Frequently Asked Questions (FAQ's)

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.
How is property divided in an Oregon divorce?
Oregon follows an 'equitable distribution' model, which means marital assets are divided fairly but not necessarily equally between spouses. Factors such as each spouse's contribution to the marriage and earning potential will be considered.
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.
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 do business interests factor into an Oregon high asset divorce?
In an Oregon high asset divorce involving business interests, professionals will often be enlisted to accurately value the business so it can be fairly distributed as part of marital property. If spouses co-own businesses together or if one spouse contributed significantly to its growth during marriage, more intricate evaluations may be required for equitable division.
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.
Can we divide our property during a legal marital separation?
Yes, you can divide your property during an Oregon legal marital separation by negotiating terms that outline how assets will be divided between both parties. Once agreed upon by both spouses, this arrangement should be submitted to the court for approval as part of your final judgment.
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.
How is child custody determined in Oregon?
Child custody decisions are based on the statutory requirements listed at ORS 107.137. These requirements include the best interests of the child, considering factors like emotional bonds with parents and siblings, abuse by one parent, stability of home environment, and each parent's ability to meet the child's needs.
How is spousal support determined in Oregon?
In Oregon, the court determines spousal support based on factors such as the duration of the marriage, each spouse's income and earning capacity, contributions to homemaking or education during marriage, and age and health of both parties.
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.
Will I receive or have to pay spousal support during our legal separation?
Spousal support may be awarded during an Oregon legal marital separation if one spouse requests it and proves financial need. The amount and duration depend on factors such as length of marriage, earning capacity of each spouse, standard of living established during the marriage, and each party's contributions to their joint assets.

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!

Navigating Child Custody and Pet Ownership in Oregon Divorces | Best Oregon Family Law and Divorce Attorneys

Navigating Child Custody And Pet Ownership In Oregon Divorces

Oregon divorces present unique challenges when determining custody of children and pets. This article explores how the law differentiates between the two and offers guidance on navigating these issues.

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Child Support Modification

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