Frequently Asked Questions (FAQ's)

What is the process for divorce mediation in Oregon?
Divorce mediation involves a neutral third-party mediator who helps spouses negotiate and reach agreements on issues such as property division, child custody, and support payments. This voluntary process can save time, money, and emotional stress compared to litigation.
Do I need an attorney for my Oregon divorce?
While it is not required to have an attorney during your divorce process in Oregon, having legal representation can be beneficial as they will ensure your best interests are protected and guide you through complex legal processes involved in matters like property division, child custody arrangements, and spousal support.
How are assets divided in an Oregon high asset divorce?
Oregon is an equitable distribution state. This means that marital assets are divided fairly and equitably between the divorcing parties, taking into consideration factors like each spouse's earning capacity and contributions to the marriage. This does not necessarily mean a 50/50 split; rather it depends on what the court deems fair under the circumstances.
How do I create a Divorce Settlement Agreement in Oregon?
To create a Divorce Settlement Agreement in Oregon, you and your spouse should discuss and agree on all relevant issues. You may use mediation or collaborative law to come to an agreement. Once agreed upon, it should be written down and signed by both parties.
What is an Oregon Divorce Settlement Agreement?
An Oregon Divorce Settlement Agreement is a legally binding contract between spouses detailing the terms of their divorce, such as division of assets, child custody, and spousal support. It must be agreed upon by both parties and approved by the court.
What is Oregon mediation in the context of family law?
Oregon mediation is a cooperative, problem-solving process in which a neutral third-party mediator helps divorcing or separating couples reach mutually satisfying agreements on issues such as child custody, parenting time, spousal support, and property division. Mediation allows parties to maintain control over their own decisions and outcomes rather than having them imposed by the court.
Do we need to hire an attorney for an Oregon legal marital separation?
While it is not legally required to have an attorney for an Oregon legal marital separation, hiring one can greatly benefit both parties. An experienced family law attorney can help negotiate fair terms and ensure compliance with all necessary procedures and requirements.
What are the main components of an Oregon Divorce Settlement Agreement?
An Oregon Divorce Settlement Agreement includes provisions on division of assets and debts, spousal support, child custody and parenting time, and child support. Both parties must agree on the terms before submitting the agreement to the court for approval.
Is mediation mandatory for divorcing couples in Oregon?
Yes, in most cases. Oregon courts require that parties attempt to resolve their disputes through mediation before proceeding with litigation in contested divorce cases involving child custody or parenting time issues. However, if there are issues of domestic violence or other safety concerns, the requirement may be waived.
How does having a prenuptial or postnuptial agreement affect a high asset divorce?
A prenuptial or postnuptial agreement can greatly impact how assets are divided in a high asset divorce by predetermining how specific properties and financial interests will be allocated upon separation. These agreements can simplify property division issues during the divorce process if validly created and enforceable under Oregon law.
What happens if we don't have a prenup and decide to divorce?
Without a prenup, Oregon's default divorce laws apply. Oregon is an 'equitable distribution' state, meaning marital property is divided fairly but not necessarily equally, based on factors like the length of the marriage and each spouse's contributions.
How are assets divided during an Oregon divorce?
Oregon follows an equitable distribution model when dividing assets during a divorce; this means property will be divided fairly but not necessarily equally between spouses. Courts consider factors like income potential, contribution to acquisition or preservation of assets, length of marriage, and tax consequences when determining how to divide property.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregon family law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law and divorce Attorneys encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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Practice Areas

Learn more about the family law matters our Lawyers help with.

Divorce

From dividing assets and debts, to support and child custody, we have you covered.

Oregon Family Law

Family law is more than divorce. It is an umbrella of practice areas.

Spousal Support (Alimony)

A lot goes into figuring out spousal support. We've done it all before.

Child Relocation

Moving a child away from a parent is always difficult. Let us help with the law.

Child Custody

Custody is one of the most contested and least-understood parts of family law.

Uncontested Divorce

Sometimes there's no dispute, you just need somebody to draft the right documents.

Child Support

Oregon takes child support seriously, and we can help you navigate the process.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support Modification

Learn about when Oregon child support can be modified.

Unbundled Services

When there's only select things you need legal help with, we offer "unbundled" services.

Grandparent Rights

Grandparents and other third parties can develop rights to see children under Oregon law. Let's discuss your circumstances.

High Asset Divorce

More assets generally means more complicated divorces. We have the experience to assist with all levels of estate.

Legal Marital Separation

Sometimes divorce is not the right choice under certain circumstances. A legal separation might be.

Mediation

Mediation can be a great way to resolve disputes without a trial or courts.

Paternity

Becoming legally responsible as a father requires establishing paternity. We can help.

Prenuptial Agreements

Like estate planning, financial clairity prior to marriage builds trust. Let us assist with your plan.

Restraining Orders

Restraining orders provide a fast means to get help for domestic violence in families.

Spousal Support Modification

Times change, jobs change, circumstances change. Spousal support can too.

Stalking Orders

Oregon stalking orders are serious business. If you need help with Oregon stalking law, we have experience.

Divorce Settlement Agreements

Sometimes the best outcome is the one you design yourself. We can help your create a binding agreement.

Schedule A Consultation

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