Divorce For Men
Frequently Asked Questions
How Does Property Division Work In Oregon?
Oregon follows the equitable distribution model when it comes to the division of property.
In general, if it's earned or acquired during a marriage, the court considers it marital property that belongs equally to both spouses. It is then available to divide in a fair, equitable way.
There is also separate property that belongs to one spouse or the other. This includes assets owned before marriage and things like gifts or inheritances.
How Long Does It Take To Get Divorced in Oregon?
Unlike other states, there is no minimum waiting period to finalize a divorce in Oregon. That said, it takes time to file the paperwork, come to a settlement, and more.
Should You Hire A Divorce Lawyer?
While you can legally represent yourself, it’s generally in your best interests to have an attorney on your side during a divorce.
How Much Does Divorce Cost?
On average, a divorce costs between $11,000-$15,000. However, this number varies a great deal depending on how simple or complex your case becomes.
What's The Difference Between Legal Separation and Divorce?
The most significant difference is that divorce ends a marriage while it remains legally intact with a separation. There is, of course, much more nuance involved.
How Does Moving Out of Your Home Too Soon Affect Your Divorce?
Moving out of a shared home during a divorce can impact custody claims, spousal support, and multiple other areas.
How Does Divorce Mediation Work?
An alternative to trial, in mediation, both sides work together with a neutral third party to reach a divorce settlement that works best for everyone.
How Is Child Custody Decided In Oregon?
When deciding on custody, the court considers many factors.
When deciding on custody, the court considers many factors.
They account for the child’s relationship with each parent, as well as with any other siblings.
Location, safety, physical environment, parenting ability, and any other applicable factors also play significant roles.
What is The Best Interest of The Child?
When the court talks about the “best interests” of the child they mean just that. Where will they be safest, healthiest, and most cared for?
How Is Paternity Established In Oregon?
If the parents are married, the law presumes the husband is the father. If unmarried, they sign a paternity acknowledgment. The court may also have to determine paternity through a DNA test.
Can You get A Child Custody Modification?
The short answer is yes. However, it is often a long, costly uphill battle to alter an existing custody agreement.
How Do You Find The Best Custody Lawyer?
In reality, this is more about finding the best fit for you and the specifics of your case. The ideal match for one person may not necessarily fit with another.
What If Your Ex Won't Follow The Parenting Plan?
Just as it sounds, a parenting evaluation is a formal assessment of parenting skills and relationships of the parents aimed at determining which is best suited to be the primary caregiver.
What Is A Parenting Evaluation?
A parenting evaluation is a formal investigation to assess the parenting skills of the parties involved and to determine which parent is best suited to be the primary caregiver for the child.
What Is Child Support?
Oregon generally awards child support to the custodial parent.
Wide-ranging, child support in Oregon covers any factors that contribute to a child’s care.
These payments entail all the basic necessities.
This includes a safe, secure place to live, food, medical expenses, child care, educational needs, clothing and anything the plays a part in raising a child.
How Do Courts Determine Payment Amounts?
When determining child support, Oregon follows a formula that factors in, among other things, income, custody, ability to pay, and other factors.
Can You Modify Child Support Payment Amounts?
Yes. There are various reasons the court may grant a child support modification. However, like many other court orders, once in place, it is usually difficult to make changes.
How Long Do Child Support Payments Last?
In general, support lasts until the child turns 18 or graduates high school, whichever comes later. There are, however, multiple situations where it continues longer.
Can You Calculate Your Own Payment Amounts?
Child support follows a fairly rigid formula, so you can plug in the numbers and get a presumptive amount. This isn’t official, but you can get a good idea of what you may pay or receive.
What is 'Child Attending School'?
In Oregon, post-secondary support for a ‘child attending school’ includes four-year universities, community colleges, vocational schools, and other educational endeavors.
Who's Entitled To Child Support?
Oregon, like most states, generally awards child support to the primary custodial parent. This is the parent with the most overnight stays and who provides for the basic care of the child.
What Are A Father's Rights?
As a father, you have the right to:
Be a part of your child’s life on a regular basis and in a meaningful way.
Pursue primary custody.
Petition for child support if awarded custody.
If not awarded custody, you have the right to regular, reasonable visitation free from interference by the other parent.
Do Unmarried Father's Have Same Rights As Married Ones?
From a legal standpoint, fathers have the same rights regardless of if the parents ever married.
How Are Restraining Orders Used In Family Law?
Restraining orders can be used to protect assets during the divorce process as well as protect individuals from potentially harmful situations.
What Do You Do If Your Ex Violates Your Parenting Plan?
Because a parenting plan is an official court order, the terms are legally enforceable through various means.
What Is The Uniform Child Custody Jurisdiction Act?
The UCCJA was created to protect the best interests of a child in custody disputes. Among other things, it lays out the process for determining jurisdiction in these cases.
Can My Ex Move My Child Out Of State?
In order to relocate out of state with your child, the custodial parent must follow the proper legal procedure. This varies from state to state. Oregon has different regulations than Washington or California, for example.
Can Criminal Charges Affect Child Custody Claims?
Criminal charges can affect custody cases, though the nature of the charges, as well as numerous other factors, determine how much impact they have.
What Are The Two Types of Divorce In Oregon?
In Oregon, there are two ways to end a marriage: Standard divorce and summary dissolution.
Standard divorce is what you probably expect from the process. Two sides go back and forth to negotiate a deal. Maybe they wind up at trial.
In certain cases, summary dissolution presents an alternative.
This is only an option in shorter marriages with no children and little or no shared property where neither party claims spousal support.
Is A Business Divisible Asset?
Yes, in most cases a business is an asset, one that can be divided in a divorce. However, it’s much more complex than that in practice.
How Does Student Debt Affect Divorce?
When student loans were taken out and what state you live in helps determine how much student loan debt plays into the divorce process.
What Is A Summary Dissolution?
In relatively simple cases, summary dissolution presents a simplified, streamlined way to end a marriage.
How Do You Create A Divorce Strategy?
How you approach your divorce depends on many factors: length of the marriage, children, employment status, and more. It’s likely in your best interest to consult a divorce attorney.
What Is Pro Se Divorce?
The term pro se comes from Latin and means “for oneself.” In a legal sense, including divorce, it means representing yourself.
Does Oregon Have Common Law Marriage?
No, Oregon does not have common-law marriage. As is so often the case, the situation is not always as black-and-white as it seems on the surface.