Washington County Divorce & Family Law Attorney

Most divorce or family law cases, estimated between 85% to 95%, are settled without going to trial, largely due to the advantages of reaching an agreement outside of court. Mediation supports this trend by offering a voluntary and confidential process where a neutral mediator helps both parties find common ground. 

This method not only facilitates more amicable outcomes but is also more cost-effective than traditional court battles. However, the biggest challenge often lies in bringing both parties to the negotiation table, especially when emotions run high and mutual understanding is strained. Mediation provides a structured environment to bridge these gaps and encourage constructive dialogue.

The mediation process typically involves a series of sessions where both spouses, guided by the mediator, discuss and negotiate key issues such as property division, spousal support, child custody, and parenting time. The mediator facilitates communication, helps clarify points of contention, and offers suggestions to resolve disputes, but does not make decisions for the couple. The goal is to empower both parties to collaboratively determine the terms of their case.

In some Oregon counties, especially in cases involving minor children, courts may require parents to attend mediation orientation or participate in mediation before proceeding to a hearing on custody or parenting time. This practice encourages parents to take an active role in deciding their family’s future, rather than leaving such decisions solely to the court.

Benefits of Divorce Mediation

• Cost-Effective: Mediation typically costs less than traditional litigation because it reduces the need for extensive court involvement and lowers legal fees.
• Time-Saving: Mediation can resolve disputes more quickly than traditional proceedings, allowing both individuals to move forward sooner.
• Confidentiality: Mediation sessions are private, and the discussions remain confidential, keeping personal matters out of the public record.
• Control Over Outcomes: Couples have greater influence over the final agreement, enabling them to create solutions tailored to their specific needs and circumstances.
• Amicable Resolution: Mediation encourages cooperation, which can lead to more amicable relationships after divorce—especially beneficial when children are involved.

Additional Considerations

While mediation offers numerous advantages, it may not be suitable in all situations, such as cases involving domestic violence or significant power imbalances between spouses. It’s essential to assess whether mediation is appropriate for your circumstances.

At Schantz Fanning, P.C., our experienced divorce and family law attorneys in Washington County can guide you through the mediation process, ensuring your interests are protected while striving for amicable resolutions. Partner with a law firm that puts you first. Schedule a consultation today at (503) 466-9626 to experience a client-focused approach built around your priorities. Our firm is proud to extend its services to Multnomah, Columbia, Clackamas, and Yamhill counties, as well as the neighboring communities.

An amicable divorce is a process where both spouses agree on all major aspects of their separation, including property division, child custody, and support arrangements, without resorting to contentious litigation. This approach emphasizes cooperation, mutual respect, and open communication, aiming to minimize conflict and expedite the divorce process.

1. Mutual Agreement: Both spouses must consent to handle the divorce collaboratively, agreeing on key issues such as asset division, child custody, and support payments. This mutual agreement is essential for an amicable divorce.
2. Independent Legal Counsel: While the divorce is amicable, it’s advisable for each spouse to retain their own attorney. Independent legal counsel ensures that both parties understand their rights under Oregon law and that the divorce settlement is legally binding.
3. Mediation: Many couples opt for mediation, where a neutral third-party mediator facilitates discussions between the spouses to help them reach a mutually acceptable agreement. Mediation can be particularly beneficial in divorces involving children, as it encourages cooperative co-parenting arrangements.
4. Collaborative Divorce: In this method, each spouse hires an attorney trained in collaborative law. Both parties and their attorneys sign an agreement to resolve the divorce without litigation, focusing on negotiation and settlement.
5. Finalizing the Divorce: Once an agreement is reached, the attorneys draft a divorce settlement agreement outlining the terms. This agreement is submitted to the court for approval. If the court finds the agreement fair and in the best interests of any children involved, it will approve the divorce, making the agreement legally binding.

Benefits of an Amicable Divorce in Oregon

An amicable divorce is a process where both spouses agree on the terms of their separation, such as property division, child custody, and support arrangements, without the need for prolonged court proceedings. This approach can lead to significant savings in legal fees and associated costs, as it avoids the expenses of a contested divorce. Additionally, the process is typically quicker, allowing both parties to move forward with their lives sooner.

Beyond financial and time benefits, an amicable divorce can also reduce stress for both spouses and any children involved. An amicable divorce can minimize conflict and maintain open communication, making the experience less emotionally taxing. This cooperative approach often results in solutions that are mutually agreeable, as both parties have a say in the terms of the divorce. This can lead to outcomes that are more satisfactory and tailored to the needs of both individuals.

