanding of the law, a compassionate approach, and a commitment to the child’s best interests. At Risa Hall Law Office, we are dedicated to advocating for the rights and well-being of children in family law cases. If you have questions about appointing an attorney for your child or need legal assistance, please contact us today.

Author: Romano Law, P.C.

Children & Divorce

Thu, 01 May 2025 14:00:05 GMT

Helping Your Child Through a Divorce

For children, separation and divorce can be an especially sad, stressful, and confusing time. But there are ways to help your kids cope with the upheaval of a breakup.

A separation or divorce is a highly stressful and emotional experience for everyone involved, but children often feel that their whole world has turned upside down. At any age, it can be traumatic to witness the dissolution of your parents’ marriage and the breakup of the family. Kids may feel shocked, uncertain, or angry. Some may even feel guilty, blaming themselves for the problems at home. Divorce is never a seamless process and, inevitably, such a transitional time doesn’t happen without some measure of grief and hardship. But you can dramatically reduce your children’s pain by making their well-being your top priority.

Your patience, reassurance, and listening ear can minimize tension as your children learn to cope with unfamiliar circumstances. By providing routines your kids can rely on, you remind them that they can count on you for stability, structure, and care. And by maintaining a working relationship with your ex, you can help your kids avoid the stress and anguish that comes with watching parents in conflict. With your support, your kids can not only successfully navigate this unsettling time, but even emerge from it feeling loved, confident, and strong—and even with a closer bond to both parents.

What your child wants from mom and dad during a divorce

I need both of you to stay involved in my life. Please call me, email, text, and ask me lots of questions. When you don’t stay involved, I feel like I’m not important and that you don’t really love me.
Please stop fighting and work hard to get along with each other. Try to agree on matters related to me. When you fight about me, I think that I did something wrong and I feel guilty.
I want to love you both and enjoy the time that I spend with each of you. Please support me and the time that I spend with each of you. If you act jealous or upset, I feel like I need to take sides and love one parent more than the other.
Please communicate directly with each other so that I don’t have to send messages back and forth between you.
When talking about my other parent, please say only kind things, or don’t say anything at all. When you say mean, unkind things about my other parent, I feel like you are expecting me to take your side.
Please remember that I want both of you in my life. I count on my mom and dad to raise me, to teach me what is important, and to help me when I have problems.

(Source: University of Missouri)

How to tell kids about divorce

When it comes to telling your kids about your divorce, many parents freeze up. Make the conversation a little easier on both yourself and your children by preparing what you’re going to say before you sit down to talk. If you can anticipate tough questions, deal with your own anxieties ahead of time, and plan carefully what you’ll be telling them, you will be better equipped to help your children handle the news.

What to say and how to say it

Difficult as it may be, try to strike an empathetic tone and address the most important points right up front. Give your children the benefit of an honest—but kid-friendly—explanation.

Tell the truth. Your kids are entitled to know why you are getting a divorce, but long-winded reasons may only confuse them. Pick something simple and honest, like “We can’t get along anymore.” You may need to remind your children that while sometimes parents and kids don’t always get along, parents and kids don’t stop loving each other or get divorced from each other.

Say “I love you.” However simple it may sound, letting your children know that your love for them hasn’t changed is a powerful message. Tell them you’ll still be caring for them in every way, from fixing their breakfast to helping them with homework.

Address changes. Preempt your kids’ questions about changes in their lives by acknowledging that some things will be different, and other things won’t. Let them know that together you can deal with each detail as you go.

Avoid blaming

It’s vital to be honest with your kids, but without being critical of your spouse. This can be especially difficult when there have been hurtful events, such as infidelity, but with a little diplomacy, you can avoid playing the blame game.

Present a united front. As much as you can, try to agree in advance on an explanation for your separation or divorce—and stick to it.

Plan your conversations. Make plans to talk with your children before any changes in the living arrangements occur. And plan to talk when your spouse is present, if possible.

Show restraint. Be respectful of your spouse when giving the reasons for the separation.

How much information should I give my child about the divorce?

Especially at the beginning of your separation or divorce, you’ll need to pick and choose how much to tell your children. Think carefully about how certain information will affect them.

Be age-aware. In general, younger children need less detail and will do better with a simple explanation, while older kids may need more information.
Share logistical information. Do tell kids about changes in their living arrangements, school, or activities, but don’t overwhelm them with the details.
Keep it real. No matter how much or how little you decide to tell your kids, remember that the information should be truthful above all else.

Help your child grieve the divorce

For kids, divorce can feel like an intense loss—the loss of a parent, the loss of the family unit, or simply the loss of the life they knew. You can help your children grieve their loss and adjust to new circumstances by helping them express their emotions.

[Read: Coping with Grief and Loss]

Listen . Encourage your child to share their feelings and really listen to them. They may be feeling sadness, loss or frustration about things you may not have expected.

Help them find words for their feelings . It’s normal for children to have difficulty expressing their feelings. You can help them by noticing their moods and encouraging them to talk.

Let them be honest . Children might be reluctant to share their true feelings for fear of hurting you. Let them know that whatever they say is okay. They may blame you for the divorce but if they aren’t able to share their honest feelings, they will have a harder time working through them.

Make talking about the divorce an ongoing process . As children age and mature, they often have new questions, feelings, or concerns about what happened, so you may want to go over the same ground again and again.

