Should I get a legal separation and then get a divorce?
Portland family law attorney, Colin Amos, talks family law and divorce for men. This week he fields a number of calls about divorce, legal separation, and how to get an annulment. One question from a Portland husband and father asks whether a legal separation or a divorce would be a better path to take. He asks:
I have been told that I should get a legal separation first and then get a divorce. Is this true? Does it cost more or less? What are you thoughts on this?
Colin answers that this is a common misconception and that there are very limited situations that would warrant a legal separation instead of a divorce. As he elaborates in his comments below:
We hear this all the time. Many people believe that a legal separation is a stepping stone to a divorce. What I tell people is that you are just going to pay me twice for the same transaction.
Legal separation is a separate transaction that is almost the same as a divorce. However, at the end of the day, you are only separated and will still need to go through a similar process to covert the legal separation into a divorce.
The process, therefor, has a very limited purpose, for example, people who have religious beliefs that don't allow them to divorce or people who want to maintain health insurance coverage. But, the process is just as expensive as a divorce if not more expensive.
Colin also covers the following FAQs this episode:
- When do you need to call a Portland divorce attorney?
- When I went through divorce, I didn't fight back and my wife got a default judgment. Is it possible now to change the visitation schedule?
- My wife and I are ready for a divorce. I don't think we have anything to fight over. Do we really need a lawyer?
- Should I get a legal separation first and then get a divorce?
- I got married in Washington. Does community property mean that all of my property, including my house I have had for 15 years, become my wife's property?
- My wife and I have been married for 6 months. Can I get an annulment?
- My wife defaulted on a divorce. Can I re-open the divorce since it wasn't finalized?
If you have any questions about legal separation or any other family law matters in Portland or in Vancouver, give us a call. We'll answer your questions on the phone for free.
Goldberg Jones | Divorce For Men
Call: (503) 731-8888
My wife is having an affair on Facebook. Do I need to hire an attorney? Or, can I do this divorce on my own?
Colin Amos from Goldberg Jones answers questions from Portland and Clark County about divorce, child custody, and how to pick the right attorney. One father writes in to ask if he really needs an attorney.
My wife has been having a Facebook affair. This is not the first time. I am done. We have two kids and I have a small retirement plan. My house is underwater. Obviously, I don't have much money. Do I really need to hire and attorney? Or, can I do this divorce on my own?
Colin's answer is that it depends on the scenario. While in many simple cases don't need an attorney, Colin suggests that you at least have an initial consultation to get an expert opinion and warnings about the common mistakes you can make.
We are seeing that scenario all the time with people getting online and getting into trouble. The reality is that sometimes you have tough cases and tough facts - especially in cases where you have kids, retirement or anything of importance. If you try to go in there on you own, there are so many dynamics against you. The court process is confusing and she might get an attorney who can create some real problems. You might end up with a bad a result simply because you didn't protect yourself.
So, I would always recommend you at least consult with an attorney to see all the mistakes that people make and help yourself avoid those mistakes. There are many common mistakes that you can avoid just by educating yourself. So, at least consult with an attorney, then make the decision whether or not you should hire an attorney thereafter.
Click below to see the whole episode:
- What should I look for in a divorce attorney? Why should you choose Goldberg Jones?
- When do I need to hire a divorce attorney? Can I do it on my own?
- I've been served with a restraining order. What can I do to contest the order?
- My kids are grown and out of the house. Should I pursue a legal separation or a divorce?
The Portland divorce attorneys at Goldberg Jones pride themselves in being a resource for men facing divorce. From our free phone answers to our discounted in-person consultations, we work hard to make sure you are informed about the best path for your divorce. If you have any questions about family law, divorce, or child custody in the Portland area, give us call at: (503) 731-8888
How to Avoid Setting a Bad Precedent when Separating – Portland Divorce Lawyer’s Advice for Men
Colin Amos leads off this week's interview with some important issues for men to consider when separating. He answers a question by a local husband and father.
My wife and I have been in counseling and it has been suggested that we consider separating from each other. I have a daughter and my wife doesn't work. This will pinch us financially. So, I am reluctant. Is there anything else I should be concerned about?
Colin's answer is "Hell Yes!" Once you are separated, you need to be careful not set bad precedent. Listen to his explanation below:
Colin also addresses the following questions in this episode:
- Can I my wife take my kids and move to California? Can she file for divorce out of Oregon? Can she keep the kids with her? Can I make her bring the kids back?
