Divorce & Separation
Going through a divorce is extremely difficult and stressful. Coming to the realization that one can no longer continue in a marriage is often devastating. Divorce, in many ways, is like going through the grief as if someone close has died. The process often begins with denial and moves through shock, anger and depression until acceptance and resolution is found.
At Fischer Family Law, PC, we recognize the emotional challenges and give our clients the information they need so emotions do not outweigh practical thought and decisions. We make sure clients know their legal rights, risks and responsibilities so that they can make the best choices possible.Back to Top
When circumstances in our lives change substantially, previously established spousal support and/or child support may need to be modified. Fischer Family Law, PC attorneys review the unique aspects of every case and evaluate whether modification is appropriate. Our advice always balances the economic benefit with the emotional and financial costs of moving forward with a modification proceeding.
Caring for an individual who lacks the ability to make decisions regarding his or her health and safety can be very challenging. Anxiety regarding the welfare of loved ones increases when it is unclear who has the legal decision-making authority. Obtaining guardianship of a loved one may help alleviate many concerns regarding who will make decisions to assure that loved ones are well cared for.
At Fischer Family Law, PC, our attorneys help clients determine whether guardianship is necessary and appropriate, and assist our clients in navigating the legal process. When there is disagreement regarding who should be guardian or if a guardian is even necessary, we approach every situation with sensitivity to the needs and values of families.Back to Top
Child & Spousal Support
When circumstances in our lives change, spousal support and/or child support previously established may need to be modified. At Fischer Family Law, PC our attorneys review the unique aspects of every case and evaluate if a modification is appropriate. Our advice always balances the economic benefit with the emotional and financial costs of moving forward with a modification proceeding.Back to Top
Division of Property
Dividing assets and liabilities is at issue in essentially every divorce, separation and dissolution of domestic partnership. It can be emotionally exhausting to consider allocating the family home, a business, retirement accounts and other assets. These divisions can involve complex determinations of value and tax implications.
At Fischer Family Law, PC, we have developed a well-respected cadre of experts to call upon to help our clients. We help with all aspects of property division, including securing appraisals of real property, businesses, and personal property, projecting anticipated tax liabilities, analyzing gifts and inheritances, allocation of vested and unvested stock options and restricted stock units, and more. Our attorneys are well-versed in complex property division issues, competently and professionally guiding our clients through careful analyses of their cases.Back to Top
Ending a partnership is painful and difficult. When partners are not married, it can often be confusing as legal rights are not always clearly defined. In the absence of a written domestic partnership agreement or registered domestic partnership, our attorneys assist clients in defining what their agreement was so that our clients can better determine what to expect when ending their relationship.
At every step, the team at Fischer Family Law, PC assists clients in resolving the issues rather than going to court, when possible. If the domestic partnership is not evidenced by legal registration or a written domestic partnership agreement, then the parties or court must establish that the parties intended to establish a domestic partnership. The law varies significantly as to how assets and liabilities are divided, the availability of spousal support, and the possible recovery of legal fees, depending on how the existence of a domestic partnership is established. At Fischer Family Law, PC, our attorneys are skilled at navigating the intricacies of domestic partnership dissolutions.Back to Top
Benjamin Franklin said, “an ounce of prevention is worth a pound of cure.” While it is not pleasant to think of a potential marriage ending in divorce, the best time to think about that is before the marriage. A prenuptial agreement can be used to protect premarital or family wealth.
Fischer Family Law, PC attorneys strongly advise to not wait until the week before the wedding to start discussing a prenuptial agreement. Ideally, clients will start the discussion with each other and obtain legal advice several months before the intended wedding date.
Sometimes, when parties experience marital strife after the marriage, developing a post-nuptial agreement allows the parties to reconcile by eliminating the fear of what would happen in the event of a divorce. Post-nuptial agreements are similar to pre-nuptial agreements, but differ as to the timing and legal authority. We encourage you to consult with an attorney at Fischer Family Law, PC if you are interested in pursuing a post-nuptial agreement.Back to Top
3rd Party/Grandparents Rights
Children need competent, caring, consistent adults in their lives. It hurts children when significant relationships with those they are bonded with are damaged. Grandparents and other significant third parties are often overlooked as important caretakers in the lives of children. Whether the issue is custody, visitation or foster-care, grandparents and other adults with significant relationships with the children have rights under Oregon law.