Acknowledge their feelings . You may not be able to fix their problems or change their sadness to happiness, but it is important for you to acknowledge their feelings rather than dismissing them. You can also inspire trust by showing that you understand.

Let kids know they’re not at fault

Many kids believe that they had something to do with the divorce, recalling times they argued with their parents, received poor grades, or got in trouble. To help your kids let go of this misconception:

Set the record straight. Repeat why you decided to get a divorce. Sometimes hearing the real reason for your decision can help.

Be patient. Kids may seem to “get it” one day and feel unsure the next. Treat your child’s confusion or misunderstandings with patience.

Reassure. As often as you need to, remind your children that both parents will continue to love them and that they are not responsible for the divorce.

Give reassurance and love

Children have a remarkable ability to heal when given the support and love they need. Your words, actions, and ability to remain consistent are all important tools to reassure your children of your unchanging love.

Both parents will be there. Let your kids know that even though the physical circumstances of the family unit will change, they can continue to have healthy, loving relationships with both of their parents.

It’ll be okay. Tell kids that things won’t always be easy, but they will work out. Knowing everything will be alright can provide incentive for your kids to give a new situation a chance.

Closeness. Physical closeness—in the form of hugs, pats on the shoulder, or simple proximity—has a powerful way of reassuring your child of your love.

Be honest. When kids raise concerns or anxieties, respond truthfully. If you don’t know the answer, say gently that you aren’t sure right now, but that you’ll find out and it will be okay.

Provide stability through the divorce

While it’s good for kids to learn to be flexible, adjusting to many new circumstances at once can be very difficult. Help your kids adjust to change by providing as much stability and structure as possible in their daily lives.

Remember that establishing structure and continuity doesn’t mean that you need rigid schedules or that mom and dad’s routines need to be exactly the same. But creating some regular routines at each household and consistently communicating to your children what to expect will provide your kids with a sense of calm and stability.

The comfort of routines

Kids feel safer and more secure when they know what to expect next. Knowing that, even when they switch homes, dinnertime is followed by homework and then a bath, for example, can set a child’s mind at ease.

Maintaining routine also means continuing to observe rules, rewards, and discipline with your children. Resist the temptation to spoil kids during a divorce by not enforcing limits or allowing them to break rules.

Professional help for kids following divorce

Some children go through divorce with relatively few problems, while others have a very difficult time. It’s normal for kids to feel a range of difficult emotions, but time, love, and reassurance should help them to heal. If your kids remain overwhelmed, though, you may need to seek professional help.

Normal reactions to divorce or separation

Although strong feelings can be tough on kids, the following reactions are normal for children following divorce.

Anger. Your kids may express their anger, rage, and resentment with you and your spouse for destroying their sense of normalcy.
Anxiety. It’s natural for children to feel anxious when faced with big changes in their lives.
Mild depression. Sadness about the family’s new situation is normal, and sadness coupled with a sense of hopelessness and helplessness is likely to become a mild form of depression.

It will take some time for your kids to work through their issues about the separation or divorce, but you should see gradual improvement over time.

Red flags for more serious problems

If things get worse rather than better after several months following your divorce, it may be a sign that your child is stuck in depression , anxiety, or anger and could use some additional support. Watch for these warning signs of divorce-related depression or anxiety in kids:

Sleep problems
Poor concentration
Trouble at school
Drug or alcohol abuse
Self-injury, cutting , or eating disorders
Frequent angry or violent outbursts
Withdrawal from loved ones
Disinterest in loved activities

Discuss these or other divorce-related warning-signs with your child’s doctor, teachers, or consult a child therapist for guidance on coping with specific problems.

By Gina Kemp, M.A. , Melinda Smith, M.A. and Jeanne Segal, Ph.D.

Divorce without Court: Mediation and Collaborative Divorce

Tue, 01 Apr 2025 13:00:06 GMT

Mediation and Collaborative Divorce

What is Mediation in Divorce?

Mediation is when a neutral third party helps divorcing couples negotiate the terms of their separation. It’s an informal, yet structured process, where you and your spouse meet with the mediator to discuss key issues like:

Asset division
Custody arrangements
Child or spousal support

The goal here is to reach a mutual settlement without taking the matter to court. The process begins with the mediator laying out the ground rules and expectations. Then, during a series of sessions, both parties work through the issues. Throughout these sessions, the mediator initiates discussions and helps both parties find common ground.

Mediation is mostly preferred due to its cost-effectiveness. That’s because it avoids the formalities of a courtroom. In addition, the divorce process is usually finalized much faster when it goes through mediation. And the faster it’s done, the sooner both parties can move on with their lives.

It’s important to note that the chances of cooperative co-parenting are much higher when mediation is involved. This can be particularly important in prioritizing children’s interests.

What is Collaborative Divorce?

Collaborative divorce involves more than just a mediator. It’s more of a team-based approach.

It involves you, your spouse, attorneys from both sides, financial advisors, and mental health professionals.

In a collaborative divorce, both parties agree, usually in writing, to work together in good faith to reach a settlement without going to court. This type of divorce is usually more involved than mediation because it’s about creating customized solutions for the family. It addresses both the legal aspects of divorce, including both financial and emotional considerations.

