Divorce Lawyer Eugene

Divorce is one of the most emotionally draining and difficult experiences that a family can go through. Working with an experienced Eugene divorce lawyer can ensure that your rights are protected and that the process and outcome is fair and efficient. The Law Office of Max J Mizejewski works closely with clients to reduce the inherent stressors of working through the marital dissolution process.

Oregon’s divorce laws are codified in Chapter 107 of the Oregon Revised Statutes. Oregon is a no-fault divorce state, which means that the only legal reason required to file a divorce is that you and your spouse cannot get along, and you see no way of settling your problems. The legal term for this is "irreconcilable differences." No evidence of fault or misconduct is required or involved, unless there has been misconduct relating to child custody.

Some of the typical issues involved in a divorce case are:

• Child Custody
• Parenting Time
• Child & Spousal Support
• Who, if anyone, stays in the marital home
• How property and assets are divided
• Who is responsible for debt
• The date the marriage will end

MEDIATION

In divorces that involve child custody, parenting time, or visitation a court ordered mediation orientation session is required prior to any judicial determination of the issues. Mediation is a process in which the parties involved in the divorce attend a confidential meeting, where they can discuss issues with one another in a relaxed, non-adversarial atmosphere. Mediation sessions are presided over by an experienced mediator who assists the couple through the process. Anything said or offered in the mediation session is privileged and cannot be used later in trial.
Lawyers are typically not present during these mediation sessions, but we always make sure our clients are fully prepared before they go speak with the mediator. While you are not required to settle issues in mediation, parties often find themselves more satisfied with a mediated settlement, and incur much lower costs than if they had proceeded to trial.

UNCONTESTED DIVORCE

In some cases, a divorce will only involve a limited number of issues that can be resolved in a relatively short time. In these situations there is no need to go through a drawn-out divorce that can cost a significant amount of time and money. Uncontested divorces are the ideal way for spouses that have not become hostile with each other to end their marriage quickly. If you and your spouse agree on all the terms of the divorce then an uncontested divorce might be the best option for you.

Even though uncontested divorces are somewhat less complex, it is still a good idea to have an experienced Oregon family law attorney guide you through the process. Court forms that can be obtained from the Oregon Judicial Department can be confusing and difficult to fill out correctly. Document preparation services are also available, but these services can not offer legal advice. At the Law Office of Max J Mizejewski, we take the time to sit down with you, understand your concerns, and draft an equitable uncontested divorce agreement that is personalized to you and your family.

LEGAL SEPARATION

Oregon law gives married couples the option to become legally separated instead of getting a divorce. A legal separation usually involves all the same issues and often costs about as much as a divorce, but can have some benefits. For example, if you are legally separated, you are not liable for debts incurred during the separation. Other reasons to pursue a legal separation include religious concerns, continuation of medical coverage, or simply because the parties involved are not ready for a divorce.

In a legal separation, you still have to work out a parenting plan and address custody issues if children are involved, and you are still required to divide all assets. A legal separation can be converted to a divorce at any time during its first two years.

If you would like more information about Oregon family law, Oregon family law courts, or the divorce process call the Law Office of Max J Mizejewski to speak with an experienced family law attorney in Eugene, Oregon. Let us help you prepare for the future and move on with your life.

Contact Us online or call 541-505-9872 to schedule a consultation.