Kennewick, WA asked in Family Law for Oregon

Q: wha legal rights do i have to info about myhusbands income, health insurance, retirement. \

married for 15 years.. i stayed home ran a dacare and raised my kids whilehe was gone constantly working out of town. now he kicked me out and gave me nothing. no money, no vehicle no place to go and he put a restraining order on me so i cant see my kids

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: Once you file something in the court - like a Petition for Divorce or legal separation, you will have an absolute right to demand copies of all financial documents involved in your marriage - even for things that are in his name only. The court house clerk will give you a copy of the mandatory discovery notice when you file and you include that in the papers you serve on your husband. Filing for divorce will also cause an immediate restraining order to go into effect such that your husband can't hide or dissipate assets while the divorce is pending although there are limited exceptions allowing him to liquidate assets to pay for living expenses and legal fees. Depending on how your husband's retirement is set up, ERISA laws will prevent him from removing you as a beneficiary without your written consent (unless you aren't currently listed or his job is unaware that he is married.) I highly recommend that you consult with an attorney first, even if your funds are limited, and at least get an over view of what you should be doing. There are forms at the courthouse or on line you can and should review now, but don't plunge ahead and start filing until you have at least one consultation with an attorney. There is a way to contest the restraining order and either contest it in it's entirety or just ask for a modification that will allow you visitation with your children. Alternatively, you can seek parenting time through the divorce process and that will override the restraining order once the Judge makes a ruling.

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