1. Flexibility and Availability: If you are in a time zone 17 hours from Pacific Standard Time, you need a lawyer who’s available on your schedule and can handle international communication. Is your lawyer willing to “meet” with you after or before normal US business hours to accommodate your schedule? When we represent international clients, we start a google clock that shows the local time with the client’s name so we know where our clients are in their workday in their local time.
2. Technological Competence: How is your lawyer going to communicate with you? Many law offices are still dinosaurs in the digital world and have not adopted scanning and electronic communication. To speed communication, we scan all incoming documents and correspondence, and communication by email is preferred.  How are you going to communicate if you need to talk and the phone isn’t enough? To accommodate clients, we are set up to Skype and video conference.  How are you going to exchange large packages of documents (like discovery) that may not fit as a attachment to an email? We maintain a user friendly FTP account to send and receive large files to clients.  Being tech savvy matters.
3. Professionalism: Finding a professional lawyer is critical, especially if you don’t have the opportunity to establish rapport by a face to face meeting at the beginning of the case.  Has the lawyer or firm embraced a statement of professionalism? (We have).  Are there reviews online about the lawyer so you know what it is like to work with them? Our lawyers use tools like  AVVO (Dan Margolin, Sean Stephens) to communicate to clients what it is like to work with us when they can’t meet us face to face.
4. Responsiveness: Deadlines come and go quickly, especially across timezones. Negotiations are time sensitive. If you are out of state, you need to know that your call will be taken and that your email will be responded to. Ask the lawyer about how responsive they are.
5. Experience With Expat Cases: Does the lawyer of firm have experience in representing out of state clients, or are you the first “experiment” for them? Is the staff accustom to working with different time zones and cultures? With our technology,  have structured our office to make the client’s location irrelevant in providing exceptional legal services. Ask your lawyer if they have handled many Oregon divorce  cases for expats and out of state clients.

The lawyers at Stephens Margolin PC have extensive experience in representing clients who live out of State and abroad in divorce and family law matters.

There has been a rise in the number of dowry harassment cases filed against non-residen Indians (NRIs).  India has been used as a haven for ex-wives who are disatisfied with the result of their United States divorce case.  Once in India they utilize dowry laws which are peculiar to the Indian legal system and do not have a US counterpart. 

Spouses who are NRIs or are divorcing NRIs should discuss their case with a competent attorney who understands these complex international law issues.

Good family law lawyers get along with other lawyers. They problem solve. They listen. They promote the integrity of the profession and legal system. They show appropriate respect for other professionals working on a case. They don’t hang up on phone calls, or personally insult the other lawyer. In our opinion, personal attacks on the other lawyer have no place in a professional practice. You can be a zealous, aggressive advocate for your client’s legal position without stooping to name calling. The American Bar Association complies a list of different State Bar’s Professionalism Codes. On November 16, 2006, the Oregon State Bar House of Delegates adopted and Supreme Court of Oregon approved an updated Statement of Professionalism. One of the professionalism points is “I will be courteous and respectful to my clients, to adverse litigants and adverse counsel, and to the court.”

As a client, beware of the unprofessional lawyer. Advocacy and being an asshole are very different things. Such behavior is not only unprofessional, but may harm your case and increase your legal fees. If your lawyer is intentionally being a jerk to the other lawyer, the likely victim is you.

Many of our clients report that they have emotionally richer and longer communications with children when they video conference rather than just call. We recommend the use of a web cam and free video conferencing to clients with long distance parenting issues. A well drafted parenting plan should address the use of free video conferencing, include the right to use and the obligation to facilitate electronic communication (e.g. maintain Internet, a working camera, etc.) The feedback we get from our clients using web cams for videoconferencing has been overwhelmingly positive. If you travel for work, or do not live close to your children, talk to your lawyer about putting video conferencing language in your parenting plan.

The residency requirement is located in ORS 107.075. What do you have to do to become a resident? Oregon considers you a resident if you live in Oregon and intend to remain in Oregon. It is where you have the intent of returning after an absence from the state(such as military service, extended travel, school, etc.)

For most residents, there is a 6 month waiting period prior to being able to file for divorce or annulment. For people married in or out of Oregon pursuing a divorce or annulment based on “irreconcilable differences,” one party to the divorce must be a resident (or domiciled) in Oregon continuously for six months prior to filing for divorce.

A much smaller group of residents don’t have to wait. For people married in Oregon, if the reason for your divorce or annulment is (1) bigamy, or (2) being too closely related to your spouse, or (3) being incapable of making a contract or consenting to the marriage because you are too young or don’t understand the consequences, or (4) you were forced or deceived into marriage, you can file immediately on residing or domiciling in Oregon.

Local courts will usually approve a substitute class if a party cannot take the local parenting class because of distance or travel schedule. One good solution we found is an on-line parenting class offered through “Positive Parenting Through Divorce.” The website offers an on-line class that, with court permission, can substitute for the local parenting class requirement. The class was developed by Dr. Paul Maione, Ph.D., LMFT. The cost is $60, and a certificate of completion is mailed or faxed out within 1 business day of completion. Our out of state clients report good experiences and fast turnaround with the program.

