Kevin Kelly | Oregon Divorce Attorney

Kevin Kelly Portland Divorce Attorney

Kevin L. Kelly

Attorney at Law


Hale & Kelly LLP

1318 SW 12th Avenue

Portland, Oregon

  503.224.1212

 

 

 

Portland Oregon Divorce Law Firm

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to Hale & Kelly's law office

 

 

Kevin Kelly


Oregon Family Law

Oregon Divorce Law

 

 

Eric Hale


Oregon DUII Defense

Oregon Criminal Defense

 

 

 

Mr. Kelly's

Practice Areas

 

Divorce

Contested and Uncontested

Visitation

Separation

Family Law

Dissolution

Child Support

Child Custody

Parenting Time

Marital Property

Spousal Support

Decree Modification

Domestic Partnerships

 


 

Areas Served

Gresham
Portland
Troutdale
Wood Village
Banks
Beaverton
Cornelius
Durham
Forest Grove
Hillsboro
Gresham

North Plains
Sherwood
Tigard
Tualatin
Canby
Estacada
Gladstone
Lake Oswego
Milwaukie
Molalla
Oregon City
Sandy
Tualatin
West Linn

St Helens

Wilsonville

 

Multnomah County

Washington County

Clackamas County

Columbia County

 

 

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Kevin L. Kelly is a Portland divorce lawyer providing professional and affordable divorce, child custody, spousal support, child support, and family law services to individuals in the State of Oregon.  Mr. Kelly is knowledgeable and effective in all aspects of this area of Oregon family law, including pre-nuptial agreements, divorces, child custody, child support, parenting time and visitation, spousal support or alimony, restraining orders, stalking orders, juvenile dependency and delinquency, and grandparent and psychological parent custody.

Mr. Kelly knows family matters are among the most important, if not the most important, matters that a person will ever have to deal with in their life.  It is with that thought in mind that he will handle your case.  He's a family law attorney that believes in providing persuasive, effective and responsive representation at a fair price.  

Mr. Kelly handles divorce, child custody, support and related family law matters in Multnomah, Clackamas, Washington, and Columbia County courts and serves residents of Portland, Gresham, Beaverton, Hillsboro, Tigard, Oregon City, Tualatin and surrounding communities.  Kevin’s law office is located in the heart of downtown Portland Oregon on SW 12th Avenue between Columbia and Jefferson Streets.  [Directions 

Call Kevin Kelly today at 503.224.1212 if you need assistance with an Oregon divorce, custody, support or other family law matter.  There is no charge for the initial consultation.  Kevin's law partner Eric Hale represents men and women charged with criminal law violations in Oregon courts with a special emphasis on defending Oregon DUI and related charges.


Mr. Kelly has been an Oregon attorney since 1993, but his trial and courtroom experience began before he even graduated from law school.  As a second year law student, he sought practical real world experience to complement his academic success in law school.  He gained this by working “in the trenches” for the Multnomah County District Attorney’s Office.  While there, Mr. Kelly laid a strong foundation in his efforts to become a persuasive, ethical and compassionate advocate.  Before graduating from law school, he had already conducted more than 50 trials, researched and argued countless motions, and appeared in court on a daily basis.  More courtroom experience than many lawyers receive in a lifetime.

After graduating from law school, Mr. Kelly was hired as a law clerk for a Multnomah County Circuit Court Judge who had presided over one of his early trials as a law student.  This judge characterized him as one of the most gifted young lawyers who had ever appeared in her courtroom. 

As a law clerk, he worked effectively and easily with both the public and fellow court staff, including judges, juries, witnesses, police officers, prosecutors, defense attorneys, and civil attorneys.  In this position, Mr. Kelly was able to observe hundreds of lawyers―good and bad, and dozens of trials―winners and losers.  This first-hand observation provided priceless, “behind the scenes” insight into the decision-making process of both judges and juries, and what persuaded them. 

Mr. Kelly left his position as a law clerk to resume his career as a prosecutor for the Washington County District Attorney’s Office.  Just as he had done in Multnomah County, he quickly built a reputation in Washington County among judges, defense lawyers and fellow prosecutors as an excellent lawyer who was always firm but also always fair.  Before leaving this position, Mr. Kelly had prosecuted over 150 trials with great success.  His final days with Washington County were spent supervising the juvenile department for the district attorney’s office.  In this position, he prosecuted countlessKevin Kelly Oregon Attorney at Law juvenile dependency and juvenile delinquency cases.  Mr. Kelly found this to be the most rewarding position he held as a prosecutor because it allowed him to have a meaningful impact upon the lives of many children and families.

