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Contact our firm online or call to schedule your initial consultation. Family law cases are often the most agonizing case that a client can bring. Nothing is more important than the welfare of your children.
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- How to Set Aside (Cancel) an Order in a Divorce Case - divorce_or_separation_selfhelp!
- Appeals and Motions to Modify the Divorce Decree - FindLaw.
Spousal support and the division of property may have a grave impact on your economic well-being for the rest of your life. We will carefully listen to you, taking the time to understand your entire story. We will review the entire record, do legal research on the necessary law and make a compelling argument to the appeals courts on your behalf. Our Portland appellate attorney, Margaret H. Leek Leiberan, has a Harvard law education and over 30 years of experience in appeals and has represented clients in dozens of family law cases. In addition, because the other lawyers in our firm focus their practice on family law, Ms.
Leiberan can draw on a depth of knowledge of trial court rulings in this area of law.
Appeals and Motions to Modify the Divorce Decree
Leiberan is pleased to work with your current trial attorney and generally recommends that you continue with that attorney for any issues in the trial court. However, if you should need a new attorney to handle trial court hearings motions to stay or modifications while the appeal is pending, our firm has experienced attorneys who can represent you in the trial court.
To learn more about our attorneys and their background, visit our attorney page.
If you wish to challenge the court's decision, or are fighting to uphold a trial court's decision in your favor in your divorce, same sex registered domestic partnership dissolution, modification, unmarried custody, parenting time or third party grandparent or step-parent custody or parenting time or property division case, contact our firm online or call to schedule your initial consultation.
The legislature also provided for discretionary review in this court of final judgments of the Court of Appeals by means of a petition for review process. In , the legislature expanded the exclusive jurisdiction of the Court of Appeals to "all appeals.
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The legislature in also amended the statute authorizing an award of attorney fees on appeal in marital dissolution cases by striking the words "Supreme Court" and inserting the words "appellate court. The amended version of ORS The creation of the Court of Appeals, with exclusive jurisdiction over "all appeals," and the replacement of this court's former jurisdiction over appeals with authority over a discretionary petition for review process have altered the nature of this court's function in considering claims of error.
Overview of Appeals
This court explained that change in Friends of Oregon v. That function is now placed in the Court of Appeals. Similarly, a party asserting that the Court of Appeals, in turn, has erred cannot for that reason alone expect further review in this court. The process must stop somewhere, and for most purposes this is at the first level of appeal. However, since this court will not grant review whenever it appears that the Court of Appeals reached a questionable decision, it follows that a denial of review carries no implication that the decision or the opinion of the Court of Appeals was correct.
Portland Family Appeals Attorney
The change in this court's function on review, noted above, has a procedural consequence that goes beyond the neutrality point discussed in Friends of Oregon. In U-Cart Concrete v. Farmers Ins.
Rather, the court has chosen not to entertain an 'appeal. We hold that there is no basis for an award of costs under the statutes. Even though U-Cart addressed a claim for costs "on an appeal," this court has determined that the analysis in U-Cart applies with equal force to a petition for attorney fees on "appeal. We conclude from the foregoing that, because this court denied the petition for review, wife cannot satisfy the requirement that the attorney fees that she seeks pertain to "an appeal" within the meaning of ORS As U-Cart explained, when this court denies a petition for review, the court has declined to entertain an appeal and there is no appeal before the court.
Thus, this case presents no occasion for the exercise of judicial discretion to decide whether to allow attorney fees and there is no reason to consider the criteria in ORS We add one additional comment.
Oregon: Family Law | Without My Consent
As already noted, we have concluded that ORS ORS The answer is no. Nothing in ORS The phrase, "as part of the costs," in ORS Despite the reference to "costs" in ORS That authority does not currently exist. We note that ORS First, in , the legislature repealed ORS The legislature renumbered ORS Second, in , the legislature eliminated the requirement that the party receiving an award of attorney fees be the prevailing party.
Third, in , the legislature substituted the term "judgment" for the term "decree" to conform to other amendments to other statutes describing the procedure for appeals. Those changes are not material to our examination of this court's authority under that statute to award attorney fees when it denies a petition for review.
We note them here, however, to describe the statute's history completely. The statute then lists eight factors that the court must consider in deciding, in its discretion, whether to award attorney fees. Enter your email.