Divorce is the most obvious option when a marriage is over, but in some cases, it’s not the best one. Some situations may call for legal separation. You may want time to make the marriage work, want to stay together for the kids, need to keep health insurance, or have one of the myriad reasons people choose separation.
Divorce is costly both financially and emotionally, especially in high-asset cases where many complex issues arise, such as property division and support payments. Here are some common mistakes to avoid.
Whatever your specific criteria, make sure to ask the right questions. It could involve child custody, support payments, taxes, military service, pensions, or a business you and your spouse own together. It’s crucial to find a divorce lawyer who fits your case’s needs.
Ending a marriage sounds harrowing and dramatic. It can get complicated. We often field questions from people asking how to divorce in Oregon.
Mediation is more and more common in divorce. We try to answer a number of common mediation questions we regularly hear.
The courts view your business as a divisible asset, and that’s what the court looks at. If you start a business while married, it will likely be considered marital property. That said, you’re not completely without ways to cover yourself. If you started the business before you were married, it would be treated as separate property. But if you invest joint funds, commingle marital and business assets or your spouse invests sweat equity it will muddy the waters.
In many cases, you need to find a new place to live or need to buy a new car. Oregon generally views all income as marital funds, so if you use shared income on the item, it may be a divisible asset. If you use outside resources to buy it, it should remain yours.
In order to qualify for summary dissolution, you must fulfill a number of specific requirements. If you don’t meet the criteria—which include marriage length, whether or not there are children, the amount of shared property, and more—you’ll have to go the more traditional route. But if you do check off all the boxes, this often streamlines the process a great deal.
On a basic level, a writ of assistance is a written court order that instructs law enforcement, such as a sheriff or police officer, to take action to help one party obtain something specifically ordered in a previous court order. Essentially, this new order helps enforce a pre-existing order. When it comes to family law, there are a number of ways this can manifest.
With the spread of do-it-yourself divorce resources, DIY has never been more accessible. When is pro se divorce a good idea? Pro se divorce is best for straightforward cases, where it’s an amicable split with no children or property.
A civil standby grants the person affected by the restraining order a maximum of 20 minutes to collect personal effects without fear of legal action or arrest. Officers are dispatched to chaperone the person restricted by the restraining order as they collect their belongings.
It’s a double-edged sword. Presenting your case first gives you the chance to make a convincing first impression. However, by presenting first, you reveal your strategy. Your spouse and opposing counsel then have time to tailor a response.
For the most part, student loan debt acquired BEFORE marriage remains separate property. Student loan debt acquired DURING the marriage becomes a bit more problematic. Things also vary depending on the types of loans. With federal loans, for example, the name on the paperwork matters most. Private loans usually require a co-signer, which, in the case of married couples, is most often a spouse.
Depositions are sworn witness statements, taken out of court, but still under oath. The court can then use written transcripts of these statements in place of in-person testimony.
In family law, depositions are most commonly used in contentious custody disputes or complex, high-asset divorces.
As opposed to community property states, where all property acquired during marriage belongs equally to both spouses, equitable distribution views the property as belonging to the individual spouse who earned it.
Moving out during a divorce may seem like a natural choice, but has an impact on custody, the division of property, and spousal support.
Yes, you can get a divorce even if you can’t find your spouse, though there are additional steps and complications. If you demonstrate that you made a serious, good-faith effort to locate your spouse, the court allows service by alternate means. Once you exhaust all avenues, you can apply for a default judgment.
No matter the name on the title, credit card, mortgage, auto financing, or business loan, Oregon presumes both spouses acquired a debt.
Divorce can be expensive, even in low-conflict cases where the spouses agree on most issues. A contested divorce in Oregon typically costs between $7000 and $15,000. An uncontested divorce can cost less than $3000. Court costs, filing fees, and attorney charges add up quickly.
You can’t create a common-law marriage in Oregon, but it will recognize common-law marriages from other states. Oregon does, however, have Registered Domestic Partnerships, per the Oregon Family Fairness Act.
