Steven Leskin, Divorce Attorney
Residency
ORS 107.075 explains the residency requirements to file for a divorce or for a separation in Oregon. This is known as “personal jurisdiction.” Courts have to have both subject matter and personal jurisdiction to hear a case. Subject matter jurisdiction means that the legislature has authorized a particular court ...
Filing the Oregon Divorce Petition
Every court proceeding starts with the filing of a Petition or a Complaint. A divorce or separation proceeding is initiated with the filing of a “Petition of Dissolution of Marriage” with the court. ORS 107.085 provides the technical requirements which must be met in the Petition and the information ...
Divorce and Insurance
Many questions arise over what insurance a spouse is entitled to receive or is obligated to provide once a divorce is filed. ORS 107.092 directs the clerk of the court to furnish a notice prepared by the Oregon Department of Consumer and Business Services. This notice shall be furnished to ...
Insurance for Children of Divorcing Parents
Oregon law mandates that a divorce judgment provide for the payment of uninsured medical expenses of the child; insurance (or other security) to ensure the continued payment of child support in the event the child support payor dies; and medical support for the child. An Oregon court will not sign ...
Divorce Litigation and Privacy and the Mediation Alternative
It is a hallmark of justice in this country that court proceedings are open to the public. For the most part, we do not have judges deciding the fate of people in closed proceedings. The proceedings are open to the public as well as the record of the case. In ...
Technology and Divorce Mediation
Technology has revolutionized the way lawyers practice law. I recall my first year of running a law practice: People came into the office to sign a fee agreement, brought a check that had to manually deposited into the bank, , and, I recall I still was using a dot matrix ...
My Approach to Divorce Mediation
Let’s start with this: It is a bedrock principle of mediation that mediators are neutral facilitators and that mediation participants are free agents, if you will, to decide their own outcome. Mediators are supposed to facilitate an outcome which derives from and works for both parties. As a personal injury ...
Differences between Mediation, Collaborative Divorce and Arbitration
Divorce mediation, arbitration and collaborative divorce are three different processes to resolve a couple’s differences during a divorce. They each have pros and cons. There is also a hybrid practice involving mediation and arbitration, and this is the process my office uses. Mediation is a structure discussion between two parties ...
Types of Divorce Mediation
Divorce mediations can be structured in different ways. And, there are different types of mediation. Each mediator will have his or her own style. The basics of any mediation is that the parties have agency, meaning that the parties are empowered to create their own solutions to resolve differences. The ...
Establishing Financial Values in Oregon Divorce Mediation
It is axiomatic in a lawsuit that both parties have access to the same information. The Oregon courts in particular frown on trial by ambush or surprise. The legal process to ensure that both sides have the same information is called “discovery.” In a family law case, I view discovery ...