1. How experienced are you in family law? All lawyers have law degrees, but many lawyers practice in several fields other than family law. You don’t want a generalist. Family law is a specialized field, and you will likely be better served by a lawyer who focuses on family law. Make sure that most of their cases are family law cases. Ask the lawyer if they have handled cases like yours before.
2. What steps are involved in the divorce process? Your lawyer is there to educate you and guide you through the process. Have the lawyer clearly explain the process to you, from filing the petition, negotiating temporary orders, and the trial process.
3. How will you charge me? If you hire the lawyer, you should expect to sign a retainer agreement that covers how you will be charged. Ask about the hourly rate, and how often you will be billed. Ask if you will be charged for time spent with paralegals and other staff in the office, and at what rate. Ask what will happen if you cannot pay your bill in full every month. Ask if you can pay by credit card, and if payment plans are available.
4. How will we communicate? Ask your lawyer if they prefer phone contact over email, and how long you should expect to wait for a return call. Is your lawyer tech savvy enough to email you draft documents as PDF files? Is your lawyer’s office set up to scan and email incoming and outgoing correspondence? Do you automatically get a copy? The last three are essential if you live out of state, or a distance from your lawyer’s office. Lawyers ta
5. How long will the process take? Ask your lawyer about what is their estimate for how long the case will take depending on if you settle quickly, settle after protracted negotiations, or have a trial.
6. Can you estimate the cost of my divorce? This is an important question, but a very difficult one to answer. Don’t worry if your lawyer is hesitant to answer. The cost of a divorce depends on what you ask the lawyer to do, the level of conflict between you and your spouse, and the reasonableness of your spouse and their lawyer. Many of the cost factors are outside your control.
7. What kind of resources do you make available to clients to make the divorce process less difficult and painful? Divorce is a difficult time, and good lawyers provide information and resources to help deal with the human side of the impact. Does your lawyer provide information about the process for self education? Are they patient with you? Do they offer referrals to other professional services if you request them? Our firm provides information through this blog, and educational articles on our website. We also maintain a list of recommended reading materials, and a list of qualified counselors and therapists for those who ask.
8. Do you recommend mediation? Ask your lawyer if your case is appropriate for mediation. Ask about private mediation, and about how often the lawyer uses private mediation with clients. Good lawyers try to settle their cases once they have analyzed the case. A lawyer that does not use private mediation or other alternative dispute resolution tools may be doing you a disservice.
9. What fees and costs can I expect other than charges for your time? Your local county (Multnomah, Washington, Clackamas, etc.) will charge a filing fee to open a case. You will likely have to pay a process server to server your spouse with divorce papers. Your case may require experts, such as appraisers, actuaries, accountants, social workers, or psychologists. Ask your lawyer what costs to expect, what experts may be needed, and how you will be charged for these additional services.
10. How would you predict a judge would rule on the issues in my case? While no lawyer can guarantee specific results, listen closely to the analysis behind the lawyer’s answer. Understanding the facts that would make a favorable ruling more likely will help with strategy during the case.

While it’s good to see that he was taking his child support obligation seriously, we here at the Oregon Divorce Blog urge anyone struggling to make child support payments to avoid committing felonies to support your kids. Instead, contact an attorney to request a modification of the amount owed each month. It’s a much better bargain in the long run — plus, no jail time!

To determine if Oregon has the power to make the first custody determination, the court must satisfy one of the following four tests:

(1) Is Oregon the “Home State” where the child has lived for at least six months prior to filing?

(2) Does Oregon have “Significant Connections” to the child and at least one parent or parental figure, with good evidence regarding the child’s care, protection and personal relationships located here, AND no “Home State” exists; or the “Home State” has declined to exercise its jurisdiction.

(3) Has the Home State or Significant Connections State declined jurisdiction in favor of Oregon, based on inconvenient forum grounds (ORS 109.761) or unjustifiable conduct grounds (ORS 109.764)?

(4) Is there NO other state with Home State or “significant connections” jurisdiction?

In some emergency circumstances, Oregon can assert temporary jurisdiction over a child even if the above tests are not met. For example, if a child or parent is threatened with mistreatment or abuse, Oregon can temporarily hear the matter. This type of jurisdiction is limited and usually only lasts until the “Home State” or “Significant Connections” state issues an order.Even if you meet one of the above tests and Oregon can assert jurisdiction, the court must determine if it should exercise jurisdiction. If Oregon is a less convenient place to hear the dispute, Oregon may decline to hear the matter. In making this decision, the courts considers domestic violence issues, travel and financial considerations, where the best evidence is, how familiar are the courts with the matter and how fast could they hear it, and how long a child has resided outside a state. ORS 109.761 Also, Oregon might decline jurisdiction if a party has engaged in wrongful conduct (like misrepresenting where a child lives).

If you are filing for custody and the children have lived in multiple states, make sure your lawyer is familiar with the UCCJEA and has all of the information needed to analyze whether Oregon is the right place to file.