Additional Considerations for Amicable Divorce

If there are complex financial assets or significant disagreements, mediation or collaborative divorce may be more difficult to achieve. Additionally, when children are involved, their well-being should be a top priority. An amicable divorce can be particularly beneficial for children, as it sets a positive tone for co-parenting. 

It’s also important to meet all legal requirements during the divorce process, including residency requirements and proper documentation. Meeting these legal requirements helps in finalizing the divorce smoothly and avoiding potential legal issues in the future.

In Oregon, an amicable divorce can be a practical and beneficial approach for couples seeking to end their marriage with minimal conflict. By focusing on cooperation and mutual respect, spouses can navigate the divorce process more smoothly and lay the foundation for a positive post-divorce relationship.

Collaborative law is an alternative dispute resolution method gaining traction in Oregon, especially in family law matters including divorce. It is designed to minimize conflict and encourage cooperative solutions without resorting to litigation. Here’s how collaborative law typically works in Oregon:

1. Voluntary Participation

Both parties in a dispute agree to participate in the collaborative process voluntarily. This agreement is foundational, as it sets the tone for cooperation and mutual respect throughout the proceedings.

2. Signing a Participation Agreement

The process begins when both parties sign a participation agreement, which binds them to the process and outlines the rules and expectations. Crucially, this agreement includes a commitment not to pursue litigation. If the process fails and litigation is chosen later, the collaborative lawyers involved in the case must withdraw, and the parties must seek new representation for court proceedings.

3. Engagement of Collaborative Professionals

Collaborative law often involves more than just the legal representatives. Depending on the complexity and needs of the case, other professionals such as divorce coaches, child specialists, and financial neutrals may be brought into the process. These professionals work as neutrals, helping to manage emotions, provide clear financial assessments, and focus on the needs of any children involved.

4. Joint Meetings

The core of the collaborative process involves joint meetings between the parties and their respective collaborative lawyers, and often other team professionals. During these meetings, all parties work together to discuss the issues at hand, explore various options, and negotiate a settlement. The atmosphere is intended to be open and non-adversarial, with an emphasis on honest communication and understanding.

5. Problem Solving and Negotiation

The collaborative process is centered on problem-solving and negotiation, with the aim to find solutions that benefit both parties. Discussions are guided by the collaborative team, ensuring that negotiations stay productive and focused on resolution rather than conflict.

6. Agreement and Resolution

Once all issues are negotiated and an agreement is reached, the lawyers draft the final settlement documents, which outline all the terms of the agreement. Once both parties sign these documents, they can be filed with the court as part of an uncontested divorce or other family law matter proceeding.

7. Benefits

The benefits of collaborative law in Oregon include the preservation of a respectful relationship between the parties, particularly important in divorces involving children; control over the process and outcome by the parties rather than the courts; privacy, as matters are handled in a confidential setting rather than a public courtroom; and often, a more expedient and cost-effective resolution compared to traditional litigation.

Collaborative law represents a shift towards more amicable, controlled, and respectful handling of divorce and other family-related disputes, aligning with modern values of personal responsibility and cooperative problem-solving. 

If you’re considering collaborative law in Oregon, it’s crucial to have experienced and compassionate legal guidance. Your goals deserve personalized attention.

Contact Schantz Fanning, P.C. today at (503) 466-9626 to work with a team that prioritizes your needs and tailors legal strategies to suit your unique situation.

Spousal support is among the most nuanced elements of divorce law, directly affecting the financial well-being of both parties involved. The determination and management of these financial supports require a deep understanding of legal principles and a keen ability to advocate for a fair outcome. 

Physical and Legal Custody

In Oregon, child custody determinations are guided by the principle of the child’s best interests, focusing on their well-being and stability. The state recognizes two primary forms of custody: legal custody and physical custody.

Legal Custody

Legal custody refers to the authority to make significant decisions regarding a child’s upbringing, including aspects such as education, healthcare, and religious instruction. Oregon courts can award sole legal custody to one parent or joint legal custody to both parents. Joint legal custody requires mutual agreement between parents; if either parent objects, the court will not grant it. The court’s primary consideration is the child’s best interests, evaluating factors such as each parent’s ability to make decisions in the child’s favor and their willingness to cooperate.

