When is the Best Time to Start a Divorce or Modify Custody in Portland?
If you have children who are in school, you may consider starting the process before the end of February. Colin Amos, managing attorney for Goldberg Jones and Portland divorce lawyer, explains why in this radio interview:
Modifying a custody arrangement is not an overnight process and courts are less likely to make changes in the middle of the school year. If there is any dispute over custody, it could be up to 6 months before you have a resolution.
Starting earlier in the year puts you in best position to get custody modified, your divorce settled, and your children in a stable position to start a new school year. If you are a father facing divorce, you have legal rights. Goldberg Jones is dedicated to help you protect your rights. If you have any questions about child custody or divorce in Oregon, give Colin a call at - 1-800-DIVORCE
A Bad Divorce Story: Deviant Wife or Deviant Husband?
You think getting a divorce is bad. Imagine getting a divorce at the same time you are being indicted on federal charges. Now imagine that the evidence of your crime was faked and planted on your cell phone by your soon-to-be-ex-wife. This is the situation alleged by the husband (Habibion) in what may be the most tumultuous divorce of all time.
Habibion is currently being accused of conspiring to export millions of dollars of electronic equipment from the U.S. to Iran. Around the time Habibion was arrested his wife stole his iPhone, refused to return it, and announced that she had disposed of it by throwing it into a canyon near their house.
However, rather than disposing of the phone, she turned the phone over to the FBI. On the phone, federal investigators found “incredibly blatant admissions of criminal wrongdoing and philandering.”
Habibion claims that these admissions were forged by his wife and planted on his iPhone with the intent to secure a federal conviction and ensure victory in her divorce. In his motion, Habibion’s lawyer goes on to say the following:
“Any reasonable observer would review these entries and note that they constitute incredibly blatant admissions of criminal wrongdoing and philandering conveniently bearing on two pending proceedings against Habibion in which [his wife] has a demonstrable interest. [His wife] has made numerous false and slanderous statements about Habibion and his business partners to members of the Iranian-American community in Orange County, California that reflect extreme vengefulness and animus. Because the entries show when they were last modified, one can see that the entries containing these manufactured “admissions” were all modified during a single one-hour period on a single date, which is reflected as January 10, 1970. (It appears that this illogical date shows up because the iPhone ran out of battery and was then re-charged before the entries were made.) [...]
Habibon believes that [his wife] input them into the iPhone in order to negatively impact his federal criminal case in Washington, D.C. and divorce proceedings in southern California.”
Source: http://legaltimes.typepad.com/files/habibion_motion.pdf
The courts are expected to untangle this mess soon but in the meantime if things are headed downhill in your relationship, lock your phone, make copies of important documents, and change the passwords on your online accounts.
Unfortunately for Habibion, he learned this lesson too late. Either his wife hated him enough to create a complicated scheme to forge evidence, or he is such a bad criminal that he kept clear admissions of guilt on his phone.
What Happens to Inheritance in a Divorce? Oregon Divorce Law is Updated to Protect Inheritance
Colin Amos, a Portland divorce lawyer and managing attorney of Goldberg Jones, was on the radio before the holiday to talk about a major change in Oregon divorce law. The change will affect how inheritance will be divided during divorce and is effective as of today.
Before the change, inheritance or gifts received during the marriage were presumed to be joint property. Therefore, the court often split inheritance between the two parties during the divorce. While the presumption could be overcome, it was difficult to find evidence show that the inheritance was intended only for one party. The results were unfortunate. For example, recently, there was a sad case where a husband, who received inheritance just before the separation and kept the money in a separate account, was still required to give half of the money to his ex-spouse.
Fortunately, Oregon has changed the law to prevent this situation. Effective today, 1/1/2012, SB386 has reversed Oregon's position on inheritance. The law now presumes that money received as inheritance is separate property. While that presumption can be overcome with evidence that the donor intended to give the money to both of the parties, the default position will now protect your rights to your inheritance during a divorce.
Colin provides more information about the change in his radio clip:
Colin makes a great point at the end of the video. You can save a lot of attorneys fees by educating yourself. We pride ourselves is being accessible and straightforward when working with you and we will answer any questions you have about divorce on the phone for free. If you are facing questions of separation of property during divorce, give us a call for a free consultation: (503) 731-8888.
