How Does Property Division Work In Oregon?

Oregon follows the equitable distribution model when dividing property in a divorce. In general, if it was earned or acquired during a marriage, the law views it as belonging equally to both spouses. This doesn’t necessarily mean everything is split 50/50, but it is available to be divided in a fair, equitable way. Equitable Distribution

How does mediation work?

Mediation is a form of alternative dispute resolution. An alternative to trial, both sides work together with a neutral third party to reach a settlement that works best for all parties involved. Common Mediation Questions

What is Pro Se Divorce? Do you need a lawyer?

You can legally represent yourself in a divorce. Still, it’s generally in your best interest to have an experienced divorce attorney in your corner, especially if the opposing party has representation. When Is DIY The Best Option?

How is Paternity Established in Oregon?

If the parents are married, the law presumes the husband is the father, unless otherwise specified. If the parents are unmarried, they can sign a paternity acknowledgment. The court may also determine paternity through a DNA test.

How Does Student Loan Debt Affect Divorce?

Generally, student loan debt remains with the individual who initially borrowed the money. Some factors can change that in certain situations. Students Loans and Divorce

Can You Make a Major Purchase During Divorce?

Using shared funds usually results in that item being treated as marital property. On the other hand, if you use outside resources to make a purchase, it may fall under the separate property umbrella. Financing Major Purchase

What is Child Support?

Child support is payments awarded to the custodial parents to cover the costs of the basic necessities of raising a child. This includes a safe, secure place to live, food, medical expenses, education, clothing, and any other needs. Common Child Support Questions

How Do Courts Determine Child Support Payments?

In Oregon, child support initially follows a consistent, uniform formula. It takes a number of factors into account, but the equation stays the same from case to case. When determining child support in Oregon, the courts look at your gross income. As opposed to your take-home pay, this number is what you earn before removing any deductions. About Child Support

When Do Child Support Payments Continue After The Child Turns 18?

Child support can continue past 18 in cases that require continuing care or post-secondary education. This includes four-year universities, community colleges, vocational schools, and other educational activities. Learn About: Child Attending School

Can You Modify Child Support Payments?

Yes. There are multiple reasons the court may grant a child support modification. This most often involves a significant change in finances, like the loss of a job. However, as with most court orders, it’s often difficult to alter once in place. Child Support Modification

How Long Do Child Support Payments Last?

Child support payments generally last until the child turns 18 or graduates from high school, whichever happens later. There are situations where it continues longer. Post-Secondary Child Support

How is Custody Decided in Oregon?

The court considers many factors when deciding on custody. This can include the child’s relationship with each parent and any siblings, location, safety, physical environment, and anything else they deem relevant. Ultimately, the safety, well-being, and best interests of the child carry the most weight. Learn About: Child Custody

Can You Modify Child Custody?

The short answer is: Yes, it is possible. However, altering an existing custody plan is often a long, costly uphill battle. Child Custody Modifications

How Do You Find the Best Custody Lawyer?

When looking for a custody attorney, it’s more about finding the best fit for you and the specific needs of your case. Child Custody Modifications

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 payments if awarded custody. If not awarded custody, you have the right to regular visitation free from interference by the other parent. Do Married and Unmarried Fathers Have the Same Rights? Legally speaking, fathers have the same custody rights regardless of whether they were married or not. What Are Fathers' Rights?

What is a Parenting Evaluation?

A parenting evaluation is a formal assessment of the parents, their parenting skills, and the relationships between the parents and children. The goal is to determine which parent is best suited to be the primary caregiver. Parenting Evaluations

What is the Uniform Child Custody Jurisdiction Act?

The UCCJA was created to protect children in custody disputes. Among other things, it establishes the process for determining jurisdiction in these cases. What is the UCCJA?

What if Your Ex Won’t Follow the Parenting Plan?

If your ex refuses to follow the parenting plan, you may have to take legal action. Violation Of Parenting Plans

Can My Ex Move My Child Out of State?

To relocate out of state with your child, the custodial parent must follow the proper legal procedures, which vary significantly from state to state. In these situations, there are legal protections for the non-custodial parent. Parental Relocation

Can Criminal Charges Affect Child Custody Claims?

Criminal charges can affect custody cases, though the nature of the charges and other factors determine the impact. Criminal Charges and Custody

How are Divorce and Summary Dissolution Different?

A standard divorce is probably what you expect from the process. Two sides go back and forth to negotiate a settlement, maybe even going to trial. In some cases, summary dissolution offers an alternative. Summary dissolution is only an option in shorter marriages with little or no shared property and where neither party claims support. Summary Dissolution Vs Divorce

How Do You Create a Divorce Strategy?

How you prepare for your divorce depends on many factors. The length of the marriage, children, employment status, and more all play a role in the planning. Crafting a Strategy

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. A Look At DIY Divorce

Does Moving Out of Your Home Affect Your Divorce?

Moving out of a shared home during a divorce can impact custody cases, spousal support, and multiple other areas in often unexpected ways. Moving Out Too Soon

Divorce FAQs

Divorce and Family Law

Frequently Asked Questions

These answers should in no way be construed as legal advice. For more in-depth and personalized information, give us a call at 1 (800) DIVORCE or fill out a free case review online. Our managing attorney Colin Amos, will look at the details, assess your situation and give you your options over the phone free of charge.

Divorce Process

Unlike most states, Oregon has no waiting period to finalize a divorce. Still, filing the forms, working out a settlement, and more all take time. The more you must deal with, the longer you should expect it to take.

Factors that affect the time it takes to divorce

It can in some instances, but not always. But no two divorces are ever identical, and in certain cases, it damages your cause. Each case has its own set of circumstances.

Advantages to Filing First

Finances

A typical divorce costs between $7,000 and $15,000. However, the actual amount varies substantially depending on the complexity of the case.

A look at the cost breakdown of Divorce

A typical divorce costs between $7,000 and $15,000. However, the actual amount varies substantially depending on the complexity of the case.

Debt Division in Oregon

In most cases, a business is an asset that can be divided in a divorce. However, it is often a complicated process.

Valuation, Division, and Allocation

How are Restraining Orders Used in Family Law?

Restraining orders can be used to protect assets during a divorce, as well as to protect individuals from potentially harmful situations.

Learn More

Child Support

Child support follows a strict formula, so you can plug the numbers into an online calculator and get a rough amount. This isn’t official, but it can give you an idea of what you may pay or receive.

Calculate Your Own Responsibility

Oregon typically awards child support to the primary parent, the one with the most overnight stays and who provides the regular care for the child.

Child Custody

When the court talks about the best interests of a child, they mean just that. Where will they be safest, healthiest, and most cared for?

Learn About: Best Interests Of The Child

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 payments if awarded custody.
If not awarded custody, you have the right to regular visitation free from interference by the other parent.

Do Married and Unmarried Fathers Have the Same Rights?

Legally speaking, fathers have the same custody rights regardless of whether they were married or not.

What Are Fathers' Rights?

Miscellaneous Questions

There are potential advantages and disadvantages to filing for divorce first, depending on the circumstances. Having a strategy in place is usually more important than being first out of the gate.

Are there Advantages to Filing First?

Contact Us Today

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