Divorce is a challenging time, marked by emotional stress, financial concerns, and significant life changes. How will you share custody of the children? What about property and debt division? And what if you need spousal support to keep you going until you’ve gotten the education or training you need to become self-sufficient?
With so many questions and uncertainties, you deserve to have an experienced legal team help you with these aspects of your divorce. The Hillsboro divorce lawyers at Harris Velázquez Gibbens provide clear guidance and strong representation to ensure your interests are protected and everything proceeds as smoothly as possible.
Why Hire Us For Your Hillsboro Divorce?
Choosing the right attorney for your divorce is critical, and while there are many family law attorneys in Hillsboro, Harris Velázquez Gibbens offers a unique and effective approach to handling your case. Our firm stands out due to our collaborative method and commitment to providing tailored solutions that address the specific needs of each client.
Benefits of hiring us for your Hillsboro divorce include:
- Team-Based Approach: At Harris Velázquez Gibbens, you’re not just hiring an individual attorney; you’re engaging an entire legal team. Our family lawyers and paralegals work together, combining their expertise to craft the best possible strategy for your case.
- Regular Case Reviews: Our entire family law team meets regularly to discuss new and ongoing cases. This ensures that all angles are considered and that your case benefits from multiple perspectives.
- Innovative Solutions: Our team brainstorms creative solutions to complex problems. Whether it’s navigating custody disputes or dividing assets, we think outside the box to find options that work for you.
- Compassionate Support: Our team will support you from the initial consultation until the moment the divorce goes through. We understand the emotional and financial stresses involved and work diligently to alleviate these burdens as much as possible.
At Harris Velázquez Gibbens, we do more than just process divorce papers. We provide a strategic, informed, and compassionate service that considers all aspects of your situation. If you are going through a divorce in Hillsboro, contact us today to learn how our team can help you navigate this difficult time with confidence and ease.
Oregon is a No-Fault State- What Does That Mean?
Oregon is recognized as a no-fault divorce state. This means that you do not need to prove wrongdoing or fault by the other party to be granted a divorce. Instead, you can cite “irreconcilable differences” as the reason for the dissolution of the marriage. This essentially means that the relationship cannot be repaired.
This no-fault approach helps reduce the potential conflict and emotional stress often associated with divorce proceedings. It allows couples to focus on resolving important yet complex issues such as asset division, child custody, and support without the added strain of proving blame. This can lead to a more straightforward and amicable legal process.
Understanding Oregon’s no-fault divorce law is important for anyone considering a divorce in the state. It assures you that the court will not require you to air personal grievances publicly or reveal private conflicts to dissolve your marriage. If you’re facing divorce, working with a Hillsboro family law attorney can help you understand how this law affects your specific situation.
Residency Requirements for Divorce in Hillsboro
To file for divorce in Oregon, it’s important to understand and meet the state’s residency requirements, which are outlined below:
- State Residency: Either you or your spouse must be a current resident of Oregon. Furthermore, the resident spouse must have lived in Oregon continuously for at least six months before filing for divorce.
- County Residency: In addition to state residency, the party who files for divorce must reside in the county where the divorce petition is filed at the time of filing.
If you are considering a divorce and either live in Oregon or have recently moved here, consulting with a local attorney in Hillsboro can help clarify how these rules apply to your situation. While you can Google ‘Hillsboro divorce lawyers near me,’ why not reach out directly to Harris Velázquez Gibbens and get your case started today?
Types of Divorce Cases We Handle in Hillsboro, Oregon
At Harris Velázquez Gibbens, we have extensive experience helping clients navigate the following types of divorce in Oregon.
Uncontested Divorce
An uncontested divorce occurs when both parties agree on all the key aspects of their divorce, including asset division, debt allocation, custody of children, and spousal maintenance. This type of divorce can be more straightforward and less costly than a contested one because it occurs on agreeable terms and therefore avoids lengthy court battles and high legal fees.
To proceed with an uncontested dissolution (also known as a non-contested divorce), both parties must complete and file the necessary legal paperwork. Once filed, the court typically reviews the divorce settlement agreement to ensure it is fair and complies with Oregon law. If the court approves, the divorce can be finalized relatively quickly.
Contested Divorce
A contested divorce occurs when spouses cannot agree on one or more key legal issues related to their divorce, such as asset division, child custody, or spousal support. This type of complicated divorce typically requires more time and court intervention to resolve these disagreements.
The dissolution process begins with one spouse filing a petition for divorce, which is then served to the other spouse, who has the opportunity to respond. If issues remain unresolved after the initial filings, the court may require mediation or set a trial date. During the trial, each party presents their arguments, and a judge makes the final decisions on all contested issues.
Child Custody and Parenting Time
When divorcing parents in Oregon cannot agree on a custody and parenting time arrangement, the court steps in to determine which outcome is in the best interests of the minor child. This involves considering various factors, such as the emotional ties between the child and each parent, the stability of each parent’s home environment, and the child’s developmental needs.