In 1998, Mr. Kelly left prosecution and moved to Chicago, Illinois, where he continued his litigation career in civil practice with one of Chicago’s largest law firms.  His skills were immediately recognized by his new employer.  As a result, he was chosen to lead numerous trips to England, Germany, France, Italy and the Netherlands on behalf of a Fortune 500 client involved in a groundbreaking, multibillion dollar lawsuit.  Although this provided more interesting and challenging opportunities for Mr. Kelly, he missed all that Portland offers, so he returned after several years to continue his career in litigation where it began.  After returning to Oregon, he began his focus on divorce and family law, and he now practices almost exclusively in this area.

Mr. Kelly is a 1993 graduate of Lewis & Clark, Northwestern School of Law.  He graduated in the top 20 percent of his law school class.  While in law school, Mr. Kelly was also a board member and a published author for the law school’s nationally recognized law review.  In addition, he also received top honors for his excellent oral and written advocacy on the law school’s mock trial team.

Call Kevin today at 503.224.1212 if you need an experienced Oregon family law lawyer to assist you with an Oregon divorce, custody, support, or other family law matter.  The initial consultation is free.

 


 

Testimonials

 

“Dear Mr. Kelly, I just wanted to drop you an email to thank you for the outstanding job you and your firm did proving my innocence in my criminal trial and also getting me joint legal custody and time with my son (age 5) after I lost all of that because of the bogus criminal case and restraining order brought by my ex-wife.  It is great being back in his life.  I was a bit reluctant about switching attorneys in mid-case, but now I am positive I made the right decision and I am extremely happy with the job you did.  After talking to my ex-wife after the cases were over, I realized your vigilance in the way you went after her was key in getting her to back off on her false claims.  Also, I would like to thank your assistant, Terea, she was always polite and very professional.  Thanks"   Robert V.

"You’ve helped out in so many ways.  Your time, your effort and, most of all, you are very appreciated.  I am forever grateful for your expertise and passion for my case and compassion for me throughout.  Thank you so much! Sally B.

“Dear Kevin & Terea, Thank you all so much for your work in our behalf to help us get custody of my son (age 9).  What a stressful time this was for us & your calmness & warm smiles have surely helped.  Please know how much we appreciate you all. Jeremy, Phil & Rebecca P.

“Dear Mr. Kelly, Thank you so much for your good advice, but more than that thank you for your honesty.  In appreciation, I would like to treat you and your wife to dinner.Mike & Joan B.

“Kevin, Thank you for spending your valuable time and sharing your expertise with me.  I really appreciate your efforts during this difficult time."  Leslie C.

“Kevin, thanks for everything you have done for me!!"  Eli E.

“Kevin, thank you for helping me get my first good nights sleep in weeks!"   Jolynne B.

“Kevin, We just wanted to say thank for all you’ve done for us."   Dave + Pam E.

“To Kevin, Terea and Erin, you all worked for too long on our case!  Than you so much for being available while this thing drug on and on and on.  I just wanted you to know I appreciate it.Tonya F.


"Kevin, We just wanted to say ‘thank you’ for helping my daughter (age 6) to stay with us and stopping my ex-wife from stealing away to Japan with her.  She is perfectly integrated into our combined family and is pictured here at our wedding ceremony.  We are all very happy now thanks to your efforts. Mike D.

Final chapter in the custody case for Mike D.  Mike D. sent Mr. Kelly an email about a year after Mr. Kelly helped him get custody of his daughter and stop his Japanese ex-wife from taking his daughter back to Japan with her.  If that had happened, Mike D’s daughter probably would have been forever lost to Mike.  Japanese law strongly favors its own citizens in custody cases.  In addition, Japan does not honor an important international treaty that allows a custodial parent to recover a child kidnapped to another country by the child’s other parent.  Mr. Kelly was instrumental in preventing any of this from happening by, among other strategies, forcing the Japanese ex-wife to forfeit the daughter’s American and Japanese passports to Mr. Kelly.

In his email entitled “thank you Kevin,” Mike D. wrote “one year after our case was resolved and the kids are all doing great.  We have not heard from Aileigh’s mother since she left the country to return to Japan.  I wanted to attach this news story.  Not sure if you have been following the case of Christopher Savoie, but this could very easily have been me without your help.Mike D. & kids

Here is the link to the MSNBC article sent by Mike D. describing the plight of Christopher Savoie.  Mr. Savoie is an American father, who was awarded legal custody of his two young children.  He was being held in a Japanese jail after unsuccessfully trying to recover his children from his Japanese ex-wife who had illegally taken the children to Japan with her.  Eventually, Mr. Savoie was released from the Japanese jail and not charged with any crime.  However, as of March 2011, his Japanese ex-wife continues to illegally hold his children in Japan.  It has now been nearly two years since she first took the children. 

