Frequently Asked Questions (FAQ's)

What happens if we cannot agree on certain issues during mediation?
If you cannot come to an agreement on all matters during your Oregon Mediation session(s), you still have the option to resolve those outstanding issues through litigation in court. Mediation can still be beneficial by resolving some issues and reducing the scope of conflict for trial.
What is the purpose of a prenuptial agreement in Oregon?
A prenuptial agreement, also known as a 'prenup,' is a legal contract that outlines how assets and debts will be divided in case of divorce or death. Couples enter into these agreements to protect their individual financial interests and clarify expectations for their marriage.
Can we modify our existing prenuptial agreement after getting married?
Yes, you can modify your existing prenup after marriage through a post-nuptial agreement if both parties agree to changes; however, it should still meet all requirements outlined above for enforceability in court.
Can I include child custody arrangements in my Oregon prenuptial agreement?
No, child custody arrangements cannot be included in an Oregon prenuptial agreement because they are determined by the best interests of the child at the time of divorce or separation. Prenups typically address financial matters only.
How do I create an enforceable prenuptial agreement in Oregon?
To create an enforceable prenup, both parties should have separate legal representation to ensure fairness and understanding of terms. The agreement must be written, signed by both parties willingly with full disclosure of financial information, and notarized for validation purposes.
Can I waive my right to spousal support in an Oregon prenuptial agreement?
Yes, you can waive your right to spousal support; however, the court may still award it if they find that enforcing the waiver would result in substantial injustice or be unconscionable due to unforeseen circumstances at the time of divorce.
Can I have my attorney present during mediation?
Yes, you may have your attorney present during mediation sessions in Oregon. The role of an attorney during mediation is primarily advisory, providing legal guidance and support to their client throughout the process.
Can I get an Oregon Stalking Order against someone I was previously married to?
Yes, you can obtain an Oregon Stalking Order against someone you were previously married to if they are engaging in stalking behavior towards you. This may include harassment, following you without consent, or making unwanted contact after divorce proceedings have concluded.
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.
Are Oregon stalking protective orders enforceable in other states?
Yes, Oregon stalking protective orders are enforceable in other states under the federal Violence Against Women Act. If you move or temporarily relocate to another state, inform local law enforcement about your protective order to ensure it is properly enforced and to maintain your protection should you move out of Oregon.
Are prenuptial agreements legally enforceable in Oregon?
Yes, prenuptial agreements are legally enforceable in Oregon if they meet certain requirements. Both parties must fully disclose their assets and liabilities, the agreement must be entered voluntarily without coercion or fraud, and it should not be unconscionable or heavily favor one party over the other.
Can spousal support be modified?
Spousal support can generally be modified if there's a substantial change in circumstances since the original order was established; however, it may depend on specific language in your divorce decree.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregonfamily 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 Oregonfamily 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 types of injuries 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.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support

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

Uncontested Divorce

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

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.

Spousal Support Modification

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

Restraining Orders

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

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.

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