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Divorce and Dissolution of Marriage

Oregon is a no-fault divorce state.  This means either party may obtain a divorce by filing for divorce in the correct jurisdiction.  At Coit & Associates, P.C. our divorce attorneys work to provide the best representation on divorce cases in Portland/Multnomah County, Clackamas County, Washington County, Deschutes County, Linn County, Eugene/Lane County and throughout many remaining counties of Oregon.

Call our Oregon divorce attorneys today for a consultation with an attorney in our Portland or Eugene offices.

Q:    Is mediation an option?

A:    Mediation and other alternative dispute resolution often is an extremely good option especially if the parties are willing to communicate with one another.  In certain counties, mediation is required whenever minor children are involved.  In addition, some counties have other requirements including parent education classes prior to a divorce or legal separation being granted.  The family law attorneys at Coit & Associates, P.C. can lead you through all of your options while making sure your family law matter is done right.

Q:    What happens during while my case is pending in the court?

A:    Various orders may be obtained prior to the conclusion of a case including orders prohibiting the dissipation of assets or disruption of children’s routines.  In addition, other temporary orders may be available including custody and parenting plan orders, determinations regarding use of assets such as the marital home as well as child and spousal support orders.  Furthermore, both parties are entitled to investigate the facts of a case by requiring the other party to produce documents and other evidence.  The dedicated team at Coit & Associates, P.C. will explain all of your options and rights immediately so you will be able to make the best decision possible.

Q:    What if my spouse and I can agree on everything?

A:    If the parties agree on all aspects of a divorce case, it is considered a “no fault divorce” and can be accomplished at greatly reduced costs and in a much shorter period of time.  The attorneys at Coit & Associates, P.C. can assist you with the maze of paper work which must be filed, thus giving you peace of mind that the case is completed correctly.

Q:    How about fees?

A:    Most people who hire an attorney are concerned about legal costs.  In many cases, their concern is justified, since litigation can be very expensive, and the stress of additional expense is just about the last thing people need.  Coit & Associates, P.C. understands this and will work with you to reduce costs whenever possible while still providing experienced legal services.  When accepting  family law case, Coit & Associates, P.C. generally ask for a deposit to be applied towards the anticipated costs of the case.  This deposit is referred to as a "retainer.”  Clients are billed on a monthly basis and receive a detailed statement itemizing the work done during the previous month.  In some cases, a fixed fee may be appropriate, particularly where the case is simple and the extent of the work to be provided by the lawyer is foreseeable.  This can include non-contested divorces when all aspects of the divorce are agreed upon.  Coit & Associates, P.C. accepts credit cards and automatic payments.

Q:    How is a divorce filed?

A:    A divorce is filed by filing a summons and petition with the court.  In addition, various other forms are required depending on the particular Oregon jurisdiction where the case is filed.  If you are considering divorce or legal separation or simply have questions about your options, or if your spouse has already started a divorce proceedings against you, call the divorce lawyers at Coit & Associates, P.C. for a free phone consultation and low cost office consultation.

Q:    Where should my divorce be filed?

A:    Normally a divorce or legal separation is filed in the county in which you and your spouse live in.  When the parties are separated and living in different states, various considerations must be taken into account to determine the proper jurisdiction.  When children are involved, things become even more complex.  Because the lawyers at Coit & Associates handle many different kinds of family law cases, our attorneys can provide the best advice to all your unique legal issues for Oregon divorce cases.

Q:    How long does a divorce take?

A:    Various considerations determine the length of time a divorce takes including how much agreement exists between the parties agree.  The divorce attorneys at Coit & Associates, P.C. will work hard to reduce the time that your family law matter takes while making sure all aspects of your particular Oregon case is properly addressed.       

Q:    How are property issues decided?

A:    Because Oregon is considered a no fault divorce state, the fault of either party is generally irrelevant to property division.  Assets and liabilities are divided based on what is “just and equitable.”  This includes real property such as a home or rental property as well as personal property including vehicles and home furnishings.  Assets such as pension and retirement accounts as well as debts such as credit cards and loans must also be taken into account.  Various factors effect this determination including when and how the asset or liability was acquired.  The divorce attorneys at Coit & Associates, P.C. are experts in all aspects of property division including assisting clients with asset valuation as well as  hidden property and income and will work with you to achieve the best results for your Oregon case.

Q:    How is child custody and parenting time or visitation decided?

A:    Generally, Oregon courts will follow child custody agreements made between the parties regarding the children.  However, a specific parenting plan is required by the court in order to reduce possible conflict in the future.  When the parties do not agree on issues related to the children, child custody issues are generally decided by courts in Oregon based on the “best interest” of the child.  Numerous factors must be considered in this analysis.  Parties can obtain the services of various professionals who can provide recommendations to the court regarding the child.  The attorneys at Coit & Associates, P.C. have a tremendous amount of experience in child custody and parenting time matters and are ready to help you through this difficult issue in your child custody case.

Q:    Is Joint Custody an option?

A:    In Oregon, joint custody grants both parties equal rights to make major decisions for the child.  However, the court will only order joint custody if both parties agree.  If one party objects to joint custody, the court must decide who should be awarded sole custody.