Divorce without Court: Mediation and Collaborative Divorce

Springtime is the time of year to start fresh. This ritual does not just apply to clearing the clutter, refreshing the inside of your house, and completing home improvement projects. It is also a good time to organize and review your legal affairs. As time goes on, your legal needs may change. The following five spring cleaning steps are meant to embrace the spirit of the season and help you consider whether your documents are aligned with your existing needs and goals. Step 1: Organize Legal Records Spring is an ideal time to organize and securely store your legal documents, including any contracts, deeds, or tax records, and to save your documents digitally to increase security and improve accessibility. Are your documents saved in a fireproof safe or inside of a box down in your basement? It is important to know where your important legal and personal documents are stored to ensure that they are secure and can be quickly and easily accessed, if necessary. Step 2: Review Estate Planning Documents It is wise to review and update as necessary your estate planning documents (i.e. wills, trusts, guardianship, healthcare proxy, powers of attorney) with a legal professional to ensure that they appropriately reflect your current wishes, family composition, or financial situation. Similarly, it is important to consult with a legal professional to assess whether it is necessary to make any adjustments to your plan in light of any changes to relevant laws. If you have been intending on completing your estate planning but have not yet, consult with a professional this spring and cross it off your to-do list! Step 3: Review Insurance Coverage It is important to review and evaluate the scope of coverage for your various insurance policies (i.e. homeowner insurance, umbrella insurance, automobile insurance, flood insurance) to ensure that they provide adequate coverage. Carefully consider any limits or exclusions to your polices and consult with the appropriate professional if you are unsure about the scope of your coverage or are considering adjusting your coverage. Step 4: Consider Tax Planning Consulting with the appropriate tax professionals during the spring allows you to plan for the year ahead. It is important to proactively plan to optimize your financial strategies and minimize tax liabilities as much as possible. Step 5: Evaluate Service Contracts It is also wise for homeowners to review contracts for services (i.e. oil delivery, pest control, home security monitoring, property maintenance) to ensure that their needs are satisfied, and the pricing and terms are still favorable. Author: Christina M. Bezas

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Co-Parenting During the Holidays: A Guide on How to Make it Work

Tips for Successful Co-Parenting These are some tips that can help you and your former partner successfully co-parent your child: Maintain regular communication: It’s important to maintain regular communication with your child, co-parent, and any other stepparents, grandparents, or other caregivers in the child’s life. It can be helpful to share important news and relevant updates about your child’s development, school, activities, medical issues, and routine with everyone involved. Work out a co-parenting plan: Jointly work out a plan that covers the factors listed above, such as visitation schedule, daily routine, education, finances, medical needs, etc. Create an arrangement that works for both of you: Work out a co-parenting arrangement that works for you and your former partner. If you live nearby, you can have your child spend alternate days or weeks with each of you. Or, if your jobs are on different schedules, the child can spend mornings with one parent and evenings with another. If you live in different cities, the child may have to spend school days with one parent and holidays with another. Discuss changes to the plan: The co-parenting plan may have to evolve based on the child’s needs and parents’ circumstances. Discuss any changes or updates to the plan with all the stakeholders involved. This can help ensure everyone is on the same page. Be flexible: There may be times when things don’t go according to plan, despite the best intentions. Keep some room for flexibility in case the other parent is late or cannot pick up the child, the babysitter doesn’t show up on time, school lets out early, or there’s an unexpected emergency. Cooperating with your former partner when you are able to can help gain their cooperation for times when you need their help. Respect different parenting styles: Understand that everyone has a different parenting style. Unless your former partner’s parenting style is harming your child, respect them and let them bond with the child on their own terms. Exposure to different parenting approaches can help your child learn how to adapt to different situations and relationships. Make room for stepparents: You or your former partner may move on and start seeing other people. When you bring new partners into your child’s life, they may take on the role of stepparents . As long as they care for your child and are respectful of your relationship with your child, try to make room for them in your child’s life, instead of resenting, being hostile towards, or diminishing their presence. Keep interactions cordial: There may be times when you have to meet or interact with your former partner or other people in their life, such as their family members or current partners. For instance, while dropping off or picking up the child, at the child’s birthday parties, or at school events. Try to keep interactions respectful and cordial. Make the most of the time with your child: Make it a point to spend quality time with your child when they’re with you, especially if you have limited time together. Keep other commitments and distractions to a minimum and plan fun activities to do together. Try to create meaningful rituals that are unique to your relationship with your child. Prepare for when your child isn’t with you: It’s natural to experience a sense of loss or loneliness when your child isn’t with you. This feeling may be more pronounced on the weekends or holidays. Try to reframe the sense of loss as a chance to rest and relax instead. Try to schedule activities that you enjoy but may not get to do when your child is around, such as seeing friends, watching movies, planning trips, or doing other things for yourself . Original Author: Sanjana Gupta