Physical Custody and Parenting Time

Physical custody pertains to where the child resides and the day-to-day care they receive. Parenting time, formerly known as visitation, outlines the schedule for when the child spends time with each parent. Oregon courts encourage both parents to maintain meaningful relationships with their child, provided it serves the child’s best interests. Parenting plans are often established to detail the specifics of parenting time, including holidays, vacations, and other special occasions. 

Parents are required to attend a co-parenting class before their case is finalized. This helps ensure that the impact of the divorce on the children is mitigated and that parents understand their responsibility to maintain the best interests of their children.

Child Support Calculation and Enforcement

In Oregon, child support is determined using the state’s Child Support Guidelines, which consider several factors to establish a fair and adequate support amount for the child. The primary elements in this calculation include each parent’s income, the number of children involved, and the amount of time each parent spends with the child.

Income Consideration

Both parents’ incomes are assessed to determine their financial responsibility. Their wages, salaries, bonuses, and other sources of income are evaluated in the calculation. Adjustments may be made for mandatory expenses such as union dues or spousal support obligations.

Parenting Time

The amount of time each parent spends with the child, often referred to as parenting time or visitation, influences the support calculation. Generally, more parenting time can result in a lower child support obligation, reflecting the direct expenses incurred during that time.

Additional Factors

Other considerations may include childcare costs, medical expenses, and any special needs of the child. These factors ensure that the child’s well-being is adequately supported.

The Oregon Child Support Program provides an online Child Support Calculator to help parents estimate their potential obligations. This tool offers an estimate and is not a guarantee of the amount of child support that will be ordered. The administrator, administrative law judge, or court has the final authority to determine the amount of a child support order.

Modifications of Custody and Support Orders

Over time, changes in circumstances may necessitate modifications to existing custody and support orders. In Oregon, either parent can request a modification by demonstrating a substantial change in circumstances that affects the child’s best interests. This process involves filing a motion with the court and may require mediation or a hearing to resolve disputes.

Embarking on the journey of divorce and family law matters in Oregon requires a comprehensive understanding of the legal landscape. Our Washington County divorce and family law attorneys stand ready to provide knowledgeable legal guidance. Schantz Fanning, P.C. also serves Multnomah, Columbia, Clackamas, and Yamhill counties and nearby communities. Contact Schantz Fanning, P.C. today, and let’s work together to achieve the best possible outcome for you.

In Oregon, spousal support—referred to as alimony in other jurisdictions—is financial assistance provided by one spouse to the other during or after a divorce or legal separation. The primary objective is to promote a fair distribution of financial resources, considering each party’s circumstances.

Determining Spousal Support Eligibility

Oregon recognizes three types of spousal support: transitional, compensatory, and maintenance. 

• Transitional support assists a spouse in acquiring education or training to reenter or advance in the workforce. 
• Compensatory support acknowledges significant contributions one spouse made to the other’s education, training, or earning capacity. 
• Spousal maintenance aims to sustain a standard of living comparable to that experienced during the marriage. 

When determining eligibility and the appropriate type of support, courts evaluate factors such as the duration of the marriage, each spouse’s financial resources and needs, their earning capacities, age, health, and the standard of living established during the marriage.

Temporary vs. Permanent Spousal Support

Spousal support in Oregon can be temporary or indefinite. 

• Temporary support, often referred to as transitional support, is typically awarded for a specific period to allow the receiving spouse to gain necessary skills or education. 
• Indefinite support, also referred to as permanent support, may be granted in cases involving long-term marriages or when a spouse cannot achieve self-sufficiency due to age, health, or other factors. 

The court considers the length of the marriage, the recipient’s ability to become self-supporting, and the paying spouse’s ability to provide support when determining the duration and amount.

Modifying Spousal Support Agreements

Circumstances can change post-divorce, necessitating modifications to spousal support agreements. In Oregon, either party may request a modification by demonstrating a substantial, unanticipated change in economic circumstances, such as job loss, significant income change, or health issues. The modification process involves filing a motion with the court, and the requesting party must provide evidence supporting the need for adjustment. It’s important to note that modifications are not automatic; the court will assess whether the change justifies altering the existing support order.

At Schantz Fanning, P.C., we are dedicated to offering personalized and effective divorce strategies that are thoughtfully designed to support your future needs. Our approach focuses on developing solutions that address both immediate and long-term concerns, providing you with the guidance necessary to move forward with confidence. 

At Schantz Fanning, P.C., we adopt a client-centered approach to divorce and family law, emphasizing tailored legal strategies, transparent communication, and compassionate support. This approach ensures that each client’s unique needs and circumstances are at the forefront of our legal practice, respecting their individuality while providing thorough legal counsel.

