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Can I assist my daughter in divorce court?

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Oregonbythesea

Junior Member
I live in Oregon and my daughter has filed for a separation. Her husband has counter-sued through an attorney. My daughter doesn't have any means of support. She is considered disabled by Oregon and seeking social security status at present. Oregon has supplied her with an in-home care provider even though it is only 26 hours per week. She gets food stamps and that is about it. Can I assist her in divorce court and not be considered practicing law without a license?
 


Isis1

Senior Member
I live in Oregon and my daughter has filed for a separation. Her husband has counter-sued through an attorney. My daughter doesn't have any means of support. She is considered disabled by Oregon and seeking social security status at present. Oregon has supplied her with an in-home care provider even though it is only 26 hours per week. She gets food stamps and that is about it. Can I assist her in divorce court and not be considered practicing law without a license?
i doubt it. it's possible on the nature of her disability to claim power of attorney. appearing for her as an attorney, is a different story. it would be best if you hired an attorney for her.
 

Oregonbythesea

Junior Member
IsabellaSoriano, thank you for the reply. I don't plan on acting as her attorney. I just want to know if I can help her with filling out the legal paper work with her as pro se and speaking for herself. Oregon has forms for pro se filings, but when it comes to counter-suit answers and motions, it will be up to her to speak for herself with me just helping her get the filings written properly. I will also be by her side during the proceedings. I just don't want her at the mercy of some attorney on her own. And, I don't want to be charged with practicing law without a license. As for hiring an attorney, that isn't even a remote possibility by the trial date. She suffers from an illness that requires her to take morphine, methadone and klonopin which makes it hard for her to concentrate and focus. I was under the impression that a family member can assist in a legal defense under these conditions in Oregon. I sure hope I am not wrong.
 

Isis1

Senior Member
IsabellaSoriano, thank you for the reply. I don't plan on acting as her attorney. I just want to know if I can help her with filling out the legal paper work with her as pro se and speaking for herself. Oregon has forms for pro se filings, but when it comes to counter-suit answers and motions, it will be up to her to speak for herself with me just helping her get the filings written properly. I will also be by her side during the proceedings. I just don't want her at the mercy of some attorney on her own. And, I don't want to be charged with practicing law without a license. As for hiring an attorney, that isn't even a remote possibility by the trial date. She suffers from an illness that requires her to take morphine, methadone and klonopin which makes it hard for her to concentrate and focus. I was under the impression that a family member can assist in a legal defense under these conditions in Oregon. I sure hope I am not wrong.
you cannot act as her attorney. she needs an attorney.
 

LdiJ

Senior Member
IsabellaSoriano, thank you for the reply. I don't plan on acting as her attorney. I just want to know if I can help her with filling out the legal paper work with her as pro se and speaking for herself. Oregon has forms for pro se filings, but when it comes to counter-suit answers and motions, it will be up to her to speak for herself with me just helping her get the filings written properly. I will also be by her side during the proceedings. I just don't want her at the mercy of some attorney on her own. And, I don't want to be charged with practicing law without a license. As for hiring an attorney, that isn't even a remote possibility by the trial date. She suffers from an illness that requires her to take morphine, methadone and klonopin which makes it hard for her to concentrate and focus. I was under the impression that a family member can assist in a legal defense under these conditions in Oregon. I sure hope I am not wrong.
There is nothing wrong with you helping her with filling out the paperwork, but helping her speak for herself is where it gets problematic.

What kind of financial resources does her husband have? What kind of marital assets are available to be divided? In a situation like this one sometimes the other spouse can be ordered to pay the attorney fees of the disabled spouse, or an attorney would agree to be paid from marital assets.

It wouldn't hurt to consult with a few attorneys...and just see what they say.
 

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