Learn about Child Support in Oregon

What is a Deposition? A deposition is the process of taking sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript as part of the pre-trial discovery process. Depositions are commonly used in litigation, and they are almost always conducted outside court by the lawyers themselves, without the presence of a judge to oversee the examination. [1] Have you recently been involved in a legal case that required you to give a deposition? If so, being prepared for your upcoming deposition in Oregon is vital. Understanding what to expect during this process can help alleviate any anxiety or confusion you may have. This article will explain the deposition process, providing valuable insights into the questions you might face and how to best prepare for a smooth experience. Purpose of a Deposition Depositions are a significant component of the legal system, serving various purposes in the pre-trial phase. Following are some of the key purposes of a deposition: Presenting Your Version of Events: A deposition allows you to present your version of events and provide your side of the story. Clarifying Your Testimony : It allows you to clarify and expand on the information you’ve already provided, ensuring that your testimony is accurately recorded. Understanding the Case: Participating in a deposition can help you understand the strengths and weaknesses of the case and the nature of the evidence being presented. Preparing for Trial: It allows you to become familiar with the deposition process, which can help you feel more prepared and confident when testifying at trial. Providing Key Information: Your deposition testimony can help build your attorney’s case by providing the necessary information and evidence supporting your position. Preserving Your Testimony: If you cannot testify at trial, your deposition testimony can be used as relevant evidence at trial, preserving your account of the events for the court to consider. Purpose of a Deposition Depositions are a significant component of the legal system, serving various purposes in the pre-trial phase. Following are some of the key purposes of a deposition: Presenting Your Version of Events: A deposition allows you to present your version of events and provide your side of the story. Clarifying Your Testimony : It allows you to clarify and expand on the information you’ve already provided, ensuring that your testimony is accurately recorded. Understanding the Case: Participating in a deposition can help you understand the strengths and weaknesses of the case and the nature of the evidence being presented. Preparing for Trial: It allows you to become familiar with the deposition process, which can help you feel more prepared and confident when testifying at trial. Providing Key Information: Your deposition testimony can help build your attorney’s case by providing the necessary information and evidence supporting your position. Preserving Your Testimony: If you cannot testify at trial, your deposition testimony can be used as relevant evidence at trial, preserving your account of the events for the court to consider. What to Expect During the Deposition Process The deposition process is a significant component of legal proceedings, offering a structured method for obtaining information and testimony under oath from witnesses outside the formal courtroom setting. Here is an overview to help understand the deposition process: Scheduling: Attorneys from both sides coordinate to schedule the deposition. A neutral location is chosen, often a law office or court reporter’s office. Participants: The key participants include the deponent (witness), attorneys representing each party, and a court reporter. In some cases, a videographer may be present to record the deposition. Oath and Record: The court reporter administers an oath before trial to the witness. The entire deposition is then recorded verbatim to create a written transcript. Questioning: Attorneys take turns questioning the witness. The scope can cover a wide range of topics relevant to the case. The deponent is expected to answer honestly and to the best of their knowledge. Objections: The lawyer may raise objections during the deposition, similar to a courtroom setting. These can be based on relevance, privilege, or other legal grounds. Breaks and Clarifications: Depositions can be lengthy, and breaks may be taken as needed. Witnesses also have the opportunity to review and make corrections to their testimony before signing the deposition transcript. Types of Questions You Can Expect During a Deposition During a