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.
Ending a marriage sounds harrowing and dramatic. It can get complicated. We often field questions from people asking how to divorce in Oregon.
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.
Also called alimony or spousal maintenance, spousal support is court-ordered payments that are intended to help a dependent spouse get back on their feet or ease financial hardship. There are three types of spousal Support in Oregon. Transitional, compensatory, and maintenance.
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.
Moving out during a divorce may seem like a natural choice, but has an impact on custody, the division of property, and spousal support.
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.
A parenting plan is a court-approved document that establishes: where the child will live; how much residential time each parent gets; how major decisions will be made; and how holidays, vacations, and other special events will be handled.
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.
Oregon has no set waiting period, but the responding spouse has up to 30 days to file an appearance or response.
In child custody, many think fathers and mothers have different rights. They don’t. Here’s what you need to know about fathers’ rights.
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.