The process typically includes evaluations by court-appointed experts, mediation sessions to encourage a mutual agreement, and potentially a custody trial if mediation does not resolve the custody disagreement. During the trial, both parents have a chance to demonstrate why their proposed custody plan is in the best interest of the child. The court’s final decision aims to provide a stable, nurturing environment for all children in the family moving forward.
It is important to note that in Washington County, divorcing parents are generally required to attend a mandatory parent education class. This requirement is part of the court’s efforts to assist families during the transition of divorce. The class is designed to educate parents about the impact of divorce on children and teach effective ways to communicate and co-parent. The goal is to help minimize the emotional stress on children and provide parents with tools to maintain healthy relationships with their children post-divorce.
Division of Assets and Property
In Oregon, property division is governed by the principle of equitable distribution. This means that if you and your spouse are unable to negotiate your property division agreement, the court divides marital property as fairly as possible between the spouses. The process involves identifying all marital assets and debts accumulated during the marriage and then determining a fair division based on several factors.
These factors include each spouse’s economic circumstances, contributions to the marriage (including homemaking and childcare), the duration of the marriage, and any other factors the court deems relevant. Any premarital agreements you may have signed are also reviewed. It’s important to note that “equitable” does not always mean a 50/50 division of property but rather what is considered just and reasonable under the circumstances.
Post-Judgment Modifications and Enforcements
After a divorce is finalized, circumstances can change, potentially requiring modifications to the original judgment. This may involve adjustments to child or spousal support payments, changes to custody arrangements, or alterations to the detailed parenting plan. In some cases, enforcement actions may be necessary if one party does not comply with the terms of the judgment.
Modifications
If you experience significant changes in the future, such as income fluctuations, relocation, or variations in your child’s needs, you may petition the court to modify the terms of your divorce decree or custody order. To do this, you must demonstrate that there has been a substantial and ongoing change in circumstances since the original judgment was made. Our experienced attorneys can help you file for these modifications, ensuring that the new terms reflect your current situation and serve the best interests of all involved parties, especially children.
Enforcements
When a former spouse fails to comply with a court order, whether it’s regarding alimony, child support payments, custody, or parenting time rights, enforcement actions may be necessary. This can involve filing a motion with the court to compel compliance, which might result in penalties such as fines, wage garnishment, or even jail time for the non-compliant party. Our team is experienced in handling such cases and can help ensure that the original terms of the court’s order are respected and enforced.
FAQS
How Do I Prepare for Divorce?
If you’re facing divorce in Oregon, several practical steps can make the process as smooth and efficient as possible. Here’s how you can prepare:
- Gather Financial Documents: Collect all financial records, including bank statements, tax returns, pay stubs, retirement accounts, and any other assets or debts. This documentation will be important for accurately dividing assets and determining support obligations.
- Understand Your Finances: Be aware of your current financial situation, including monthly income and expenses. This understanding will help you make informed decisions during the divorce negotiations and plan for your financial future post-divorce.
- List Marital and Separate Assets: Identify which assets are considered marital and which are separate. This distinction affects how property will be divided. Oregon law divides only marital property, and doing this early can simplify the divorce process.
- Consider Your Children: If you have children, think about their needs and how custody arrangements might work best for them. Consider their current routines, schooling, and emotional needs.
- Consult with an Experienced Divorce Attorney: Speak to a Hillsboro divorce attorney who can provide legal advice tailored to your specific circumstances. An attorney can explain all requirements and help strategize the best approach for your case.
- Plan for the Emotional Impact: Recognize that divorce can be emotionally challenging. As part of your action plan, consider seeking support from therapists or counselors who specialize in divorce to help manage the emotional aspects.
By taking these steps, you will be better prepared for the divorce process in Oregon. Preparing thoroughly can also help reduce the duration and cost of the divorce and support your transition into a new phase of life.
How Do I Find a Hillsboro Divorce Lawyer?
If you’re looking for a skilled divorce lawyer in Hillsboro, Oregon, one effective method is to simply search online using the keyword ‘Hillsboro divorce lawyer near me.’ This search will provide you with a list of local attorneys, giving you a good starting point to compare legal services and professional reputations.
If you’re looking for immediate legal assistance, Harris Velázquez Gibbens is ready to help. Our law firm is committed to providing high-quality legal representation as well as personalized service. With decades of combined experience in family law matters, we understand the challenges you face during a divorce and will fight for the result you need to move forward. Feel free to contact us at any time to schedule a confidential consultation.
Speak to a Hillsboro Divorce Lawyer Today
As you go through divorce, you deserve to have a legal team that’s invested in your success and cares about your future. At Harris Velázquez Gibbens, our attorneys are dedicated to providing clear guidance and compassionate representation, ensuring your rights are protected and your voice is heard in your family law matter.
