Understanding Divorce: Separating Fact from Fiction
Divorce is a complex and emotionally charged process, often clouded by misconceptions that can mislead those involved. As experienced Oregon family law attorneys, we aim to dispel these myths and provide clarity based on current legal standards.
Myth 1: Separate Bank Accounts Protect Your Assets
*The Truth: * In Oregon, all assets acquired during the marriage are typically considered marital property, regardless of whose name is on the account. The key factor is whether the funds were commingled or used for marital purposes. It's crucial to consult with a divorce lawyer to understand asset division specifics.
Myth 2: Pre-Marriage Property Is Safe From Division
*The Truth: * While property owned prior to marriage may initially be separate, its status can change if it was used for joint purposes or its value increased due to marital contributions. The name on the deed alone does not determine ownership.
Myth 3: Inheritances Are Untouchable
*The Truth: * An inheritance remains separate unless it's commingled with marital assets. How you manage your inheritance impacts its classification during divorce proceedings.
Myth 4: Courts Favor Mothers in Custody Disputes
*The Truth: * Oregon courts prioritize the child's best interests over parental gender when determining child custody. Joint custody arrangements are encouraged where possible.
Myth 5: Child Support Non-Payment Affects Parenting Time Rights
*The Truth: * Parenting time should not be withheld due to non-payment of child support. Such actions could lead to court sanctions against the withholding parent and modifications of existing orders.
Myth 6: Only Women Receive Spousal Support (Alimony)
*The Truth: * Spousal support is determined by need and income disparity, not gender. Either spouse may be eligible depending on financial circumstances post-divorce as outlined in ORS § 107.105 (1)(d).
Myth 7: Assets Are Divided Equally (50/50)
*The Truth: * " Equitable distribution " means fair rather than equal division of assets, considering factors like each spouse's economic circumstances and contributions during marriage.
Myth 8: Court Proceedings Are Mandatory for Divorce Finalization
*The Truth: * Although a court must finalize divorces in Oregon, many are resolved through negotiation or mediation, avoiding trial altogether unless an agreement cannot be reached.
Myth 9: Adultery Leads to Losing Everything
*The Truth: * As a no-fault state under ORS § 107.025 (1), adultery does not impact asset division unless it directly affects financial matters or parenting abilities.
Myth 10: Filing First Guarantees Victory
*The Truth: * Rushing to file without preparation can backfire; strategic planning with legal counsel ensures better outcomes than merely filing first.
Myth 11: Divorce Requires Mutual Consent
*The Truth: * Unilateral divorce filing is possible; if one party fails to respond after being served properly, default judgment may proceed under ORCP Rule 69B (1). For anyone navigating these waters, consulting an experienced attorney at Pacific Family Law Firm ensures you have accurate information tailored to your situation. Contact us today for guidance through this challenging time.
