Divorce

Michael A. Neal, P.C. provides clients throughout Oregon's Willamette Valley with comprehensive advice and representation in family law matters including divorce. Going through a divorce can be as financially difficult and time-consuming as it is emotionally draining. Michael Neal understand the impact a divorce can have on your personal and professional life, and have the experience necessary to resolve your legal matters efficiently and favorably.

Divorce & Property Distribution

Oregon has largely abolished divorce grounds based on fault. Under the Oregon Revised Statutes, dissolution of marriage, or divorce, may be obtained on grounds of irreconcilable differences. Although annulment is an alternative method to end a marriage by declaring it void, eligibility is limited to circumstances such as existing prior marriages and consent by fraud.

In some situations, litigation can be avoided if the parties to a divorce can reach an agreement and seek an uncontested divorce. Michael Neal encourage clients to seek amicable solutions and can facilitate this less costly and time-consuming result. However, many divorcing parties are unable to divorce amicably -- he understand this difficulty and is prepared to represent you throughout even the most complex and contentious divorce proceedings.

Property distribution is often the factor that complicates divorce proceedings. Since many assets are comingled during marriage, the process of dividing and distributing these assets in a divorce can be a source of much contention. With over 20 years of family law experience, he can help you present a strong case for the distribution you deserve.

Support, Custody & Visitation

When one spouse relied heavily on the other for financial support during marriage and is unable to obtain financial stability following a divorce, a spousal support order can be obtained requiring periodic payments. Michael Neal can help you obtain a fair support arrangement, whether you will be the receiving spouse or the paying spouse.

Divorces that involve children can be especially difficult for a family. He appreciates the delicate balance of maintaining good parenting alongside litigating against your spouse. No matter the level of passionate disagreement between divorcing spouses, he ensures that the interests of the children involved are kept of paramount importance when obtaining support, custody, and visitation arrangements.

While there are situations where joint and equal custody is granted to each parent, many cases result in primary, or even sole, custody being awarded to one parent. In making custody determinations, the court will assess a variety of factors that indicate how suitable a home each parent can provide for the child. When custody is shared unequally, the parent with less parenting time may be required to provide child support payments to the other. Parenting time will normally be obtained by the noncustodial parent, provided these visits are not detrimental to the children's well-being. Parents with a history of abuse or other misconduct may be subject to supervised visitation, or may be denied visitation rights altogether.

Modifications & Paternity

Spousal and child support orders may be modified upon a showing of financial hardship or other changed circumstances. These modifications can work in both directions: in some cases, the custodial parent is unable to maintain employment and needs additional support; in others, the noncustodial parent has lost employment and cannot feasibly maintain current support payments.

A change in circumstances that impacts the welfare of the child, whether financial, emotional, or safety-related, can also result in modifications to custody and visitation orders. Instances of abuse or other detrimental treatment, when sufficiently proven, can strip a parent of custody or visitation rights. Modifications, much like the original orders, are not final and can be subsequently modified upon a showing of cause for the change.

When a child's father was not married to the mother when the child was born, a paternity suit may be required to prove parentage through genetic testing. Once paternity is proven, the biological father may be ordered to pay child support. In some cases, the biological father may seek parental rights denied by the mother by asserting his own paternity suit, thereby securing parenting time, or even custody.

Third-Party Rights

In some cases, custody and visitation rights may be awarded to grandparents, or persons serving as parental figures to the children, if such an arrangement is in the best interests of the child. Grandparents or other relatives who have been denied visitation by a child's parents also have avenues to secure court-ordered visitation rights. Like third-party custody determinations, the courts will assess a number of factors in deciding whether mandated visitation is in the child's best interests. Evidence of an ongoing personal relationship, lack of interference with the custodial relationship, and lack of reasonable cause for denying visitation can point in favor of obtaining visitation rights.

Seek Experienced Legal Counsel

If you are involved in a divorce and need an experienced family law attorney to assist you throughout the legal process, contact the office of Michael A. Neal, P.C. today. He offers free consultations in family law cases, including evenings and Saturdays by appointment.