The Oregon Divorce Blog » Collaborative Divorce

Saying “I Do” to a Prenuptial Agreement

C. Sean Stephens — Tue, 13 Dec 2011 19:05:22 +0000

If you are a newly-engaged couple, you probably don’t want to think about the possibility that one day you and your soon-to-be spouse will divorce, but there is good reason to consider signing a prenuptial agreement. By entering into a prenuptial agreement, you and your spouse will be able to structure the financial consequences of divorce instead of leaving it in the hands of a court in the event of a future divorce. Many engaged couples think they would not benefit from a prenuptial agreement because they have few assets or because they aren’t planning on having children. However, prenuptial agreements help nearly all couples ensure they will receive a fair outcome if they happen to divorce. That being said, some couples should strongly consider entering into a prenuptial agreement. If you are marrying someone with a significant amount of debt, consider structuring a prenuptial agreement to avoid becoming responsible for all or some of the debt upon divorce. If one partner has a much higher earning potential than the other partner, a prenuptial can limit the amount of spousal support the wealthier spouse has to pay while still making certain the less wealthy spouse is protected. Similarly, if one spouse foregoes work in order to stay home and raise children, a prenuptial can ensure the stay-at-home spouse is given full credit for his or her contribution to the family despite not being in the workforce for a number of years. Some couples, like older people or couples who have children from previous relationships, may also benefit from the protection of a prenuptial agreement.

The lawyers at Stephens Margolin PC have substantial experience assisting Oregonians with prenuptial agreements.

Daniel Margolin on Collaborative Divorce Practice

Daniel Margolin — Wed, 23 Dec 2009 18:26:30 +0000

Daniel Margolin, a partner at Stephens Margolin P.C. recently wrote an article for the Oregon State Bar newsletter titled “Collaborative Practice: An Overview.” A link to the publication can be found here.

News: Survey by Institute For Divorce Financial Analysts shows economy impacting divorce decisions

C. Sean Stephens — Sat, 13 Jun 2009 02:47:08 +0000

The Institute for Divorce Financial Analysts published the results of an interesting survey on June 11, 2009. In a collaborative case or a traditional case, a Certified Divorce Financial Analyst™ (CDFA™) can forecast the long-term effects of the proposed divorce settlement. A CDFA can also help attorneys by helping the client make financial sense of proposals, and empower their clients with the knowledge they need to make smart financial choices. An April 2009 survey of CDFA’s indicated that the ways in which divorce proceedings are handled has changed substantially with the dip in the stock market and home prices. The survey found some clients in an indefinite holding pattern while waiting for the economy to recover. Clients were also considering non-traditional, creative solutions to property division problems, such as sharing the marital home post divorce until the home sells or the market improves. A link to the article published by the IFDC is here.

As a Portland Oregon based divorce law firm, the attorneys at Stephens Margolin P.C. have seen the impact of the housing crisis and the declining stock market on clients. In recent litigation, we have seen courts ordering one spouse to pay the other to keep a house that is underwater. Parties contemplating divorce are well served to consult with lawyers trained in both traditional litigation and collaborative divorce to ensure that all resolution options are available.

Daniel Margolin to be main presenter for NBI CLE on Collaborative Divorce

Daniel Margolin — Fri, 27 Mar 2009 16:01:43 +0000

On July 8th from noon to 1:30 pacific time, Daniel Margolin of Stephens Margolin P.C. will be the main presenter for the National Business Institutes national teleconference CLE on Collaborative Law in Family Disputes.

The agenda for the presentation is as follows:

A. Definition of Collaborative Law

I. Overview of Collaborative Law

B. History of Practice

C. Benefits vs. Litigation

D. Comparison With Mediation

II. Initiating a Collaborative Case

A. Initial Consultation/Client Education

B. Client Retainer Agreement

C. Collaborative Agreement

D. Pleadings

III. Working a Collaborative Case

A. Information Gathering – Attorney Teleconference

B. Four-Way Meetings

C. Settlement

IV. Collaborative Techniques and Skills

A. Interest Based Negotiations

B. Neutral Experts

C. Tone, Language and Client Control

D. Overcoming Impasse

V. Getting a Practice Started

A. Organizing a Local Group

B. Working With Other Professionals

C. Help From Judiciary

NEWS: Budget Cuts Will Close State Courts on Fridays – An Opportunity for Alternative Dispute Resolution

C. Sean Stephens — Wed, 04 Mar 2009 05:03:45 +0000

Effective March 13, 2009, Oregon State courts will be closed on Fridays due to budget issues. The closures will remain in effect at least through June 30, 2009. Future closures depend on budget decisions the legislature will make later in its session. A link to the Oregon Judicial Department announcement regarding the cuts can be found here. The closure will affect how fast parties can get a judicial resolution of a family law dispute.

While some cases require a Judge to make decisions to resolve a case, having a judge impose a decision on litigants is usually not the best way for a family to resolve disputes. Most good family law attorneys advise clients to participate in mediation or other forms of alternative dispute resolution. A small group is trained in collaborative law, a rapidly growing form of alternative dispute resolution. The lawyers of Stephens Margolin P.C. are prepared to meet the needs of family law clients by offering dispute resolution tools that don’t require a judge or a five day a week court calendar. We are strong advocates of using mediation to resolve cases, and are trained in using collaborative law to resolve the needs of clients outside the court system.

Which divorce model is best for me?

Daniel Margolin — Wed, 07 May 2008 19:01:38 +0000

Clients have a few options regarding a procedure model for their divorce case. They can go the standard litigation route through the courts, engage in mediation, or use the collaborative divorce model.

There are costs and benefits to proceeding under any model. In a perfect world, the collaborative model would be the most cost-effective and most effective at resolving disputes in a manner that benefits all parties. If your case involves physical or extreme emotional abuse, drug or alcohol abuse by one parent so severe that parent cannot understand the harm it has caused to kids or that parent is not able or willing to put up with supervision and requirements, if one party is unable to financially move forward and the other party will not cooperate, or if it is impossible for the parties to trust each other, then a traditional litigation model will be necessary to resolve your dispute.

A good attorney who is trained and experienced in both models can assist you, not only in choosing the best model for you, but also, in making sure that you do not make the wrong choice. The collaborative model can also be used to assist parties in domestic partnership dissolutions and custody disputes as well as in a divorce.

The lawyers at Stephens Margolin P.C. are happy to discuss the various legal models with you. Contact us for a consultation if you would like to discuss these models with regard to your specific situation.