 

Oregon Divorce and Family Law Glossary

Alimony. Also called spousal support or spousal maintenance.  Financial payments made to help support a spouse or former spouse while the parties are physically separated, while a divorce or legal separation proceeding is pending, or following a divorce or legal separation.  In the State of Oregon, there are three types of spousal support: transitional, compensatory and maintenance.  These are defined in greater detail below.

Alternative Dispute Resolution (ADR). Methods of resolving legal disputes in a less adversarial manner without having to go to trial such as arbitration or mediation.  Many courts in Oregon require divorcing parties to attend mediation before trial, particularly if children are involved.

Annulment. The legal rescission or cancellation of a marriage because it was invalid or void when entered.  In Oregon, a marriage can be annulled if either spouse was not of legal age or sufficient understanding to marry, if either spouse’s consent to marry was obtained by force or fraud, if either spouse was already married, or if spouses are first cousins or nearer of kin to each other.  An annulment differs from a divorce in that the law treats a marriage that was annulled as if it never occurred, while a divorce terminates a marriage.  An annulment may be preferred when a person’s religious beliefs do not approve of or permit a divorce.

Arrearage. Money for child or spousal support that has not been paid and is past due.

Child Support. Money that a noncustodial parent pays to the custodial parent for the support of  their child(ren).

Child Support Guidelines. Guidelines established by statute or rule in each jurisdiction that set forth the manner in which child support must be calculated, generally based on the income of the parents and the needs of the children.

Compensatory Spousal Support.  Financial support paid to a compensate a divorced or separated spouse, who made a significant contribution toward the other spouse’s education, training, vocational skills, career or earning capacity during the marriage.

Custody. There are two main types of custody in Oregon–legal and physical.  Legal custody refers to the right to make the important decisions about your minor child(ren) regarding their residence, education, healthcare, religion, etc.  Physical custody refers to where the child(ren) live(s).  Legal custody is further broken down into two categories: joint or sole legal custody, which are defined below.

Decree. The court’s written order or decision finalizing the divorce, often issued in conjunction with the court’s judgment.

Default. Failing to answer a petition or complaint for divorce within the time provided by the summons, typically 30 days from being served.  If a party served with a lawsuit, including a divorce or separation, fails to file an answer or appear in court in the required time, the court can award to the party who filed the lawsuit everything requested in his or her divorce papers.

Defendant. The person against whom a lawsuit is filed.  The person against whom an Oregon divorce or separation is filed is referred to as the respondent.

Deposition. Part of the discovery or information exchanging process in a legal proceeding in which an attorney asks a party or witness questions under oath that are recorded so that a transcript of the proceedings can be prepared.

Discovery. The process of exchanging information between parties during a legal proceeding, including serving and answering interrogatories, requests for production of documents, and depositions.

Dissolution. The official term used in Oregon courts and statutes for a divorce.  The legal termination of a marriage or the legal proceeding to terminate a marriage.

Divorce. The more commonly used term for the legal termination of a marriage.  While most people refer to the termination of a marriage or the legal proceeding to terminate a marriage as a “divorce,” the term actually used in the statutes and  courts in Oregon is “dissolution.”

Domestic Partnership.  An arrangement in which unmarried persons cohabitate or live together with an intention to pool their resources and assets, and share their property and debt.  Oregon law does not recognize “common law” marriages as a result of unmarried persons living together for an extended period of time.  However, domestic partnerships are recognized.  Domestic partners can often obtain much of the same relief that is available to a divorcing couple, with one notable exception being spousal support.  Courts will divide the parties’ property and debt according to their written agreement, if one exists, or their expressed or implied intent.

Domestic Violence. Physical abuse or threats of abuse occurring between members of the same family or household.

Equitable Distribution. A division of property that is fair in view of all of the circumstances.  An equitable does not necessarily mean an equal one.

Interrogatories. Written questions served by the opposing party that must be answered in writing as part of the discovery process.

Joint Legal Custody. The continued co-parenting of a minor child after a divorce or legal separation, or the sharing of the right to make important decisions about a child’s welfare by both parents. Many professionals in the family law world, including judges, lawyers, therapists, counselors, psychologists, psychiatrists, etc. believe this is the preferred method of raising a child after a divorce, if the parents are capable and the circumstances are appropriate.  In Oregon, a judge cannot force parents to share joint legal custody.  Rather, joint legal custody is only possible if both parents agree to it.

Joint Physical Custody. The sharing of the actual physical care and custody of a minor child(ren) by both parents. 

Legal Custody. Legal custody refers to the right to make the important decisions about a minor child(ren) regarding their residence, education, healthcare, religion, etc.  Legal custody is further broken down into two categories: joint or sole legal custody, which are defined above and below, respectively.