At Fischer Family Law, PC, our attorneys have seen many cases where significant adults in children’s lives are denied visitation or custody, contrary to the children’s best interests. This is sometimes seen when the Department of Human Services (formerly CSD or CPS) gets involved and removes a child from their parents’ home due to alleged child abuse or neglect. It sometimes occurs when a child experiences the untimely death or disability of a parent. We assist grandparents and other third parties in evaluating and asserting their legal rights so that they continue to be a significant presence in the lives of the children that love them.Back to Top
When the Department of Human Services (DHS) intervenes and takes custody of a child, the family is often shocked and demoralized. Despite the challenges families face, having a child removed from the family home is devastating. It is not only difficult for the children and the parents but for grandparents, aunts, uncles, and others who have cared for the children.
Our attorneys at Fischer Family Law, PC, work with parents to assist them in minimizing the intervention of DHS so, if possible, they can effectively parent their children. If parents are not able to care for the children, we often assist grandparents or psychological parents in asserting their rights as a placement or visitation resource for the children. We understand the difficulties families face. Whatever the difficulties are, we approach every case with understanding and compassion, while asserting our client’s interests.Back to Top
At Fischer Family Law, PC, we understand how to get the most out of the Individual Education Plan (IEP) process. The first step is assuring the child is adequately evaluated to determine eligibility for Special Education Services. Then, it is important to establish the child’s present level of academic achievement and functional performance. This process identifies the needs and challenges that the child has, so that the parent(s) or guardian(s) can assert what goals the child should be working on in school. Critical to a child’s success are the supplemental aids and services, modifications and accommodations that stem from the needs identified in and goals of the IEP.
When a child does not qualify for an IEP, but still requires accommodations in order to receive the full benefit of a public education, a 504 plan may be more appropriate.
At Fischer Family Law, PC, it is our goal to assert the interests of the family, while continuing to nurture and enhance the family’s relationship with the school district. The best results for kids stem from school districts understanding families’ interests and being receptive to the issues families bring to the table. This is not always possible, and due process rights sometimes need to be asserted in a more formal process.Back to Top
Collaborative Family Law
Going through divorce or other family law disputes is difficult enough without the added stress of a civil hearing or trial looming out in the distance. The Collaborative process is designed to help individuals resolve their conflict without going to court. Both parties retain separate, collaboratively trained attorneys, whose job it is to help them settle the case.
The process is designed to be respectful, candid, and transparent, with negotiations taking place in face-to-face meetings. The process puts the clients in the driver’s seat and lets them focus on their priorities on their own timeline, actively crafting their settlement agreement with the aid of experienced lawyers and, when appropriate, other collaboratively trained professionals.Back to Top
Many people experiencing family transition value civility, transparency, and control in resolving their disputes. Others prefer handling things outside of court when possible. Mediation is a dispute resolution process that honors those values while helping participants reach a resolution that is custom-tailored to their families’ needs.
At Fischer Family Law, PC, our mediator serves as neutral facilitator to help both participants understand the legal process while guiding a discussion to help the parties reach resolution. It can be used to resolve entire divorce cases or to reach agreement on one or two issues. In mediation, the parties openly share the information each side needs to make informed decisions, discuss their goals for reaching resolution, and brainstorm solutions in a mediator-facilitated discussion. Participants are encouraged to consult with their own independent attorney when legal advice is needed. Once an agreement is reached, the necessary legal documents are prepared so that the agreement can be filed with the court.Back to Top
Few milestones in life are as monumental as the decision to expand your family. The occasion should be joyous and exciting, but the legal hurdles can be stressful and challenging.
At Fischer Family Law, PC, we help our clients navigate the independent adoption process so that they can stay focused on their family while we handle the paperwork.Back to Top
Sometimes conflict between parents makes it difficult for children. In order to ease that struggle, parent coordination may be appropriate. Parent coordination is a dispute resolution process, ordered by the court, that authorizes the parent coordinator to resolve disputes between parents regarding day to day challenges.
At Fischer Family Law, PC, we work with parents to neutralize conflict to reduce financial and emotional costs. We strive to help our clients have the support they need so they can effectively maximize their success as parents.Back to Top