Like mediation, collaborative divorce doesn’t require the court’s involvement. But what makes it particularly unique is that it brings more specialized support. Each professional on the team has a specific role to play. Attorneys, for instance, handle the legalities of the process. Financial advisors, similarly, help divide assets and address any tax concerns. Mental health professionals may be there to facilitate communication and support the emotional well-being of both spouses.

This process can be particularly beneficial when there are complex issues like a family business or large asset division to address. That’s because it provides more comprehensive support. Most importantly, it preserves respectful relationships which is particularly important for co-parenting and moving forward amicably.

Steps to Take Before Starting Mediation or Collaborative Divorce

Before you make a decision, consider these tips to figure out what’s the best course of action for you:

Self-Assessment

Analyze the level of trust between you and your spouse. How well do you communicate with each other?
Do you share financial assets? If so, are you fighting over who owns what?
Do you have kids? If so, is there a custodial dispute?

The answers to these questions will help you decide the best direction to take.

Research Professionals

When you’re ready to move forward, start researching qualified professionals. You’ll need them whether you opt for mediation or collaboration. Look for mediators or collaborative divorce practitioners with experience in handling such cases. For example, if you’re dealing with complex financial issues, you need a professional with experience working on high-asset divorces.

Gather Documentation

You’ll also need proper documentation. These include the necessary financial records, such as income, assets, debts, and expenses. If you have children, it’s also a good idea to develop a preliminary parenting plan.

Set Clear Objectives

You should decide what you want in the divorce settlement and what areas you’re willing to compromise on. This will give you a clear direction for the process.

Navigating Divorce Without Court

Mediation and collaborative divorce offer alternatives that are usually quicker, more affordable, and less stressful. At the same time, they allow both parties to maintain a sense of control over the outcome.

If you’re considering divorce, take some time to explore your options. Gone are the days of lengthy and messy court battles that caused more harm to families than good. With the right professional guidance and a commitment to a peaceful resolution, you can navigate the divorce process without ever setting foot in a courtroom.

For more information, contact Esquire Risa L. Hall.

Author: Ryan P. Duffy, Esq.

Spring Cleaning Legal Documents

Sat, 01 Mar 2025 14:00:00 GMT

Springtime is the time of year to start fresh. This ritual does not just apply to clearing the clutter, refreshing the inside of your house, and completing home improvement projects. It is also a good time to organize and review your legal affairs. As time goes on, your legal needs may change.

The following five spring cleaning steps are meant to embrace the spirit of the season and help you consider whether your documents are aligned with your existing needs and goals.

Step 1: Organize Legal Records

Spring is an ideal time to organize and securely store your legal documents, including any contracts, deeds, or tax records, and to save your documents digitally to increase security and improve accessibility. Are your documents saved in a fireproof safe or inside of a box down in your basement? It is important to know where your important legal and personal documents are stored to ensure that they are secure and can be quickly and easily accessed, if necessary.

Step 2: Review Estate Planning Documents

It is wise to review and update as necessary your estate planning documents (i.e. wills, trusts, guardianship, healthcare proxy, powers of attorney) with a legal professional to ensure that they appropriately reflect your current wishes, family composition, or financial situation. Similarly, it is important to consult with a legal professional to assess whether it is necessary to make any adjustments to your plan in light of any changes to relevant laws. If you have been intending on completing your estate planning but have not yet, consult with a professional this spring and cross it off your to-do list!

Step 3: Review Insurance Coverage

It is important to review and evaluate the scope of coverage for your various insurance policies (i.e. homeowner insurance, umbrella insurance, automobile insurance, flood insurance) to ensure that they provide adequate coverage. Carefully consider any limits or exclusions to your polices and consult with the appropriate professional if you are unsure about the scope of your coverage or are considering adjusting your coverage.

Step 4: Consider Tax Planning

Consulting with the appropriate tax professionals during the spring allows you to plan for the year ahead. It is important to proactively plan to optimize your financial strategies and minimize tax liabilities as much as possible.

Step 5: Evaluate Service Contracts

It is also wise for homeowners to review contracts for services (i.e. oil delivery, pest control, home security monitoring, property maintenance) to ensure that their needs are satisfied, and the pricing and terms are still favorable.

Author: Christina M. Bezas

Prenuptial Agreements: What are they?

Sat, 01 Feb 2025 14:00:00 GMT

Prenuptial Agreement: What are they?

A prenuptial agreement can save you a lot of money and time should your marriage end. Often called a prenup, this document lays out how your assets and debts will be distributed should your marriage end.

Couples getting ready to marry rarely want to consider the end of their marriage. But it’s a fact that about half of all marriages end in divorce, even though divorce rates have fallen in recent years. Preparation for worst-case scenarios is key to anything in life. Marriage is no different.

__________________________________________________________________

A prenup establishes property and financial rights of each spouse should the marriage end in divorce. Prenups are like estate planning. You make a will to leave items to your children or heirs, ensuring each person gets a meaningful item. A prenup lets you determine who gets what if you divorce.

A prenup contemplates the end of your marriage so you can divide assets with an objective mindset. It can even help protect your business .

Prenups allow you to determine whether spousal support (alimony) will be due if the marriage ends and the amount and terms of those payments. And they can determine what kind of bequests you leave to each other in your wills.

