What Is Family Law?

What is family law?

Sometimes family law is also referred to as “law of domestic relations” or matrimonial law, but our focus when it comes to family law is broader and deeper than marriage. (Though it does pertain to that, to!)

Family law is just as diverse as families are, and can include a wide range of different specializations, including topics pertaining to marriage, civil unions, domestic partnerships, divorce, child custody, spousal and child support, parenting plans, paternity, enforcement of support orders, mediation and collaborative divorce.

Essentially, any and all matters apart from estate planning, conservatorship and guardianship pertaining to a family (no matter what shape it might take!) are covered under the umbrella of family law.  

About to enter into a marriage or domestic partnership and need help creating a prenuptial or cohabitation agreement in order to protect your assets? That’s family law! Need a second set of eyes to review your legal documents pertaining to a mediated divorce before you file them? That’s family law! In an abusive situation with a spouse or a domestic partner and are in need of a restraining order to protect yourself and your children? This, too, is family law. 

Like many family law practices, DBMA specializes in certain aspects of family law in order to give each and every one of our clients counsel that give strength to your voice, provides strategic insight designed to support your needs, and is seasoned in our experience as family law professionals. DBMA is proud to represent families in the greater Portland area, and believes a well-represented family can create stronger communities. 

What does DBMA specialize in?

Divorce

The dissolution of a marriage can be reached in a variety of ways, but most typically involve the person filing for divorce (the petitioner) and the person being served with divorce papers (the recipient). 

Oregon, like most states in the U.S. now, is what is called a “no-fault” divorce state, meaning that the petitioner no longer needs to provide evidence of infidelity, abuse, or other actions in order to be granted a divorce. “Irreconcilable differences” are the only requirements needed to seek divorce, and only one party is required to cite them. 

The actual process for garnering your divorce can be sought in any number of ways, many of which the team at DBMA specializes in and can provide you guidance with. 

Child custody

Our goal here, as is the court’s, is to come to agreements that best answer the question, “What is best for the child?” In general, Oregon law defines “custody” as “legal custody,” which is distinct in that it refers to the parent or legal guardian who may make major decisions for the child. 

Where the child lives, how they are educated, their medical and health care, and even their religion fall under the umbrella of major decisions that are decided by the legal guardian.

The state of Oregon also recognizes sole and joint custody for parents. Joint legal custody must be agreed upon by both parties, and if an agreement can’t be reached, the court will grant sole legal custody to one parent.  

Matters pertaining to children can be complicated due the stress and emotions involved, and having the right representation in these situations can make all the difference. 

Collaborative Law

Collaborative Law might be a new term to you, but it’s a method for dissolving a marriage that is quickly becoming popular for those couples who seek to divorce in the most positive and amicable manner possible. In a nutshell, both the petitioner and respondent hire attorneys trained in collaborative law, agree to not litigate the divorce in court, and seek outcomes that are best for all involved parties. The temperature is turned down. A sense of equity is sought. This style of divorce requires incredible maturity on everyone’s behalf, but done correctly, it can be a peaceful and even cost-reduced approach to divorce. 

Mediation

It might sound surprising, but it is sometimes possible to resolve disputes without having to go to court. Mediation is one such way of achieving this. Mediation is designed to help settle disputes with the assistant of a neutral third party, the mediator, who facilitates the conversation between parties with the goal of coming to a solution that is amenable to both parties. 

Mediation-based situations can include divorce, child and spousal support, custody, as well as modifications. Mediation is great, but it may not result in a resolution because the mediator does not have the power to make decisions if parties do not reach an agreement.

Premarital, cohabitation, and post-nuptial agreements

Are you bringing personal or business assets into a marriage or partnership that might need protection? Let us put it this way: If you and your partner are bringing either personal or business assets into your marriage or domestic partnership, then you will benefit from a prenuptial or cohabitation agreement. 

We get that this doesn’t sound like the most romantic thing to delve into, but take our professional advice: this makes these things much clearer, far less messy, and significantly easier to unravel should you find yourself dissolving your relationship. 

Agreements such as these can even pertain to important things like debt, inheritance, property, and even future income. What they can’t include is child custody, support, or visitation, and while cohabitation and postnuptial agreements aren’t covered in Oregon’s state statutes, they are enforceable. 

And more!

At DBMA, we’ve devoted our careers to providing our clients with the best representation possible. Our work ethic is strong, our advice is strategic, and our counselors are seasoned in achieving the outcomes our clients deserve. If you need family law assistance, then contact the professionals at DBMA today!