Should you decide to hire us to represent you during your divorce, you can rest assured that the Portland Divorce Lawyers at Goldberg Jones have the experience and talent to make sure that your rights will be protected.
Portland Divorce Attorney, Colin Amos, Talks Prenups on the Radio
Most people either hear about prenuptial agreements from the celebrity gossip page or from the classic Seinfeld episode. On your first marriage, most people never think about getting this valuable protection. However, divorce is a great learning experience and you would be surprised how many people get a prenup for their second marriage.
Recently, our managing attorney, Colin Amos, was on the radio to talk about Portland prenuptial agreements. He talks about when you need them, what protection they provide, and how to keep them from being reversed.
Listen for his creative suggestion on to present a prenup to your fiance.
If you are coming into a marriage with inheritance, existing property, retirement, or children, a prenuptial agreement is something to think about. Sitting down with an attorney to take stock of both of your assets before marriage can help make sure everyone is on the same page. Should you choose to go forward with a prenuptial agreement, it can be prepared rather quickly.
If you have any questions, feel free to contact us at Goldberg Jones. Our Portland Family Lawyers know prenups and are willing to answer any questions you have on the phone. Give us a call for a free consultation - (503) 731-8888.
Welcome, Stephen Brown! – Portland Divorce Attorney and new addition to our Divorce for Men practice
Goldberg Jones is excited to welcome its newest attorney - Stephen Brown. Steve comes to the firm with an impressive background in both civil litigation and family law. He has handled a wide range of Portland family law cases from complex thirty-million-dollar high-asset divorces to international child-custody cases.
“Steve is one of the most compassionate advocates I have had the pleasure of working with. From the first meeting with Steve, his clients know they have found an attorney who truly cares about their case and has the litigation experience to get results,” says Managing Attorney Colin Amos.
Steve has chosen to focus his career in the area of Portland family law and brings that commitment to Goldberg Jones. “Facing a family law issue can be one of the toughest challenges in your life. I can help navigate you through the issues with the personal touch that you need during rough times,” says Steve.
An Oregon native, Steve, received his Bachelor of Science in Political Science from the University of Oregon. Go Ducks! He received his Law Degree at Suffolk University Law School in Boston and graduated on the Dean's List for excellent performance.
When he is off work, he enjoys spending time with his wife and children, scuba diving and listening to Sports-Talk radio. Steve enjoys traveling as well, and has spent an extensive amount of time in Southeast Asia including working in Japan for two years prior to law school. Steve also is active in the community and is a member of the Oregon State Bar Association, Rotary Club of Portland, a former Chairman of the Family Access Network.
Portland Divorce Attorney Colin Amos talks Parenting Plans and Child Custody on the Radio
Portland Divorce Lawyer and managing attorney of Goldberg Jones, Colin Amos, talks about the holidays, child custody, divorce and parenting plans. If your ex-spouse is causing you trouble this holiday, a good parenting plan can make your life much easier.
We are the Portland law firm of Goldberg Jones, a dedicated group of divorce lawyers with decades of family law experience. It's because of this extensive experience our family law lawyers have successfully represented thousands of clients from the greater Portland area. Call today for a free consultation - (503) 731-8888
Getting to a Divorce Settlement – When to Fight and When to Wait.
Here in Portland, Divorce Lawyers have a multifaceted job. We are part advocate for the client and part scrivener (a fancy word document writer); but one of our most important jobs is to be a counselor and negotiator. As tempers flair and emotion starts to control your actions in a separation, it is our job to help cool you down and find the easiest, cheapest, and best path for your divorce.
I read an interesting article in the Huffington Post the other day that addresses a common issue when negotiating for a settlement in a divorce. What happens when one spouse does not want to get divorced? Often the party will drag its feet, be slow to produce documents, be unwilling to accept mediation, and generally do everything possible to prolong the process. The author suggests that in these situations it is best to bide your time and let the other party come to terms with the divorce
More often than not, the one who wants the divorce will grow impatient and become less tolerant of the other's reluctance. They typically begin to resent the other party for delaying the process or perhaps overplaying the trauma card, and this attitude complicates and inflames everything. It never pays to rattle someone who has power over us. And make no mistake; if the goal is to settle out of court, the spouse who wants the divorce the least is the one with the power.