Prenuptial agreements go by other names:

Antenuptial agreement

Premarital agreement

Prenuptial contract

No matter what it’s called, a prenup works to clarify the rights each party has should the marriage end. This may sound unpleasant now, but it can save a lot of heartache and‌ ‌money‌ ‌down‌ ‌the‌ ‌road.

Should I Get a Prenup?

If you’re asking yourself: “Do I need a prenup?” You probably do. It may be worth any early discomfort to have a prenup’s potential value down the road. Prenups are increasingly viewed as a way to foster trust and open communication about finances between partners.

Prenups can be particularly useful to couples trying to keep separate significant pieces of personal property, including future inheritances and other anticipated income. This motivation is common among couples with a big age or wealth difference and among older or remarrying couples.

If a couple enters a marriage with few of these issues to address, prenups can be especially important because their circumstances may change dramatically. In fact, couples who still have most of their lifetime assets and debts ahead of them are some of the best candidates for a prenup.

How to Get a Prenup

You can have attorneys negotiate and draft a prenup, or you and your spouse can create your own.

How to Draft Your Own Prenup

Drafting your own prenup, or any legal document, is not recommended. There are complex state laws you’ll need to follow with regard to the drafting and signing of a prenup. If you want to create your own prenup, there are several items to consider.

Keep in mind that you’ll still need a lawyer to review any prenup you create. You need a legal advocate to protect your rights and ensure the contract is valid in your state.

Contact Esquire Risa L. Hall for more information.

Author: Bryan Driscoll, J.D.

Legal Expert Writer and HR Consultant

What is a Will?

Wed, 01 Jan 2025 14:00:01 GMT

What is a Will, and What Does it Cover?

A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children after your death. If you die without a will , those wishes may not be carried out. Further, your heirs may end up spending additional time, money, and emotional energy to settle your affairs after you're gone.

Though no single document will likely resolve every issue that arises after your death, a will—officially known as a last will and testament —can come pretty close. Here's what you need to know about these vital documents.

Key Takeaways

A will is a document that contains your direct wishes for your property and assets, as well as the care of your dependents.
Failure to prepare a will typically leaves decisions about your estate in the hands of judges or state officials and may also cause family strife.
You can prepare a valid will yourself, but you should have the document witnessed to decrease the likelihood of successful challenges later.
To be completely sure everything is in order, consider having your will prepared by a trusts and estates attorney.

Why You Should Have a Will

Some people think that only the very wealthy or those with complicated assets need wills. However, there are many good reasons to have a will.

You can be clear about who gets your assets. You can decide who gets what and how much.
You can keep your assets out of the hands of people you don't want to have them (like an estranged relative).
You can identify who should care for your children. Without a will, the courts will decide.
Your heirs will have a faster and easier time getting access to your assets.
You can plan to save your estate from paying money on taxes. You can also give gifts and charitable donations, which can help offset the estate tax.

A Written, Witnessed Will Is Best

To maximize the likelihood that your wishes will be carried out, create what's known as a testamentary will . This is the most familiar type of will; you prepare the document and then sign it in the presence of witnesses. It's arguably the best insurance against successful challenges to your wishes by family members or business associates after you die. You can write a will yourself but having it prepared by a trusts and estates attorney tends to ensure it'll be worded precisely, correctly, and in keeping with your state's laws .

Other Types of Inheritance Wills

While a testamentary will is likely your best bet, several other types of wills get varying degrees of recognition.

Holographic Wills

Wills written and signed by the testator but not witnessed are known as holographic wills —from the less common secondary meaning of the word holograph, which is a document hand-written by its author. Such wills are often used when time is short and witnesses are unavailable—for example, when the testator is trapped in a life-threatening accident.

Holographic wills are only recognized in half of the states, however. In states that permit the documents, the will must meet minimal requirements, such as proof that the testator wrote it and had the mental capacity to do so. Even then, the absence of witnesses often leads to challenges to the will's validity.

Oral Wills

The least widely recognized are oral wills , in which the testator speaks their wishes before witnesses. Lacking a written record, or at least one prepared by the testator, courts do not widely recognize oral wills.

Pour-Over Wills

Another type of will, a pour-over will , is used in conjunction with creating a trust into which your assets flow. (See "Wills and Trusts," below.)

Mutual Wills

A married or committed couple usually executes this type of will. After one party dies, the remaining party is bound by the terms of the mutual will.

Mutual wills can be used to ensure that property passes to the deceased’s children rather than to a new spouse. Because of state differences in contract law, a mutual will should be established with a legal professional's help. Though the terms sound similar, a mutual will should not be confused with a joint will.

What Does a Will Cover?

A will allows you to direct how your belongings—such as bank balances, property, or prized possessions—should be distributed. If you have a business or investments, your will can specify who will receive those assets and when.

A will also allows you to direct assets to a charity (or charities) of your choice. Similarly, if you wish to leave assets to an institution or an organization, a will can assure that your wishes are carried out.

While wills generally address the bulk of your assets, some aren't covered by their instructions. Those omissions include payouts from the testator's life insurance policy. Since the policy has specified beneficiaries, those individuals will receive the proceeds. The same will likely apply for any investment accounts that are designated as "transfer on death."

There's a key exception: If the beneficiaries of those assets predeceased the testator, the policy or account then reverts to the estate and is distributed according to the terms of a will or, failing that, by a probate court —a part of the judicial system that primarily handles wills, estates, and related matters.

