We got the separate accounts and I earned the money from my job after we separated. Is she entitled to the money I earned after we separated? We're still currently married but living in different homes.
Under Oregon Law a court can consider all property held by either or both spouses at the time the court is asked to adjudicate the divorce. Unless you had a judgment of legal separation previously rendered by a court, your voluntary separation does not divide your property such that the court...Read more »
You are divorced. Once you are divorced the property division is FINAL. You can't change it now. I am assuming you got divorced first, fire second. But seriously, you can buy a gun or two much cheaper that pay an Attorney to fight over this. Just go buy your guns and be done with it. As...Read more »
If your comments are based on the allegations in the Petition you should understand that what the Petition says isn't what the Judge is necessarily going to do. You need to get a consultation with an experienced family law Attorney and find out what courts typically do in situations with the same...Read more »
Medicaid as well as numerous other benefits for the disabled. I don’t qualify because i make $80/mo too much from SSDI. I gross about $2k more than she does. Her benefits equal to more than $2k/mo. The judge ordered me to pay $400/mo for life to her in alimony. It was referred to the Justice... Read more »
I suggest that you go and talk to an elder law Attorney and see if you now qualify for Medicaid. It is possible that the alimony award of $400 has now reduced your income so that you now qualify. You can also set up what is known as a Miller trust that takes the amount of money you are over every...Read more »
He is part of a shelter for domestic abuse. His caseworker there apparently told him that adultery can be used against him in court during his custody battle. Is this a legitimate thing? Because I myself have read that adultery cannot be used against him unless it directly affects a decision that... Read more »
Adultery has no place in modern law. Adults can have sex with other consenting Adults in private and it is not relevant unless it is somehow detracting from the children getting proper care. But the fact that adults have relationships with other Adults to whom they are not married, alone, is not...Read more »
You can file for a divorce in Oregon if all you want is to be declared divorced. You may need to pay for the assistance of an Attorney to figure out how to serve your husband. An Oregon Judge can order a method of substituted services based on your affidavit of your best ideas to notify your...Read more »
I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... Read more »
This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I...Read more »
Been married 2 year's and he still lives as if he is single and not really cheating in person, but living double life with child mother in country he came from. I understand that I responsible for him but I have found out he has found ways to make money and send it back to take care of them and I... Read more »
Any family law attorney can process your divorce. His immigration status can't prevent you from divorcing him. The issue you really need to deal with is whether the immigration forms you signed to aid this person in applying for US citizenship will still make you liable for their support. I had...Read more »
You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't contain...Read more »
Technically you can evict your husband from your home or another residence. Be sure to follow landlord tenant rules so you do it properly. However be warned, your husband could turn around and file for a divorce and seek remedies like getting spouse support from you to help him pay for his living...Read more »
I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You...Read more »
Yes - the marital portion would be the difference between the value before you got married and the value when you get divorced. You would get 1/2 of the marital portion under Oregon's presumption of equal contribution.
The 2018 transaction does not void the divorce judgment. Your former spouse complied with the divorce judgment by refinancing the car debt in 2018. You effectively co-signed for a legal stranger, since you were under no legal obligation to do so. You may have some options, but you should contact...Read more »
Oregon is an equitable division state, which means that a judge can order whatever is fair under the circumstances of the marital relationship. Generally speaking, it's best to think of everything starting at a 50/50 point of view, before the marital assets are split.
No children, married for 35 years. Both parties have had jobs but spouse decided to retire early. I am still working and my age is 66, had no help from spouse with remodel. The home will be sold and proceeds split, will sweat equity be considered in the division of the assets?
She had me move my mom in the house almost a year ago, now she’s trying to take the house and my mom and me have no where to go. Because of her infidelities I’m mentally emotional because of her and her cheating
Generally, your wife's cheating is not admissible in evidence in a divorce case. Oregon is a no fault divorce state, which means you cannot introduce evidence of fault to prove the reason for getting divorced. Your wife's cheating may be admissible if there is an adverse economic consequence that...Read more »
Say a judge in a divorce case states you must sell a property and pay half to your spouse. Instead the husband takes it out of the trust, sells the property and buys another home in another state and hides it under another trust. I have judgements for all this money he owes but dont know how to... Read more »
My grandfather was married to a women for a few years. He told us she was stealing from him and using his retirement money. He divorced her in 2006 but as executor I see she is a beneficiary on an annuity. I am ready to inform her, however, I feel that the reason of the divorce and state of their... Read more »
Depending on the express terms of your grandfather's General Judgment of Dissolution of Marriage, the beneficiary designation may be revoked and the former spouse's ability to access the annuity may be restricted. Also, it is possible that he notified the annuity company of a change of beneficiary...Read more »
The court's ultimate responsibility in dividing marital assets in a divorce proceeding is to make sure that the division is just and proper under all the circumstances. You have not provided enough details for an attorney to provide an informed response to your question. Without knowing all the...Read more »
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