I think these are great suggestions for improving the results of your negotiations on a settlement. However, sometimes you need force the hand of the other party. Fortunately, in Portland, we have the advantage of laws that help us do that and move the process along at a swifter pace.
Depending on the county, when we file for divorce, a trial date is automatically scheduled. That date is usually 6 - 10 months in advance and serves as a negotiation point-of-no-return. Additionally, we have the ability to force mediation in disputes, which often results in the parties being more interested in settling. The reality is that the other party is no more interested in going to trial than you are interested in going to trial. With that automatic trial date, we have found that the parties become more and more willing to come to an agreement as it draws near.
However, to get that ball rolling you need get an advocate on your side. Indeed, no matter where you are in the divorce process, it is important to have a lawyer who knows how to be an effective negotiator and an effective manager of the settlement process. The Portland divorce lawyers at Goldberg Jones know how to be both and how to protect the rights of men throughout Clackamas, Multnomah and Washington County. Feel free to contact us and we'll answer your questions on the phone for free - (503) 731-8888.
Criminalizing Poverty – Failing to pay child support may land you behind bars.
There was a very interesting article on MSNBC today about the problems that are faced by dads who lose their jobs. Many are stuck in the situation where they are unable to pay child support. After months of failing to pay, the court issues a warrant for their arrest. Many times these dads are thrown in jail without ever talking with a lawyer.
Thousands of so-called “deadbeat” parents are jailed each year in the U.S. after failing to pay court-ordered child support.
Randy Miller, a 39-year-old Iraqi war vet, found himself in that situation in November, when a judge in Floyd County, Ga., sent him to jail for violating a court order to pay child support.
He said he was stunned when the judge rebuffed his argument that he had made regular payments for more than a decade before losing his job in July 2009 and had recently resumed working.
Miller, who spent three months in jail before being released, is one of six plaintiffs in a class-action lawsuit filed in March that seeks to force the state of Georgia to provide lawyers for poor non-custodial parents facing the loss of their freedom for failing to pay child support.
“Languishing in jail for weeks, months, and sometimes over a year, these parents share one trait … besides their poverty: They went to jail without ever talking to an attorney,” according to the lawsuit filed by the nonprofit Southern Center of Human Rights in Atlanta.
While jailing non-paying parents — the vast majority of them men — does lead to payment in many cases, critics say that it unfairly penalizes poor and unemployed parents who have no ability to pay, even though federal law stipulates that they must have “willfully” violated a court order before being incarcerated.
Source: http://www.msnbc.msn.com/id/44376665/ns/us_news-crime_and_courts/#.TnKAadQxlaQ
I'll stand with the fathers on this case. While I agree that there are some people out there who neglect their repsonsibilities, I know that most of the time so-called "deadbeat" fathers are victims lost jobs, injuries, or personal tragedies. Like the man in the story, when they lose a job, the maintenance obligation swells from a manageable percentage to immovable burden.
Unfortunately, Mr. Miller made the mistake we see all the time -- "[he] went to jail without ever talking to an attorney." Too often, we get clients who walk into our office 6 months after losing their jobs. They are underwater on child support and don't have anywhere to turn.
What they don't know is that they could have petitioned the court to modify their obligations as soon as their financial situation changed. The law provides four situations that will allow you to modify child support obligations:
1. Physical custody of the child has changed
2. The needs of the child have changed
3. The number of children involved has changed
4. The income of one or both parents has changed
However, the longer you wait, the greater your burden will grow because it is very unlikely that the court will retroactively modify your obligations. As soon as you know you need to change, contact a lawyer.
We here are Goldberg Jones believe that a father should not have to go to jail because he loses his job. We stand by our offer that if you call us, we will answer your questions on the phone for free. If you are facing a situation like Mr. Miller, don't hesitate to call. We will help you out, give you advice, and if you want to hire us we'll be happy make sure you are protected throughout the modification process.
Are Men Second Class Citizens when It comes to Divorce?
The Huffington Post ran a very interesting opinion piece this week on Men's Rights and Family Law. The author, who is a divorce lawyer from St. Louis, believes that men's right issues have been elevated to that of a civil rights crisis.