Most states have elective-share or community property laws that prevent people from disinheriting their spouses. If a will assigns a smaller proportion of such assets to the surviving spouse than state law specifies, which is typically between 30% and 50%, a court may override the will. 3

In addition to directing your assets, a will states your preferences for who should take over as guardian for your minor children in the event of your death.

For more information about wills, including: getting started on your will, choosing an executor, where to keep your will, and how to make changes to your will, please contact Esquire Risa Hall today!

Author: Lisa Smith via Investopedia

Co-Parenting During the Holidays

Wed, 04 Dec 2024 20:43:44 GMT

Co-Parenting During the Holidays: A Guide on How to Make it Work

Co-parenting during the holidays can be a stressful and emotional experience for both parents and children. However, with careful planning and communication, it is possible to create a holiday schedule that works for everyone involved. In this guide, we will explore the ins and outs of co-parenting during the holidays, including how to establish a parenting plan, tips for communication and negotiation with your co-parent, and strategies for creating happy memories with your children during this festive season.

Establishing a Co-Parenting Holiday Schedule

The first step in successful co-parenting during the holidays is establishing a parenting plan that outlines each parent’s responsibilities and schedules. This plan should be created well in advance of the holiday season to ensure that all parties have ample time to review and negotiate any necessary changes.

When creating a holiday schedule, it is important to consider each parent’s work schedules, travel plans, and family traditions. Some key factors to consider when developing a holiday schedule include:

The specific days that each parent will have custody of the children
The times when custody will transfer from one parent to another
How parenting time will be divided over school breaks or extended vacation periods
Any special considerations for religious or cultural holidays

Once you have established a basic holiday schedule, it is important to communicate openly with your co-parent about any potential conflicts or concerns. By discussing these issues early on, you can work together to find solutions that are fair and equitable for everyone involved.

Tips for Communication and Negotiation with Your Co-Parent

Effective communication is key to successful co-parenting during the holidays. By working together with your co-parent in a respectful and collaborative manner, you can create a holiday schedule that meets everyone’s needs and ensures that your children have a happy and stress-free holiday season.

Here are some tips for effective communication and negotiation with your co-parent:

Keep the focus on your children’s needs: When discussing holiday plans, it is important to keep the focus on your children’s needs and desires. By prioritizing their happiness and well-being, you can work together to create a holiday schedule that allows them to spend quality time with both parents.
Be flexible and open-minded: While it is important to establish a basic holiday schedule, it is also important to be flexible and open-minded when negotiating with your co-parent. Be willing to compromise on certain issues in order to create a schedule that works for everyone involved.
Use “I” statements: When communicating with your co-parent, try to use “I” statements instead of “you” statements. For example, instead of saying “You always make things difficult,” say “I feel frustrated when we can’t seem to agree on holiday plans.”
Avoid conflict: It is important to avoid conflict whenever possible when discussing holiday plans with your co-parent. If you feel yourself getting angry or upset, take a break and come back to the conversation later.

Strategies for Creating Happy Memories with Your Children

While co-parenting during the holidays can be challenging, it is also an opportunity to create happy memories with your children. By focusing on fun activities and traditions that everyone can enjoy, you can help your children feel loved and supported during this special time of year.

Here are some strategies for creating happy memories with your children during the holidays:

Create new traditions: If you have recently separated or divorced, this may be a good opportunity to create new traditions with your children. Consider starting a new holiday tradition that everyone can enjoy, like baking cookies or going ice skating.
Focus on quality time: Instead of focusing on expensive gifts or elaborate outings, try to focus on spending quality time with your children during the holidays. This could mean playing board games together, watching holiday movies, or simply enjoying a special meal as a family.
Be present and engaged: When you are spending time with your children during the holidays, make sure to be present and engaged. Put away your phone and other distractions and focus on enjoying the moment with your kids.
Stay positive: Even if co-parenting during the holidays is difficult, it is important to stay positive and optimistic around your children. By modeling a positive attitude, you can help your children feel more relaxed and happy during the holiday season.

Conclusion

Co-parenting during the holidays can be challenging, but with careful planning and communication, it is possible to create a holiday schedule that works for everyone involved. By focusing on your children’s needs and desires, communicating openly and respectfully with your co-parent, and creating happy memories together as a family, you can ensure that your children have a happy and stress-free holiday season.

Remember that co-parenting is an ongoing process that requires patience, flexibility, and open-mindedness. By working together with your co-parent in a collaborative spirit of care for the well-being of your children, you are taking important steps towards building healthy relationships for yourself and for future generations.

Author: Adalynne Chang-Williams

Co-Parenting Tips

Fri, 01 Nov 2024 13:00:06 GMT

Tips for Successful Co-Parenting

These are some tips that can help you and your former partner successfully co-parent your child:

Maintain regular communication: It’s important to maintain regular communication with your child, co-parent, and any other stepparents, grandparents, or other caregivers in the child’s life. It can be helpful to share important news and relevant updates about your child’s development, school, activities, medical issues, and routine with everyone involved.

Work out a co-parenting plan: Jointly work out a plan that covers the factors listed above, such as visitation schedule, daily routine, education, finances, medical needs, etc.

