Monthly Archives: March 2010

New Case Law – Treatment of Appreciation of Separate Asset During Marriage

Posted on March 24, 2010 by Daniel Margolin

The Oregon Court of Appeals published an opinion in Fields and Fields on March 24, 2010.  The entire opinion can be viewed here:  http://www.publications.ojd.state.or.us/A141040.htm The case dealt with the treatment of wife’s separately held company.  Wife was given the company … Continue reading →

Posted in Appeal, Dissolution, Divorce, Legal Developments, Property Division | 1 Comment

New Case Law – What is the correct amount of spousal support

Posted on March 23, 2010 by Daniel Margolin

The Oregon Court of Appeals filed an opinion in Quant and Carrier on March 17, 2010.  The entire opinion can be read here:  http://www.publications.ojd.state.or.us/A136186.htm The case dealt with what the proper amount of maintenance spousal support should be pursuant to … Continue reading →

Posted in Appeal, Spousal Support | Tagged , | 3 Comments

New Case Law – Definition of Abuse in a Restraining Order Case

Posted on March 10, 2010 by Daniel Margolin

The Oregon Court of Appeals in Martinez and Martinez released an opinion on March 10, 2010 relating to the definition of abuse in a restraining order case.  One of the prima facie elements necessary to obtain a restraining order (FAPA … Continue reading →

Posted in Divorce | Tagged , , , , | 3 Comments

New Case Law – What is a “Written Response”? (or, how to avoid a default)

Posted on March 9, 2010 by Daniel Margolin

With almost 80% of cases in domestic relations involving pro se (self represented) litigants, it is not uncommon for a party to fail to respond to a pleading and find themself defaulted.  The court of appeals in Nolan and Nolan, … Continue reading →

Posted in Appeal, Child Custody | Tagged | 2 Comments