Personalized Legal Strategies

We believe that no two cases are the same. Our attorneys craft personalized legal strategies that reflect the specific needs and goals of each client. Considering all facets of each case, we develop robust legal plans designed to achieve the best possible outcomes in divorce proceedings.

Transparent Communication and Updates

Understanding the status of your case is fundamental to your peace of mind during legal proceedings. We maintain open lines of communication and access, ensuring our clients are informed and involved at every step. Regular updates and clear explanations of the legal processes ensure that you are never left in the dark.

Compassionate Support During Emotional Times

Divorce can be one of the most challenging experiences in a person’s life. We provide compassionate support and assistance, helping clients face the emotional aspects of their divorce with respect and empathy. We strive to make the legal process as stress-free as possible, allowing you to focus on moving forward.

At Schantz Fanning, P.C., our client-centered approach is not just a methodology but a commitment to your well-being and success. Our team is here to provide the legal support you need with the care and respect you deserve. Contact us today to discover how we can assist you in achieving a favorable resolution to your divorce, tailored specifically to your needs and future goals.

At Schantz Fanning, P.C., we prioritize providing efficient and effective legal representation that aligns with Oregon’s family law statutes. Our approach is designed to streamline divorce and family law cases, helping make the legal processes involved as smooth and expedient as possible. With focused case management, skilled negotiation, and robust litigation capabilities, we aim to deliver outcomes that meet the unique needs of each client.

Streamlined Legal Processes

Our firm utilizes streamlined legal processes to minimize delays and reduce the stress associated with legal proceedings. We employ advanced legal technologies and methodologies to ensure that all documentation is prepared efficiently and accurately, facilitating a quicker resolution of your case.

Proactive Case Management

Proactive case management lies at the heart of our practice. We stay ahead of potential issues by anticipating challenges and preparing solutions in advance. This approach not only saves time but also helps maintain a strong position whether negotiating settlements or preparing for court.

Negotiation and Litigation Experience

Our attorneys combine strong negotiation skills with proven litigation experience. Whether the path to your best outcome lies across the negotiating table or in the courtroom, we are equipped to advocate vigorously on your behalf. We strive to secure favorable results while maintaining the highest standards of professionalism and integrity.

At Schantz Fanning, P.C., our Washington County divorce and family law attorneys understand that efficiency coupled with effectiveness forms the cornerstone of successful legal representation. Reach out to us today at (503) 466-9626 to learn how our dedicated team can work towards a resolution that respects your time and achieves your goals, allowing you to transition into the next chapter of your life with confidence. We are pleased to serve clients across Multnomah, Columbia, Clackamas, and Yamhill counties and their surrounding areas.

At Schantz Fanning, P.C., our approach to divorce and family law in Oregon centers on creating future-oriented solutions that support long-term success and stability for our clients. Focusing on comprehensive post-divorce strategies, including modifications, financial planning, and co-parenting resources, we help clients not only meet their immediate legal needs but also lay a strong foundation for their future.

Post-Divorce Modifications and Enforcement

Life circumstances can change unexpectedly, necessitating adjustments to divorce agreements. Our team is proficient in handling post-divorce modifications and enforcement, ensuring that your divorce decree evolves in step with your life. Whether it’s adjustments to spousal support, child support, or custody arrangements, we are committed to achieving a resolution that reflects your current situation.

Planning for Financial Stability Post-Divorce

Securing your financial stability after a divorce is crucial. We provide strategic advice and planning services to safeguard your economic well-being post-divorce. From asset division to retirement planning, our goal is to equip you with the resources and knowledge needed to maintain financial security and independence.

Co-Parenting Counseling and Resources

For clients with children, co-parenting is a significant concern. We collaborate with counseling professionals and offer resources to facilitate effective co-parenting arrangements that prioritize the well-being of the children involved. Our firm supports you in establishing a co-parenting framework that fosters a positive environment for your children’s growth and development.

At Schantz Fanning, P.C., we believe in not just closing a chapter, but also opening new avenues for our clients to thrive post-divorce. Contact us today to explore how we can assist you in building a resilient and prosperous future, ensuring that you and your loved ones are supported both now and in the years to come.

At Schantz Fanning, P.C., we recognize that divorce and family law matters can be both financially and emotionally challenging. Our approach is to provide clients with a clear and honest assessment of their options, outlining the benefits and potential risks associated with each path. We then support and advocate for the course of action our clients choose to pursue, always keeping their best interests at the forefront.