Create an arrangement that works for both of you: Work out a co-parenting arrangement that works for you and your former partner. If you live nearby, you can have your child spend alternate days or weeks with each of you. Or, if your jobs are on different schedules, the child can spend mornings with one parent and evenings with another. If you live in different cities, the child may have to spend school days with one parent and holidays with another.

Discuss changes to the plan: The co-parenting plan may have to evolve based on the child’s needs and parents’ circumstances. Discuss any changes or updates to the plan with all the stakeholders involved. This can help ensure everyone is on the same page.

Be flexible: There may be times when things don’t go according to plan, despite the best intentions. Keep some room for flexibility in case the other parent is late or cannot pick up the child, the babysitter doesn’t show up on time, school lets out early, or there’s an unexpected emergency. Cooperating with your former partner when you are able to can help gain their cooperation for times when you need their help.

Respect different parenting styles: Understand that everyone has a different parenting style. Unless your former partner’s parenting style is harming your child, respect them and let them bond with the child on their own terms. Exposure to different parenting approaches can help your child learn how to adapt to different situations and relationships.

Make room for stepparents: You or your former partner may move on and start seeing other people. When you bring new partners into your child’s life, they may take on the role of stepparents . As long as they care for your child and are respectful of your relationship with your child, try to make room for them in your child’s life, instead of resenting, being hostile towards, or diminishing their presence.

Keep interactions cordial: There may be times when you have to meet or interact with your former partner or other people in their life, such as their family members or current partners. For instance, while dropping off or picking up the child, at the child’s birthday parties, or at school events. Try to keep interactions respectful and cordial.

Make the most of the time with your child: Make it a point to spend quality time with your child when they’re with you, especially if you have limited time together. Keep other commitments and distractions to a minimum and plan fun activities to do together. Try to create meaningful rituals that are unique to your relationship with your child.

Prepare for when your child isn’t with you: It’s natural to experience a sense of loss or loneliness when your child isn’t with you. This feeling may be more pronounced on the weekends or holidays. Try to reframe the sense of loss as a chance to rest and relax instead. Try to schedule activities that you enjoy but may not get to do when your child is around, such as seeing friends, watching movies, planning trips, or doing other things for yourself .

Original Author: Sanjana Gupta

How is Child Support Determined in Oregon?

Thu, 03 Oct 2024 21:53:57 GMT

Learn about Child Support in Oregon

Making sure your children have everything they need to live a healthy, happy life is a crucial part of parenting. In Oregon, both parents are obligated to provide financial support for their children based on child support guidelines as outlined by the state. Whether you are going through a divorce, custody, or need assistance with child support enforcement , our family law attorneys at Johnson and Taylor can help.

Factors Considered When Calculating Child Support

Several factors are used to determine the amount of child support payments in Oregon. The children’s specific needs, each parent’s income and ability to pay, and the amount of parenting time are all considered by the court. In addition, one or both parents are responsible for covering the cost of childcare, medical care, health insurance, and educational needs. Financial obligations such as debt, spousal support, union dues, and other expenses are taken into consideration as well.

Calculating Child Support

Although Oregon offers a calculation tool based on state child support guidelines, it’s important to seek the counsel of an experienced child support lawyer to ensure the amount you end up paying or receiving is fair. You’ll need to gather information such as the monthly gross income for you and your co-parent, spousal support , social security or veteran’s benefits, and other similar expenses or income. Using the Oregon parenting time calculator can help you figure out the average number of annual overnights the children are with each parent.

In addition to disclosing any income and expenses you have, you’ll provide information such as:

Childcare costs for the children you share
Childcare costs for any children from other relationships
Health insurance coverage costs for you and your children
Social security or veterans’ benefits the children receive due to a parent’s disability or retirement
Other income and debts

Although the calculator estimates how much child support you will receive or be required to pay, a parent’s actual enforceable obligation can only be established by an administrative or court order.

Disputing the Amount of Child Support

If you believe the amount you are to receive or pay is inappropriate, a child support attorney can help you challenge it in a court hearing. You must present reasons you think the amount is unreasonable, and a judge will decide whether to modify payments after considering the following factors:

Other financial resources
Reasonable necessities
Net income, particularly after payment of joint debt
Ability to get a loan or borrow money
Needs of other children or dependents
Special hardships
Whether the custodial parent is to remain a full-time parent and homemaker
Tax implications
Income of another spouse or live-in partner
Evidence that children are not living with either parent
The return on capital
Education costs such as room, board, tuition, and fees
Other factors that impact the children’s well-being and a parent’s ability to pay

If you’re a paying parent, it’s important to keep in mind that child support will not be reduced simply because you work less or not at all. If you’re unemployed or underemployed and have the potential to work more, the court may add prospective income you could be making.

When a Parent Refuses to Pay Child Support

Unfortunately, many people have trouble collecting child support payments from their co-parent. Known as the obligor, the paying parent is supposed to make child support payments on time and in full each month. An obligor cannot shirk their responsibility by simply failing to pay. If you’re having a problem collecting child support, a child support lawyer can help you take legal action. The state can garnish the obligor’s wages, collect tax refunds, place a lien on their property, and may suspend their passport and driver’s license.

A parent who doesn’t pay their court-ordered child support is considered in contempt of court. This means an attorney can help you make them appear in front of a judge to explain why they’re not paying. If they fail to show up, a warrant may be issued for their arrest.

