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.
Violation Of Parenting Plans: Motion For Contempt
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.
How To File For Divorce In Oregon
Ending a marriage sounds harrowing and dramatic. It can get complicated. We often field questions from people asking how to divorce in Oregon.
Common Divorce Mediation Questions and Answers
Mediation is more and more common in divorce. We try to answer a number of common mediation questions we regularly hear.
How Is A Business Divided In A Divorce?
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.
Can You Make a Major Purchase During Divorce?
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.
Do You Qualify For A Summary Dissolution?
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.
Writ Of Assistance, Divorce, And Child Custody in Oregon
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.
Pro Se Divorce: When Is DIY The Best Option?
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.
How Does Spousal Support Work In Oregon?
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.
What is a Civil Standby in Oregon?
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.
Establishing Paternity in Oregon: What You Need To Know
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.
Split Custody: Will Courts Separate Siblings?
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 …
Should You File For Divorce First?
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.
How Is Student Loan Debt Divided In Divorce?
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.
What Is A Divorce Deposition?
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.
Equitable Distribution of Property During Divorce
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.
Ways Moving Out Can Affect The Outcome Of Your Divorce
Moving out during a divorce may seem like a natural choice, but has an impact on custody, the division of property, and spousal support.
How is Jurisdiction Determined in Custody Disputes?
What is the Uniform Child Custody Jurisdiction Act and how determining jurisdiction impact child custody cases?
Common Child Support Questions Answered
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.
What Happens After The Court Appoints A Guardian Ad Litem
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?
Can You Get a Divorce If You Can’t Find Your Spouse?
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.
Oregon Custody: The Best Interest Of The Child
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?
How is Debt Divided In Divorce In Oregon?
No matter the name on the title, credit card, mortgage, auto financing, or business loan, Oregon presumes both spouses acquired a debt.
How Much Does A Divorce Cost In Oregon?
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.
Child Custody If A Parent Has a Mental Illness
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.
Does Oregon Practice Common-Law Marriage?
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.
10 Truly Scary Divorce Facts
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 …
How Do You Ask For A 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 …
5 Things Kids Can Learn From Fantasy Sports
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 …
Can Your Ex Stop Your Kids From Playing Sports?
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.
How Do You Find the Best Child Custody Lawyer?
How do you find the best child custody lawyer? This is a big question. Few things get us as riled up as our kids. That’s a big reason why custody cases so often become intense and antagonistic. We want to fight for what’s best for our children. To ensure this, it usually benefits you to enlist the help of an …
Back To School Tips For Divorced Dads
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.
Can A Custodial Parent Relocate After Divorce?
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.
How Can You Save Money on Your Divorce?
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.
Divorce Tips and Strategies
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.
Do Stepparents’ Have Rights in Oregon?
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.
Do Long-Term Marriages Complicate the Divorce Process?
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.
How Long Does Divorce Take In Oregon?
Oregon has no set waiting period, but the responding spouse has up to 30 days to file an appearance or response.
Jurisdiction: Does Where You File For Divorce Impact Your Case?
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.
When Should You Hire a Divorce Attorney?
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.
Does Legal Marijuana Impact Child Custody?
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.
No-Fault Divorce in Oregon: What are Grounds for Divorce?
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, …
Is January Really Divorce Month?
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 …