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Posey Legal, PC

Portland Collaborative Divorce & Estate Planning

(503) 241-0818

  • Home
  • About Us
    • Joanna Posey
    • Lauren Barnhart
    • Cambell Boucher
  • Family Law
    • Divorce Process Options
    • Divorce Mediation
    • Collaborative Divorce
    • Divorce & Family Law Litigation
    • Spousal Support
    • Custody and Parenting Time
    • Adoption
  • Estate Planning
    • Wills
    • Trusts
    • Probate
  • Blog
  • Contact

Divorce and Family Law Litigation

Sometimes litigation is unavoidable.  Your spouse may have already filed for divorce and now you have a deadline to respond.  You may have concerns about you or your child’s safety that require immediate attention and a court order.  Or you may not trust that your spouse will play by the rules without court intervention.  You are not alone, and you do not have to figure out how navigate the court process on your own.

Traditional litigation is the process of resolving a legal dispute using the rules and timelines imposed by the court and the legislature. The timeline begins when one party files a petition or a motion and has the other party served.  The parties exchange documents, evidence, and information through a process called “discovery,” which can involve requests for production of documents, requests for admissions, and sworn depositions.  Experts may be retained to provide an opinion on factual issues.  For example, an appraiser might be hired to value real property or a business, or an actuary may be hired to value a pension.  In cases involving disputes over child custody and parenting time, a custody evaluator may be retained to perform a study of the family and make a recommendation to the court.  A vocational expert may be hired to determine the potential income of an unemployed or underemployed spouse.  

During or upon completion of the discovery process the parties, through their attorneys, begin exchanging settlement offers.  Some cases resolve quickly, others involve extensive back and forth negotiations.  Typically, some form of alternative dispute resolution is required before the case will be set for trial.   This may involve using mediation services provided by the court, which is typically limited to addressing child custody and parenting time issues only, or it may involve hiring a private mediator to help the parties reach a global resolution of all pending issues.

The case ends when the parties reach a complete agreement.  If they are unable to do that through negotiation and mediation, the case will be set for trial.  Each party is given the opportunity to present their story to the court through their own testimony, testimony of witnesses, and documents obtained through the discovery process.  An experienced litigation attorney will make sure this process goes as smoothly as possible and will make sure the court is aware of applicable laws and how they apply to the facts of your case.  After hearing from both sides, the judge will make a decision on all issues presented to them, and one of the attorneys will be asked to prepare a judgment or court order memorializing the ruling.

When to Consider Litigation
over Other Methods

At Posey Legal, P.C., while we recognize that many of our clients would prefer to resolve their disputes outside of court, there are some factual situations in which litigation is the best fit.  Those situations include:

  • When there are domestic violence or child abuse concerns.  The court responds rapidly to allegations of physical abuse of a party, or immediate danger of a child. 
    • Family Abuse Protection Act (FAPA) restraining orders prevent an abuser from contacting you or coming to your home or place of work.  If you have children with your abuser, FAPA restraining orders can include custody and parenting time provisions designed to keep them safe.
    • Emergency custody orders are available to protect children in immediate danger.
    • Stalking protective orders (SPOs), extreme risk protection orders (ERPOs), and Elder Abuse Prevention Act restraining orders are also available in certain cases.
  • Cases involving extreme distrust.  Out-of-court dispute resolution processes rely on the parties’ promises to one another to participate in good faith. If believe your spouse will try to conceal assets, will refuse to exchange information and documentation voluntarily, or will generally not follow the rules, you may need the court to intervene. 
    • There are financial restraining orders that go into effect as soon as dissolution case is filed and served, and the court can enforce these orders through its contempt power.
    • Parties can be compelled to produce relevant documents and information through the discovery process, and the court can order sanctions against a spouse who refuses to cooperate.  
  • When there is a sizeable power imbalance. If one spouse has a tendency to engage in bullying, intimidation, or gaslighting behavior during the marriage, they are likely to continue that behavior during the divorce process.  Litigation is better equipped to insulate parties from an emotionally abusive spouse than is mediation or Collaborative Divorce.
  • Move-away cases.  When one parent wants to move out of state with the children and the other party disagrees, often there is no practical middle ground in which to work out a compromise. For example, if one parent wants to move the children to Florida and the other wants to stay in the Portland area, moving to Denver instead of Florida is not a practical compromise.  Move-away cases present an “all or nothing” scenario that may require a court order to resolve.

How a Divorce Litigator Can Help

Family law litigation can be stressful.  There are multiple sets of rules to follow and many court-imposed deadlines to keep track of.  You do not have to navigate this process on your own. Posey Legal, PC has a team of experienced litigators ready to help you through it.  Even within the litigation process, we look for holistic solutions help you achieve your goals and settle your case efficiently.  Contact us for a consultation where we look forward to answering your questions and making a plan on how to proceed.

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Posey Legal PC
3115 Northeast Sandy Boulevard
Portland, Oregon 97232
(503) 241-0818

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From The Blog

The Advantages of a Prenuptial Agreement   

Almost every engaged couple can benefit from getting a prenuptial agreement prior to their wedding day. Not only does a prenup protect the income and assets each spouse brings into the marriage, but it also encourages couples to discuss their goals and intentions, ensuring they are on the same page when it comes to long-term […]

Testimonials

Joanna represented my interests accurately and handled the details of my divorce with professionalism. She provided law-based advice to inform me of best strategy, and worked hard to resolve our issues in a collaborative way with opposing counsel. In the end our case went to trial. To prepare, Joanna researched to find a case similar to ours where the judgment was consistent with what we were seeking, She had a complete understanding of events in our marriage and at trial she represented my experience with expertise. Her court room conduct was appropriately assertive, yet respectful toward all parties involved in the trial. Throughout the stressful divorce process I had chronic feelings of anxiety about my future, frustration with the legal expenses and lack of cooperation from the other side. During the months of proceedings Joanna brought me occasional peaks among the valleys I was living in. She confidently created a strategy each step of the way and brought hope to a situation that was without any. I was satisfied with the outcome and recommend Joanna Posey if you need a divorce lawyer.Less

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Posey Legal, PC
3115 Northeast Sandy Boulevard
Suite 222
Portland, Oregon 97232
(503) 241-0818

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