When a Parent Can’t Pay Child Support

If you have been ordered to pay child support and can’t meet your monthly obligation due to unforeseen circumstances, a family law attorney can help you file a support modification that explains why you need a reduction. You must present evidence that shows why you do not have the income to pay. Whether it’s due to a job loss, illness, or another reason, you should contact your child support attorney as soon as possible.

*Original Author: Johnson & Taylor, Salem Oregon

What to Expect During Your Deposition

Sun, 01 Sep 2024 19:19:20 GMT

What is a Deposition?

A deposition is the process of taking sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript as part of the pre-trial discovery process. Depositions are commonly used in litigation, and they are almost always conducted outside court by the lawyers themselves, without the presence of a judge to oversee the examination. [1]

Have you recently been involved in a legal case that required you to give a deposition?

If so, being prepared for your upcoming deposition in Oregon is vital. Understanding what to expect during this process can help alleviate any anxiety or confusion you may have. This article will explain the deposition process, providing valuable insights into the questions you might face and how to best prepare for a smooth experience.

Purpose of a Deposition

Depositions are a significant component of the legal system, serving various purposes in the pre-trial phase. Following are some of the key purposes of a deposition:

Presenting Your Version of Events: A deposition allows you to present your version of events and provide your side of the story.
Clarifying Your Testimony : It allows you to clarify and expand on the information you’ve already provided, ensuring that your testimony is accurately recorded.
Understanding the Case: Participating in a deposition can help you understand the strengths and weaknesses of the case and the nature of the evidence being presented.
Preparing for Trial: It allows you to become familiar with the deposition process, which can help you feel more prepared and confident when testifying at trial.
Providing Key Information: Your deposition testimony can help build your attorney’s case by providing the necessary information and evidence supporting your position.
Preserving Your Testimony: If you cannot testify at trial, your deposition testimony can be used as relevant evidence at trial, preserving your account of the events for the court to consider.

Purpose of a Deposition

Depositions are a significant component of the legal system, serving various purposes in the pre-trial phase. Following are some of the key purposes of a deposition:

Presenting Your Version of Events: A deposition allows you to present your version of events and provide your side of the story.
Clarifying Your Testimony : It allows you to clarify and expand on the information you’ve already provided, ensuring that your testimony is accurately recorded.
Understanding the Case: Participating in a deposition can help you understand the strengths and weaknesses of the case and the nature of the evidence being presented.
Preparing for Trial: It allows you to become familiar with the deposition process, which can help you feel more prepared and confident when testifying at trial.
Providing Key Information: Your deposition testimony can help build your attorney’s case by providing the necessary information and evidence supporting your position.
Preserving Your Testimony: If you cannot testify at trial, your deposition testimony can be used as relevant evidence at trial, preserving your account of the events for the court to consider.

What to Expect During the Deposition Process

The deposition process is a significant component of legal proceedings, offering a structured method for obtaining information and testimony under oath from witnesses outside the formal courtroom setting. Here is an overview to help understand the deposition process:

Scheduling: Attorneys from both sides coordinate to schedule the deposition. A neutral location is chosen, often a law office or court reporter’s office.
Participants: The key participants include the deponent (witness), attorneys representing each party, and a court reporter. In some cases, a videographer may be present to record the deposition.
Oath and Record: The court reporter administers an oath before trial to the witness. The entire deposition is then recorded verbatim to create a written transcript.
Questioning: Attorneys take turns questioning the witness. The scope can cover a wide range of topics relevant to the case. The deponent is expected to answer honestly and to the best of their knowledge.
Objections: The lawyer may raise objections during the deposition, similar to a courtroom setting. These can be based on relevance, privilege, or other legal grounds.
Breaks and Clarifications: Depositions can be lengthy, and breaks may be taken as needed. Witnesses also have the opportunity to review and make corrections to their testimony before signing the deposition transcript.

Types of Questions You Can Expect During a Deposition

During a deposition, questioning attorneys may employ a series of questions to elicit information and build their case. Here are some common types of deposition questions you can expect:

Fact-finding Questions: These seek to establish information by asking basic questions related to the case, such as names, dates, and locations.
Background Questions: Background questions aim to gather information about your personal and professional background, including education, employment history, and medical history.
Case-specific Questions: These questions focus on the case’s specifics, such as incidents, conversations, or events related to the legal matter.
Opinion Questions: Lawyers may ask detailed questions to collect your opinions or conclusions based on your knowledge or expertise in a particular area.
Hypothetical Questions: These may present hypothetical scenarios to test your understanding or elicit your professional opinion on a given situation.
Admissions and Credibility Questions: These leading questions are designed to probe inconsistencies, assess your credibility, or obtain admissions related to the case.