- Who pays the taxes in a separation agreement? What happens if you were never married?
- How can you void a marriage?
- When you have temporary custody order, can you get the court to change the order to provide child support to the husband?
- If you are not the primary parent in a custody agreement, how can you get the custody agreement changed? Do children over 12 have a say in a custody agreement?
Remember, if you have any questions about family law, child custody, or divorce in Portland or Southern Washington. Give us a call and we will answer your questions on the phone for free - (503) 731-8888
Is Leaving the House in my Name Sufficient? When do I need a Pre-nup?
In his most recent radio interview, Colin Amos talked about pre-nups, Portland Divorce for men, and child custody. He took questions from callers and questions that were submitted to our website.
One question he answers asked about separate property and when to get a prenup. The question read:
I plan on getting married in a few weeks. I have a house in my name, some investment accounts, and a retirement account. I plan to leave all of these assets in my name and only open up a joint account for our joint expenses. Do I need a pre-nup to keep our assets separate?
Colin elaborates in on this and other issues in this radio interview:
Many of people feel that keeping their assets in their own name will protect those assets from being divided in a divorce. Unfortunately, that is not necessarily how it works and without the protection of a prenuptial agreement there is no way to guarantee your asset will be safe.
We get questions about pre-nups and protecting assets all the time from prospective husbands. Unfortunately, too many of them are from men heading into their second marriage. Nevertheless, we are committed to giving you quality answers on the phone and through our consultations, feel free to call us with any questions about Portland family law and divorce for men. Call - (503) 731-8888
When is the Best Time to Start a Divorce or Modify Custody in Portland?
If you have children who are in school, you may consider starting the process before the end of February. Colin Amos, managing attorney for Goldberg Jones and Portland divorce lawyer, explains why in this radio interview:
Modifying a custody arrangement is not an overnight process and courts are less likely to make changes in the middle of the school year. If there is any dispute over custody, it could be up to 6 months before you have a resolution.
Starting earlier in the year puts you in best position to get custody modified, your divorce settled, and your children in a stable position to start a new school year. If you are a father facing divorce, you have legal rights. Goldberg Jones is dedicated to help you protect your rights. If you have any questions about child custody or divorce in Oregon, give Colin a call at - 1-800-DIVORCE
A Bad Divorce Story: Deviant Wife or Deviant Husband?
You think getting a divorce is bad. Imagine getting a divorce at the same time you are being indicted on federal charges. Now imagine that the evidence of your crime was faked and planted on your cell phone by your soon-to-be-ex-wife. This is the situation alleged by the husband (Habibion) in what may be the most tumultuous divorce of all time.
Habibion is currently being accused of conspiring to export millions of dollars of electronic equipment from the U.S. to Iran. Around the time Habibion was arrested his wife stole his iPhone, refused to return it, and announced that she had disposed of it by throwing it into a canyon near their house.
However, rather than disposing of the phone, she turned the phone over to the FBI. On the phone, federal investigators found “incredibly blatant admissions of criminal wrongdoing and philandering.”
Habibion claims that these admissions were forged by his wife and planted on his iPhone with the intent to secure a federal conviction and ensure victory in her divorce. In his motion, Habibion’s lawyer goes on to say the following:
“Any reasonable observer would review these entries and note that they constitute incredibly blatant admissions of criminal wrongdoing and philandering conveniently bearing on two pending proceedings against Habibion in which [his wife] has a demonstrable interest. [His wife] has made numerous false and slanderous statements about Habibion and his business partners to members of the Iranian-American community in Orange County, California that reflect extreme vengefulness and animus. Because the entries show when they were last modified, one can see that the entries containing these manufactured “admissions” were all modified during a single one-hour period on a single date, which is reflected as January 10, 1970. (It appears that this illogical date shows up because the iPhone ran out of battery and was then re-charged before the entries were made.) [...]
Habibon believes that [his wife] input them into the iPhone in order to negatively impact his federal criminal case in Washington, D.C. and divorce proceedings in southern California.”
Source: http://legaltimes.typepad.com/files/habibion_motion.pdf
The courts are expected to untangle this mess soon but in the meantime if things are headed downhill in your relationship, lock your phone, make copies of important documents, and change the passwords on your online accounts.
Unfortunately for Habibion, he learned this lesson too late. Either his wife hated him enough to create a complicated scheme to forge evidence, or he is such a bad criminal that he kept clear admissions of guilt on his phone.