Divorce is usually a time of great upheaval. It may absolutely be the right decision, but that doesn’t mean it’s easy. In a relatively short span, your entire life changes, and it can be a frightening, uncertain experience. And not to add fuel to the fire, but here are some scary divorce facts to be aware of. 10 Scary Divorce …
Marriage isn’t always sunshine and puppy dogs. It takes a lot of work, time, effort, and struggle. And still, it doesn’t always work out. Try with all your might, sometimes you can’t make a marriage work. But when it’s time to pull the plug, you face one massive obstacle: how do you ask for a divorce? This is an uncomfortable …
In a legal sense, the law considers pets like dogs, cats, horses, and all the rest to be property, but to what extent can vary widely from judge to judge and court to court. The court may look at who acquired the pet, when was it acquired, who was the primary care giver, and other factors.
1. FAMILIARIZE YOURSELF WITH THE PROCESS: The more you know, the easier it is to work with an attorney or mediator to reach an agreement. 2. BE ORGANIZED: Having all of your paperwork and documents ready to go is essential. 3. BE HONEST: Your lawyer can’t help you if they don’t know the whole truth. 4. PICK YOUR BATTLES: Fighting takes up time, which your attorney will bill you for. 5. YOUR LAWYER IS NOT YOUR THERAPIST: Divorce lawyers are privy to intimate details about your life, and too often this leads people to unburden themselves.
Creating a divorce strategy benefits you in a number of ways. It can help you protect your assets, potentially reduce expenses, improve your chances of custody and visitation, and more. It’s vital to slow down and take the time to evaluate your situation. Determine what’s most important to you, what you need, and what you can’t live without.
The magic number for a long-term marriage is 10 years. Divorce after a long-term marriage comes with a variety of unique issues, both legal and practical. It’s important to be aware you this affects retirement funds, spousal support, living situations, family dynamics, the division of property, and more.
Oregon has no set waiting period, but the responding spouse has up to 30 days to file an appearance or response.
Laws often vary from one state to the next, and even from county to county. Where you live affects how courts divide property, decide child custody, and determine child and spousal support.
There are a lot of questions to ask in the process of ending a marriage. One is whether or not you need to hire a divorce lawyer. The more complicated your situation, the more you’re likely to benefit when you hire a divorce lawyer. While you can handle the details of your split yourself, having representation benefits you in a number of areas.
When you read about divorce, you often see “irreconcilable differences” listed as the root cause of the separation. You hear this phrase frequently because the term comes from the modern “no-fault” divorce code. What Is No Fault Divorce? It’s been in the news lately, but what exactly does no-fault divorce mean? Just like it sounds, no-fault divorce means, legally speaking, …
Key Takeaways: January is often referred to as “Divorce Month,” but that name may be somewhat misleading. The pressures of the holidays often play a role in the timing and decision to divorce. Data supports a seasonal pattern, not a single month. January is often the starting point for divorce, not the finish line. “Divorce Season” may be a more …
Ill-advised choices can harm your case in several ways. You may miss out on assets in the division of property. Mistakes can impact spousal maintenance, child support, or even custody arrangements.
The common refrain is that the divorce rate in the United States hovers around 50%. In reality, the divorce rate is lower than in past years and has been on a steady decline. An interesting exercise is to look at divorce by generation and investigate the changing views.
Standard child custody cases already have a great deal to contend with. Where the child lives; who pays child support, and how much; how often you see the kids, and for how long; and much more. When a child has a disability or special needs, you must also address the specific requirements of their situation.
Emotional readiness and practical readiness are two different things. Ending a marriage is a tricky proposition, and creating a divorce strategy ahead of time often helps people through the process.
A status quo order can serve almost as an effective, inexpensive, “light duty” custody order. In a legal setting, judges use a status quo order—also called a temporary protective order of custody and restrain. This prevents the parties from making changes until the matter is resolved.
Although Oregon is a no-fault divorce state, in some circumstances, it may affect your divorce. For example, if marital funds were used on lavish gifts, or someone forgot the kids at daycare due to an illicit afternoon tryst, you may see the adultery affect is asset division, spousal support, and child custody.
Divorce affects almost every part of your life moving forward. If you’ve been married for more than 10 years, Social Security is one of them.
For most of us, a house is the biggest purchase we ever make. It’s a huge commitment in money, time, resources, and emotions. Because it’s often the most valuable thing we own, it can become a major issue when ending a marriage. The question of whether to sell your home during a divorce often comes up, so we will dig …
Divorce has a massive impact on your life in every way. One of the most overlooked consequences is the monetary impact of dissolving your marriage. There are many common, yet easily avoidable financial mistakes people make in divorce.