Tips to Prepare for a Deposition

Preparing for a deposition is crucial to ensure a confident and effective presentation. Here are some tips to help you prepare:

Review your Case: Familiarize yourself with the details of your case, including relevant documents, timelines, and key events.
Meet with Your Attorney: Discuss the deposition with your attorney to understand their strategy, potential questions, and how to present your case best.
Practice with Mock Depositions: Conduct mock depositions with our attorney playing the role of the defense attorney. It helps you become familiar with the questioning style and improves your responses.
Refresh your Memory: Review key documents, records, or evidence related to the case to refresh your memory on specific details.
Know your Statements: Be aware of any prior statements you’ve made, including written statements or testimony, to ensure consistency in your responses.
Anticipate Questions: Work with our attorney to anticipate potential questions that may be asked during the deposition. Practice your responses to be more comfortable and articulate.
Practice Relaxation Techniques: Depositions can be stressful. Practice relaxation techniques such as deep breathing to stay calm under pressure during cross-examination.
Dress Professionally: Choose professional attire to convey a serious and respectful demeanor during the deposition.
Bring Water: It’s always a good idea to bring a bottle of water to stay hydrated during a lengthy deposition.
Listen Carefully: Pay close attention to each question, and take a moment before responding to formulate clear and accurate answers.
Stay Calm and Collected: Maintain composure, even if faced with challenging or irrelevant questions. A calm demeanor enhances your credibility.
Ask for Breaks if Needed: If the deposition is lengthy, don’t hesitate to request breaks to collect your thoughts and refresh.
Review Deposition Rules: Understand the rules and guidelines governing depositions in your jurisdiction to ensure compliance and proper conduct.
Bring Necessary Materials: Bring any documents or materials requested by your attorney, and be organized with your notes and relevant information.
Consult with Your Attorney During Breaks: Consult with your attorney during breaks to address any concerns or receive guidance.

Deposition Pitfalls to Avoid for a Smooth Process

Some common pitfalls that you want to avoid during a deposition include the following:

Don’t Guess: If you’re uncertain about an answer, it’s better to admit that you don’t know rather than guess.
Don’t Volunteer Information: Answer only the questions asked and avoid providing unnecessary details that could potentially harm your case.
Don’t Argue with Attorneys: Maintain a professional demeanor and avoid arguing with opposing counsel. If you disagree, express your disagreement calmly.
Don’t Interrupt: Allow the attorney to finish their question before responding. Interrupting can create confusion and may not reflect well on your conduct.
Don’t Bring Unnecessary Documents: Avoid bringing personal documents or materials irrelevant to the case unless requested.
Don’t Speak Too Quickly: Speak moderately to ensure accurate transcription and comprehension of your responses.
Don’t Speculate: Give direct answers to the questions and avoid speculating or offering opinions beyond your knowledge.

Source:

[1] Deposition (law). (2023, June 9). Wikipedia. https://en.wikipedia.org/wiki/Deposition_(law)

Original Author: James Loren - Goldberg & Loren Law

How can you be ahead of the game with your attorney?

Mon, 30 Oct 2023 20:49:39 GMT

Make a Video of your property at the beginning of your Divorce.

The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

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Can I move away with my kids during a divorce?

Can I move away with my kids during divorce?

Risks of moving without permission

Tips for a successful move

If your spouse agrees

If your spouse doesn't agree

Moving in an emergency

Child Support

Child Support

Who pays child support?

How is child support calculated in Oregon?

Who can ask for child support?

How to get child support

What happens if child support is not paid?

Can child support be changed?

Where to get help

Tips for Saving Money on a Divorce Lawyer

Tips for Saving Money on a Divorce Attorney

Tip #3: Do some of the work yourself

Uncontested Divorce

Uncontested Divorce

Why Your Child Might Need Their Own Attorney in a Divorce

Why Your Child Might Need Their Own Attorney In A Divorce

Understanding the Legal Framework

When and Why an Attorney is Appointed

At What Age Does My Child Get a Say in Custody Decisions?

Benefits of Having an Attorney Appointed for Your Child

Risks and Drawbacks of Having an Attorney Appointed for Your Child

Need To Know More? Schedule A Consultation With An Experienced Divorce Attorney Today

Children & Divorce

Helping Your Child Through a Divorce ﻿

What your child wants from mom and dad during a divorce

How to tell kids about divorce

What to say and how to say it

Avoid blaming

How much information should I give my child about the divorce?

Help your child grieve the divorce

Let kids know they’re not at fault

Give reassurance and love

Provide stability through the divorce

The comfort of routines

Professional help for kids following divorce

Normal reactions to divorce or separation

Red flags for more serious problems

Divorce without Court: Mediation and Collaborative Divorce

Mediation and Collaborative Divorce ﻿

Set Clear Objectives

Spring Cleaning Legal Documents

Prenuptial Agreements: What are they?

Prenuptial Agreement: What are they?

Should I Get a Prenup?

How to Get a Prenup

What is a Will?

What is a Will, and What Does it Cover?

Why You Should Have a Will

A Written, Witnessed Will Is Best

Other Types of Inheritance Wills

Holographic Wills

Oral Wills

Pour-Over Wills

Mutual Wills

What Does a Will Cover?

Co-Parenting During the Holidays

Co-Parenting During the Holidays: A Guide on How to Make it Work

Co-Parenting Tips

Tips for Successful Co-Parenting

How is Child Support Determined in Oregon?

Learn about Child Support in Oregon

Factors Considered When Calculating Child Support

Calculating Child Support

Disputing the Amount of Child Support

When a Parent Refuses to Pay Child Support

When a Parent Can’t Pay Child Support

What to Expect During Your Deposition

How can you be ahead of the game with your attorney?

Helping Your Child Through a Divorce

Mediation and Collaborative Divorce