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.
A parenting evaluation is a formal assessment of the parties’ parenting skills and the determination of which parent is best suited to be the child’s primary caregiver. An impartial third party examines the facts and advises the court They review documents, interview witnesses, speak to the children, request assessments (drug, alcohol, psychiatric, etc.), and more.
The first step in enforcing your parenting plan is to file a motion seeking enforcement. The court will conduct a hearing no more than 45 days after the filing, then review the motion to determine if a violation has indeed occurred.
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.
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.
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.
In the case of unmarried parents, the mother and father sign a Voluntary Acknowledgment of Paternity. This legally declares they are the parents, and then they can add the father to the birth certificate. If there is no agreement, the state can establish paternity through the court. DNA testing is the most common and accurate method for determining a child’s biological father.
Key Takeaways: The court’s primary concern is the best interest of the children. In most cases, the authorities view keeping brothers and sisters together as in the best interests. Unless there are extenuating circumstances, such as one child legitimately posing a threat to the other, the court rarely separates siblings. If the children themselves request split custody and have a legitimate …
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.
What is the Uniform Child Custody Jurisdiction Act and how determining jurisdiction impact child custody cases?
In Oregon, child support is often one of the biggest post-divorce expenses you encounter. With that in mind, here are some answers to the most common and frequently asked child support questions we hear.
The court may appoint a guardian ad litem during a custody case, but what does that mean and what should you expect once that happens?
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.
At a basic level, the best interests of the child are precisely what the phrase suggests. Where is the safest, most stable, healthiest place for the child to live?
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.
Cases involving a parent with a mental illness are notoriously tricky. This umbrella term covers depression, anxiety, addiction, borderline personality disorder, bipolar disorder, and many other conditions.
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 …
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.
Neither parent can terminate their custodial duties and obligations and just walk away. The one exception. In Oregon, adoption is the only circumstance where a parent can sign away parental rights voluntarily.
It’s the most wonderful time of the year. No, we don’t mean Christmas, Thanksgiving, or even St. Patrick’s Day. We’re talking about football season. The NFL season just kicked off, and with it comes fantasy football. We’re all neck deep in statistics and metrics, reading articles, and keeping up to date on injuries as we prepare for our drafts. Benefits …
If your ex refuses to let your kids play sports or participate in other activities, do you have any legal recourse? You may be able to include certain activities in your parenting plan.
The best match for one person’s personality and circumstances may not be quite as perfect for another. While there’s no universal road-map to the best child custody lawyer, there are qualities to consider in your search: 1. Similar experience 2. Specialization 3. Communication 4. Availability 5. Knowledge 6. Affordability 7. Compassion
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.
Adjusting to getting the kids back to school takes time, but we’ve got some tips that may help. 1. Meet the teachers. 2. Update your contact information. 3. Get involved. 4. Talk to your kids. 5. Stick to a routine. 6. Coordinate and cooperate. 7. Split the school supplies.
Because this impacts parents and children, and there are so many moving parts, relocation after divorce can be complicated. In Oregon, while you must follow the proper procedure and jump through legal hoops.
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.
Just because you get a divorce doesn’t necessarily mean stepparents can’t maintain a relationship with the children. There are two common potential avenues: seeking visitation or custody. Visitation is frequently the most realistic way to continue a relationship with a stepchild after divorce.
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.
On a purely academic level, legal marijuana impacts child custody similarly to alcohol consumption. As you’re probably aware, however, the courts don’t always treat the two substances the same way. You may encounter a judge who’s sympathetic to your plight. But it’s entirely possible you’ll pull one with more of a hardline stance.
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 …
If there’s a right of first refusal clause in a child custody order, this essentially means if your ex is not going to be with your child, you have the first shot at being there. This provision allows the non-custodial parent to capitalize on opportunities to spend more time with the kids. It often makes up for limited visitation and manifests in a variety of ways.
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.
Third-party custody often arises when a grandparent steps into parental roles when the biological parent is absent or unable to fill them. The grandparents, or another third party, must prove they truly represent the child’s best interests.
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 parenting plan outlines the specifics of custody, visitation, holidays, and other scheduling issues. Contempt of court is relatively simple: it’s the willful and intentional disobedience of a court order. A parenting plan is a court order, and sometimes you must use legal means to get the other parent to follow it.
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.
If the police arrest one parent during a custody case, or if a parent has pending charges, several factors determine how much impact it has on the case. If the crime in question directly relates to the custody case, it has substantial bearing. However, if the police arrest your ex for an unrelated misdemeanor, the court may not consider it at all.
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.
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.