What Happens to Inheritance in a Divorce? Oregon Divorce Law is Updated to Protect Inheritance
Colin Amos, a Portland divorce lawyer and managing attorney of Goldberg Jones, was on the radio before the holiday to talk about a major change in Oregon divorce law. The change will affect how inheritance will be divided during divorce and is effective as of today.
Before the change, inheritance or gifts received during the marriage were presumed to be joint property. Therefore, the court often split inheritance between the two parties during the divorce. While the presumption could be overcome, it was difficult to find evidence show that the inheritance was intended only for one party. The results were unfortunate. For example, recently, there was a sad case where a husband, who received inheritance just before the separation and kept the money in a separate account, was still required to give half of the money to his ex-spouse.
Fortunately, Oregon has changed the law to prevent this situation. Effective today, 1/1/2012, SB386 has reversed Oregon's position on inheritance. The law now presumes that money received as inheritance is separate property. While that presumption can be overcome with evidence that the donor intended to give the money to both of the parties, the default position will now protect your rights to your inheritance during a divorce.
Colin provides more information about the change in his radio clip:
Colin makes a great point at the end of the video. You can save a lot of attorneys fees by educating yourself. We pride ourselves is being accessible and straightforward when working with you and we will answer any questions you have about divorce on the phone for free. If you are facing questions of separation of property during divorce, give us a call for a free consultation: (503) 731-8888.
Should you decide to hire us to represent you during your divorce, you can rest assured that the Portland Divorce Lawyers at Goldberg Jones have the experience and talent to make sure that your rights will be protected.
Portland Divorce Attorney, Colin Amos, Talks Prenups on the Radio
Most people either hear about prenuptial agreements from the celebrity gossip page or from the classic Seinfeld episode. On your first marriage, most people never think about getting this valuable protection. However, divorce is a great learning experience and you would be surprised how many people get a prenup for their second marriage.
Recently, our managing attorney, Colin Amos, was on the radio to talk about Portland prenuptial agreements. He talks about when you need them, what protection they provide, and how to keep them from being reversed.
Listen for his creative suggestion on to present a prenup to your fiance.
If you are coming into a marriage with inheritance, existing property, retirement, or children, a prenuptial agreement is something to think about. Sitting down with an attorney to take stock of both of your assets before marriage can help make sure everyone is on the same page. Should you choose to go forward with a prenuptial agreement, it can be prepared rather quickly.
If you have any questions, feel free to contact us at Goldberg Jones. Our Portland Family Lawyers know prenups and are willing to answer any questions you have on the phone. Give us a call for a free consultation - (503) 731-8888.
Welcome, Stephen Brown! – Portland Divorce Attorney and new addition to our Divorce for Men practice
Goldberg Jones is excited to welcome its newest attorney - Stephen Brown. Steve comes to the firm with an impressive background in both civil litigation and family law. He has handled a wide range of Portland family law cases from complex thirty-million-dollar high-asset divorces to international child-custody cases.
“Steve is one of the most compassionate advocates I have had the pleasure of working with. From the first meeting with Steve, his clients know they have found an attorney who truly cares about their case and has the litigation experience to get results,” says Managing Attorney Colin Amos.
Steve has chosen to focus his career in the area of Portland family law and brings that commitment to Goldberg Jones. “Facing a family law issue can be one of the toughest challenges in your life. I can help navigate you through the issues with the personal touch that you need during rough times,” says Steve.
An Oregon native, Steve, received his Bachelor of Science in Political Science from the University of Oregon. Go Ducks! He received his Law Degree at Suffolk University Law School in Boston and graduated on the Dean's List for excellent performance.
When he is off work, he enjoys spending time with his wife and children, scuba diving and listening to Sports-Talk radio. Steve enjoys traveling as well, and has spent an extensive amount of time in Southeast Asia including working in Japan for two years prior to law school. Steve also is active in the community and is a member of the Oregon State Bar Association, Rotary Club of Portland, a former Chairman of the Family Access Network.
Portland Divorce Attorney Colin Amos talks Parenting Plans and Child Custody on the Radio
Portland Divorce Lawyer and managing attorney of Goldberg Jones, Colin Amos, talks about the holidays, child custody, divorce and parenting plans. If your ex-spouse is causing you trouble this holiday, a good parenting plan can make your life much easier.
We are the Portland law firm of Goldberg Jones, a dedicated group of divorce lawyers with decades of family law experience. It's because of this extensive experience our family law lawyers have successfully represented thousands of clients from the greater Portland area. Call today for a free consultation - (503) 731-8888