Frequently Asked Questions (FAQ's)

What forms do I need for an Oregon uncontested divorce?
To initiate an uncontested divorce in Oregon, you will need to file a Petition for Dissolution of Marriage with the appropriate court, as well as other required documents such as financial disclosures and parenting plans if there are children involved. Specific forms may vary by county, so check with your local court clerk for guidance.
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 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.
What is considered a high asset divorce in Oregon?
A high asset divorce in Oregon typically involves substantial financial interests, including complex property division, multiple real estate properties, business ownership interests, extensive investment portfolios, retirement accounts, and other valuable assets that require expert valuation and equitable distribution between the parties.
How are retirement accounts handled in an Oregon high asset divorce?
Retirement accounts, such as pensions and 401(k)s, are treated as marital property and subject to equitable distribution during an Oregon high asset divorce. The court may use a Qualified Domestic Relations Order (QDRO) to allocate portions of retirement benefits between the parties upon the account holder's retirement or withdrawal.
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.
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.
What is the process for filing a divorce in Oregon?
To file for divorce in Oregon, one spouse must be a resident of the state for at least six months prior to filing. The process begins by filing a petition for dissolution of marriage with the county court where either spouse lives. The other spouse is then served with the papers and has 30 days to respond. If both parties agree on all matters, they can submit a stipulated judgment to finalize the divorce.
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.
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.
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.
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.

Oregon Personal Family Law and Divorce Law Blog

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Divorce

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

Oregon Family Law

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Spousal Support (Alimony)

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Child Relocation

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Child Custody

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

Uncontested Divorce

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Child Support

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Child Custody Modification

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Child Support Modification

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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.

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

Mediation

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Prenuptial Agreements

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

Restraining Orders

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Spousal Support Modification

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

Stalking Orders

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Divorce Settlement Agreements

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