"Quite frankly, men's rights has become a civil rights issue. When you think of the progress we've made in civil rights, men's rights as it pertains to the family have been neglected [...]
Our client has three kids in elementary school. He and his wife are equal on all common factors.
How equal? They work for the same company in similar positions. They earn the same amount of money and even have essentially the same retirement benefits. They are both involved with their children's extracurricular activities; he coaches soccer, she helps with choir. Prior to the divorce, they often drove together to drop off the kids at school, went to work, picked up the kids together after work and went home for dinner.
If ever there is a textbook example of granting 50-50 shared parenting time, this is it. Yet the case has waged on for almost a year with no resolution because we have had to fight at every turn to overcome the presumption that Mom should have more time with the kids than Dad because, well, she's Mom."
Source: http://www.huffingtonpost.com/joseph-e-cordell/divorce-civil-rights_b_944283.html
The author attributes the bias towards women in the family law courts as an offshoot of the feminist movement. Essentially, he argues that because women have been able to carve out more equality in the workplace, they have also been able to get favoritism in the courtroom.
I find that argument unconvincing.
Originally, children were considered property of the husband and they were almost always given to the father in custody disputes. The shift to favoring women in custody issues began at the turn in the 19th century and was based on the notion that children should be with their mother in the "tender years." It was a not as result of 1960's. If anything, the feminist movement likely pushed the pendulum back towards men having some chance at custody by showing that women did not have to play the traditional home-keeper roll. I expect that similar changes will come to child custody and divorce laws from as traditional family rolls are remade through same-sex marriage. Hopefully, those changes will be advantageous to straight fathers seeking custody as the courts are faced with couples who have no gender-based rolls.
Either way, I support the author's rallying call. His example is not an uncommon tale. As a man facing a divorce, you really are looking at an up hill battle, which can be crippling without an experience attorney at your side. At Goldberg Jones, we will fight to make sure you have every chance at getting custody of your kids.
What are Grounds for Divorce in Oregon?
When you read about recent divorces, you often see that "irreconcilable differences" were the basis for the separation. The reason that you hear "irreconcilable differences" so frequently is that the term comes from the modern "no-fault" divorce code. Before the passage of the no-fault code, a divorce was only allowed when the parties could find a fault in the marriage such as abuse, adultery or infertility. However over the past 50 years, the laws across the country have shifted from fault-based to no-fault divorces.
Traditional fault-based grounds for divorce are very similar to breach of contract actions. The most common grounds for divorce include adultery, sexual deviance, mental illness, abandonment or desertion, criminal conviction, and substance abuse. Proponents of no-fault divorces argue that fault-based divorces are an anachronistic legal concept that does not reflect the reality of marriages in modern day America. Additionally, they feel that removing fault from divorce proceedings removes much of the anger, bitterness and acrimony that attends a divorce where one party must show the other was at fault. Opponents of no-fault divorces cite the shift as the cause of the rising divorce rate, an increase in poverty for women, and a decrease in society's value of marriage as a social pillar.
The first no-fault statute was passed in California in 1969. Over the following 50 years, all fifty states to either removed fault-based divorce from their code or added a no-fault "irreconcilable differences" clause to their code. Therefore, in every state, you have the option to choose a no-fault divorce. However, in many states, fault based divorce is still an option and in some states, such as Illinois, it is much more difficult to obtain a no-fault divorce if the divorce is contested.
The current statute in Oregon provides that a divorce may be rendered when "irreconcilable differences between the parties have caused the irremediable breakdown of the marriage." Furthermore, Oregon has removed all fault based divorce standards. This means that evidence of acts of misconduct will not be considered in a divorce proceeding except in matters of child custody or where the evidence is relevant. When dividing property between the spouses, evidence of misconduct or fault won't be considered by the court. Instead, any assets or debts acquired during your marriage are divided equitably. While the law presumes you and your spouse made equal contributions in acquiring property, the court may look at factors such as the cost of an asset, taxes and liens, evidence of contributions by each spouse and how the property award impacts the issue of alimony when determining division of property.
If you are facing a divorce in Portland, and division of property is on the line, it is important to have a lawyer who has a record of fighting for your rights. Goldberg Jones is a Portland Divorce for Men Firm. With years of representing the men of Portland, Goldberg Jones has a record protecting husbands and father and fighting for men's rights.