deposition, questioning attorneys may employ a series of questions to elicit information and build their case. Here are some common types of deposition questions you can expect: Fact-finding Questions: These seek to establish information by asking basic questions related to the case, such as names, dates, and locations. Background Questions: Background questions aim to gather information about your personal and professional background, including education, employment history, and medical history. Case-specific Questions: These questions focus on the case’s specifics, such as incidents, conversations, or events related to the legal matter. Opinion Questions: Lawyers may ask detailed questions to collect your opinions or conclusions based on your knowledge or expertise in a particular area. Hypothetical Questions: These may present hypothetical scenarios to test your understanding or elicit your professional opinion on a given situation. Admissions and Credibility Questions: These leading questions are designed to probe inconsistencies, assess your credibility, or obtain admissions related to the case. Tips to Prepare for a Deposition Preparing for a deposition is crucial to ensure a confident and effective presentation. Here are some tips to help you prepare: Review your Case: Familiarize yourself with the details of your case, including relevant documents, timelines, and key events. Meet with Your Attorney: Discuss the deposition with your attorney to understand their strategy, potential questions, and how to present your case best. Practice with Mock Depositions: Conduct mock depositions with our attorney playing the role of the defense attorney. It helps you become familiar with the questioning style and improves your responses. Refresh your Memory: Review key documents, records, or evidence related to the case to refresh your memory on specific details. Know your Statements: Be aware of any prior statements you’ve made, including written statements or testimony, to ensure consistency in your responses. Anticipate Questions: Work with our attorney to anticipate potential questions that may be asked during the deposition. Practice your responses to be more comfortable and articulate. Practice Relaxation Techniques: Depositions can be stressful. Practice relaxation techniques such as deep breathing to stay calm under pressure during cross-examination. Dress Professionally: Choose professional attire to convey a serious and respectful demeanor during the deposition. Bring Water: It’s always a good idea to bring a bottle of water to stay hydrated during a lengthy deposition. Listen Carefully: Pay close attention to each question, and take a moment before responding to formulate clear and accurate answers. Stay Calm and Collected: Maintain composure, even if faced with challenging or irrelevant questions. A calm demeanor enhances your credibility. Ask for Breaks if Needed: If the deposition is lengthy, don’t hesitate to request breaks to collect your thoughts and refresh. Review Deposition Rules: Understand the rules and guidelines governing depositions in your jurisdiction to ensure compliance and proper conduct. Bring Necessary Materials: Bring any documents or materials requested by your attorney, and be organized with your notes and relevant information. Consult with Your Attorney During Breaks: Consult with your attorney during breaks to address any concerns or receive guidance. Deposition Pitfalls to Avoid for a Smooth Process Some common pitfalls that you want to avoid during a deposition include the following: Don’t Guess: If you’re uncertain about an answer, it’s better to admit that you don’t know rather than guess. Don’t Volunteer Information: Answer only the questions asked and avoid providing unnecessary details that could potentially harm your case. Don’t Argue with Attorneys: Maintain a professional demeanor and avoid arguing with opposing counsel. If you disagree, express your disagreement calmly. Don’t Interrupt: Allow the attorney to finish their question before responding. Interrupting can create confusion and may not reflect well on your conduct. Don’t Bring Unnecessary Documents: Avoid bringing personal documents or materials irrelevant to the case unless requested. Don’t Speak Too Quickly: Speak moderately to ensure accurate transcription and comprehension of your responses. Don’t Speculate: Give direct answers to the questions and avoid speculating or offering opinions beyond your knowledge. Source: [1] Deposition (law). (2023, June 9). Wikipedia. https://en.wikipedia.org/wiki/Deposition_(law) Original Author: James Loren - Goldberg & Loren Law