We understand that divorce is more than just a legal procedure; it’s a significant life transition that requires careful handling and compassionate support. Whether you’re dealing with asset division, custody arrangements, or support issues, our team is there for you every step of the way. For more information or to schedule a free 15-minute phone interview, please call our law offices today at 503-610-4398 or contact us online.
Why Hire Us?
The Winning Edge – Have a Team Working For You
There are a lot of family law attorneys in Oregon, but we offer something that many other attorneys can’t.
Our entire family law team, including lawyers and paralegals, meet regularly to review our new clients’ cases and the important developments in ongoing cases. We discuss what different Judges are ordering for support and custody, analyze what the newest Court of Appeals decision may mean to your situation, and sometimes debate how to best deal with opposing counsel. Collaboration, second and third opinions, shared knowledge, brainstorming innovative solutions. It’s something not every attorney can offer.
You aren’t just hiring an attorney. You’re hiring a team.
Call 503-648-4777 to get your case on our next team meeting schedule.
Types of Family Law Cases We Handle in Hillsboro, Oregon
A dissolution of marriage, or a divorce as it’s more commonly referred to, is a means to end a marriage legally. During the divorce process, you will have to work with your partner to divide your property (assets and debts) and, if applicable, determine a plan for your children. For couples with children, you will need to determine who gets custody of the children and the visitation schedule for parents referred to as a parenting plan. Additionally, one parent may assume the financial responsibility for child support, health insurance, and medical bills for children.
Uncontested Divorce
It’s not unusual for a couple to agree that the best next step for their family is to dissolve the marriage. In an uncontested divorce, both parties agree on all of the related issues during the divorce process. A prenuptial agreement, or a premarital agreement, can help resolve how the couple will divide their property, assets, and debts. Even in an uncontested divorce, an attorney is beneficial to review and advise you on your agreements, any essential terms to include and to reduce your agreement into a final written document, known as a General Judgment of Dissolution.
Contested Divorce
A contested divorce is when you and your spouse can’t agree on all matters during the dissolution process. The contested divorce process will take longer than an uncontested divorce based upon the court docket/calendar. Many unresolved issues can be negotiated or mediated privately without going to trial. At Harris Velázquez Gibbens, we find that some of the most common reasons for a contested divorce tend to be spousal support, child custody and parenting plan matters.
Child Custody and Parenting Time
Change to: If parents cannot agree on joint custody or which parent will have sole during a divorce or custody proceeding in Oregon, both parties must engage in a mediation orientation and a mediation session. While some people know or refer to it as “visitation” we refer to this as parenting time in Oregon.
Mandatory Parent Education Class in Hillsboro
Parents must attend a mandatory parent education class, Kids’ Turn, for divorces and child custody cases involving minor children in Washington county. This class has four sessions that you must attend to receive a Certificate of Completion which will be filed with the court, and the course costs $280.
Mandatory parent education class requirements, fees, and course length vary dramatically from county to county throughout Oregon. For the most part, the fees to participate in the classes are not waivable and in order for a party to obtain a final judgment in a case, they must at least provide the court with proof of registration in a parenting class if no certificate of completion is on file.
Mandatory Parenting Mediation in Washington County
Washington County has a mediation program that both parents are required to attend. The purpose of the mediation program, Conciliation Services, is for the parties to attempt to resolve child custody and parenting time in a neutral setting. The parties appear with a mediator through the county (without attorneys present). The program provides mediation orientation, mediation services, co-parent counseling, “New Ways for Families” class, and couples counseling. There is no fee for the orientation and first mediation session. A second mediation session is also free if both parties agree to attend. Mediation sessions after the first two free sessions cost $80.00. Mediation is confidential.
Division of Property
Many complicated divorces tend to center around the division of marital assets. At Harris Velázquez Gibbens, we want to ensure your marital property is divided fairly. We can advise you on the best action to take, whether it requires selling the property outright or having one party buy out the other via unequal division of other assets or a refinance as potential options.
Post-Judgment Modifications and Enforcements
After a dissolution of marriage or initial custody and parenting time determination, there may be a need to modify a judgment regarding payment of child or spousal support, changes to the parenting plan or even custody or to enforce an existing agreement when one party is failing to abide by the court order. Our team of attorneys can assist you in filing for a modification or help you navigate a situation where you have to request an enforcement action.
Phone Interview & Consultation with a Hillsboro Family Law & Divorce Attorney
You can depend on us to advocate for you and offer legal assistance during this difficult time as we navigate your family law matter. Our family law practice is a legal team with immense legal experience, empathy, and understanding. If you need family law attorneys in Hillsboro, Oregon, give us a call and see how we can help you.
We offer a free 15 min telephone initial phone interview to see if one of our family law lawyers can meet your legal needs. This initial phone interview includes you providing a brief outline of our legal services, our legal philosophy, and how we would approach your case.