Legal Separation. This is a legal device or proceeding similar to a divorce in which the financial and legal lives of a married couple are separated and the parties stop cohabitating or living together.  In a legal separation, the parties can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support.  However, the parties’ marriage is not legally terminated and they remain legally married.  A legal separation may be preferred because a person’s religious beliefs do not approve of or permit a divorce.

Maintenance or Spousal Maintenance.  Financial payments made to a divorced or separated spouse for a specified or indefinite period of time.  Maintenance is most common in a long-term marriage, and it is intended to allow the less fortunate spouse to continue the standard of living established during the marriage.  It is usually ordered when one spouse is at a significant disadvantage in his or her ability to support themself after the divorce because of their age, or physical, mental or emotional condition, or limited education, work experience or earning potential. 

Marital property. In Oregon, a presumption exists that all property acquired during the marriage is marital property.  Compare to Nonmarital Property.

Mediation. A form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement.

Noncustodial Parent. The parent who does not have legal and/or physical custody of the child(ren).

Nonmarital Property. Generally, property owned by either spouse before the marriage or that is acquired individually or separately during the marriage, such as by gift or inheritance.

Obligee.  A person who is owed something by another such as child or spousal support.

Obligor.  A person who owes something to another such as child or spousal support.

Parenting Plan.  The schedule for the noncustodial parent’s time with his or her child(ren).

Parenting Time.  The time that a noncustodial parent spends with his or her child(ren).

Physical Custody. A parent’s right to have the minor child(ren) live in his or her home, which carries with it the day‑to‑day rights and responsibilities for the care and upbringing associated with having the child(ren) in the home.

Petitioner. The person who initiates or files a divorce or marriage dissolution proceedings.

Plaintiff. The person who initiates or files legal proceedings.  , often called the petitioner in family law matters.

Premarital Agreement. An agreement entered into before marriage that sets forth each party’s rights and responsibilities should the marriage terminate by death or divorce. Also called a prenuptial agreement.

Prenuptial Agreement. An agreement entered into before marriage that sets forth each party’s rights and responsibilities should the marriage terminate by death or divorce. Also called a premarital agreement.

Qualified Domestic Relations Order (QDRO). An order issued by the court to divide retirement benefits.  Often called a “quad‑ro” by lawyers and judges.  The preparation of a QDRO requires the parties to hire a third attorney, one who did not represent either party in the divorce, to prepare order.  The parties usually split the cost of the preparation of the QDRO, which is generally between $750-1,000 for each retirement account being split.

Respondent. The person against whom a legal proceeding is filed in a family law matter.

Restraining Order. An order issued by the court to restrain or prevent a person from doing something.  Frequently, issued in conjunction with domestic violence or custody disputes.

Separation.  The cessation of cohabitation between a married couple by their mutual agreement or judicial decree.  If done only by the parties’ mutual agreement, then this living arrangement generally means that the parties are not responsible for the other spouse’s debts and obligations, except for the debts relating to the expenses of the family and the maintenance, support and education of their minor children.  If done through a formal legal proceeding, then the parties’ legal and financial lives are legally separated, and they can obtain nearly all of the same relief available through a divorce such as the division of their property and debts, child custody, and child and spousal support.  However, the parties’ marriage is not legally terminated and they remain legally married.  Please see “Legal Separation” above.

Settlement Conference. A meeting at which the parties and their lawyers attempt to settle the case before trial, often ordered by the court.

Sole Legal Custody. One parent is given the unilateral right to make important decisions about a child’s welfare without consulting the other parent.  Typically, the parent with sole legal custody will also have physical custody of the child.

Split Custody. A form of custody generally not looked upon favorably in which one or more of the parties’ children is/are in the custody of one parent while the remaining child(ren) is/are in the custody of the other parent.

Spousal Support. Financial payments made to help support a spouse or former spouse while the parties are physically separated, while a divorce or legal separation proceeding is pending, or following a divorce or legal separation.  Also called alimony.  In Oregon, there are three types of spousal support: transitional, compensatory and maintenance.  These are defined in greater detail above and below. 

Stipulation. An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court’s final order or judgment and decree.

Transitional Spousal Support. Financial payments made to help support a spouse or former spouse to attain education and training necessary to permit him or her to reenter or advance in the job market.

Visitation. This is the term commonly used for the time that a noncustodial parent spends with his or her child(ren).  In Oregon, however, by statute, the term “visitation” actually refers to time that a non-parent, such as a grandparent, spends with child(ren), while “parenting time” refers to time that a noncustodial parent spends with his or her child(ren).

Disclaimer.  This glossary and the information included in it should not be used as a as a substitute for legal advice.  Specific legal issues, concerns and conditions always require the advice of a competent Oregon divorce lawyer.

 

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