Frequently Asked Questions (FAQ's)

Can I protect my separate property from being divided during a high asset divorce?
Yes, separate property (assets acquired before marriage or through inheritance/gifts) generally remains with its original owner during a divorce. However, commingling of separate property with marital assets may make it subject to division; thus proper documentation of these assets' ownership history is crucial for protection.
Is spousal support taxable?
As per federal tax laws since 2019, recipients no longer include alimony payments as taxable income while payers cannot deduct it from their taxes.
When might I need Oregon Unbundled Services?
Unbundled services can be beneficial if you cannot afford full representation or prefer handling some tasks independently. Examples include drafting documents, consulting on strategy, negotiating settlements, or representing you in court for specific hearings.
What types of restraining orders are available in Oregon?
In Oregon, there are three main types of restraining orders: Family Abuse Prevention Act (FAPA) orders for domestic violence victims, Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA) orders for vulnerable adults, and Sexual Abuse Protective Orders (SAPO) for survivors of non-intimate partner sexual assault.
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.
What are some benefits of choosing an uncontested divorce?
Uncontested divorces offer several advantages over contested ones: they tend to be quicker, less expensive, and more amicable since both parties have agreed on all terms beforehand. This process also provides increased privacy as fewer details are disclosed in public records.
Does a prenup protect me from my spouse's debts?
Generally speaking, yes - a properly executed prenup can protect you from your spouse's debts; however, there are exceptions where a creditor may still seek repayment from both spouses, such as jointly held debts or taxes owed.
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.
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 do I know if unbundling is right for my case?
Consider unbundling when you feel confident handling some aspects but need guidance on complex issues or procedures. Discuss your case with an attorney experienced in offering unbundled services to determine its suitability and set clear expectations.
How much do Oregon Unbundled Services cost?
Costs vary depending on the scope of services needed and attorneys' rates but are typically lower than traditional full-service representation. You only pay for the specific tasks the attorney performs rather than a retainer covering all aspects of your case.
Can I modify my spousal support agreement without going to court?
If both parties agree to the modification and meet all requirements, they may submit their revised agreement for approval by the court without attending a hearing.

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!

Preventing Child Relocation In Oregon: What Non-Custodial Parents Need To Know

Explore the legal avenues available to non-custodial parents in Oregon who wish to prevent their ex-spouse from relocating with their child. Understand the criteria courts consider when evaluating relocation requests and how temporary restraining orders can be utilized.

Read More

Avoiding Common Pitfalls In Oregon Divorce: Expert Insights

Navigating a divorce in Oregon requires understanding common pitfalls that can complicate proceedings. This article outlines key mistakes to avoid for a smoother process.

Read More
Understanding Temporary Support During an Oregon Divorce | Best Oregon Family Law and Divorce Attorneys

Understanding Temporary Support During An Oregon Divorce

This article explains the process of obtaining temporary support during a pending divorce in Oregon, highlighting legal procedures and considerations.

Read More
Understanding Oregon Writs of Assistance in Family Law | Top-Rated Oregon Family Law and Divorce Lawyers

Understanding Oregon Writs Of Assistance In Family Law

A Writ of Assistance is a powerful court order used in Oregon family law to enforce judgments, often involving the retrieval of personal property or ensuring compliance with custody orders. This article explores its applications and the legal framework supporting it.

Read More

Addressing Common Divorce Fears In Oregon: A Guide For Navigating Emotional And Financial Challenges

Divorce often brings emotional and financial uncertainties. Understanding common fears such as impact on children, loss of relationships, and financial challenges can help manage these concerns effectively.

Read More
Understanding Writs of Assistance in Oregon Child Custody Cases | Best-Rated Oregon Family Law and Divorce Attorneys

Understanding Writs Of Assistance In Oregon Child Custody Cases

A writ of assistance is a legal tool used to enforce child custody orders in Oregon. This article explores its purpose, process, and limitations.

Read More

Essential Self-Care Strategies During Divorce In Oregon

Divorce is a challenging process that requires careful decision-making. Prioritizing self-care can support better outcomes for you and your family.

Read More

Practice Areas

Learn more about the types of injuries our Attorneys 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.

Schedule A Consultation

We are happy to meet with you for a flat-fee, discounted consultation. Call today.

Call Now to Schedule A Consultation
Schedule Online Now
Call the top Oregon family law and divorce attorneys today.