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Oregon Divorce Questions & Answers
1 Answer | Asked in Divorce for Oregon on
Q: Husbands Mother gave Iand our home is on to him and we never changed deed to both names. Will it be considered a gift?

We have lived on property in Manufactured home since 2007. We both own home. Home was on his mother’s property. Due to estate planning when property (land) was passed on to husband in 2019 it was in his name only. We never got around to changing deed to both our names. We have always... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 26, 2021

An inheritance is considered a gift. Gifts received by one spouse during the marriage are not subject to a presumption that the gift was acquired by the parties equally as long as the gift was held separately and not commingled into the joint financial affairs of the spouses. Although the... Read more »

1 Answer | Asked in Real Estate Law and Divorce for Oregon on
Q: Can my ex-wife move back into our house her name is on the mortgage but not the title and I recently got married again?
Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 4, 2021

Once you are divorced, the court's General Judgment of Dissolution of Marriage is the court order determines your and your former spouse's rights and responsibilities regarding ownership and occupancy of the home and payment of the mortgage. You will have to review your General Judgment... Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Child Support and Divorce for Oregon on
Q: My fiancé’s ex wife is growing pot illegally and not reporting earnings to IRS in Oregon. We are paying child support…

He has 2 kids; one lives with us full time and the other stayed with his mother and just turned 18. He moved out and is still in HS living with friend in Portland. The mother grows pot illegally in southern Oregon and the younger son living with us doesn’t want to be there. She was unemployed... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 28, 2021

A court has authority to modify a child support order when there has been a substantial change in economic circumstances that was not anticipated at the time of the original judgment. To determine one's income, the court considers both actual and potential income. “Actual income” means... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: Filing for divorce, in Oregon both residents. Im the wife am I entitled to alimony, settlements owed .monies?

Married since July 5th 2014 at least still married separated and separate households since October 2018

Husband was soul provider

At the time when we were getting married. We signed, and the wedding official signed document stating husband will pay wife monies out to the wife every... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 20, 2021

In Oregon, there is a legal presumption that the value of any asset, except inheritances or gifts, acquired during the marriage will be shared equally at the time of divorce. Typically in Oregon the court uses the value of assets at the time of divorce, not separation. There are some exceptions.... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: If ex violates court order, should that be addressed before any further discovery?
Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 8, 2020

Oregon courts permit "discovery" of “any matter, not privileged, that is relevant to the claim or defense” of any party. The document or infor­mation being sought need not be admissible in court as long as it “appears reasonably calculated to lead to the discovery of admissible... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oregon on
Q: I want to have my kids more, but my wife refuses.

My wife and I are in getting divorced, neither has filed yet. The girls are with her the majority of the time as I work and she doesn't. I have them every other weekend and friday nights on the weekends I don't have them. I asked her if I could have them more and she refuses. She's... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 8, 2020

The presumed amount of child support in Oregon is based upon the following variables.

1. Each parent's gross income (before tax). If a parent is unemployed or underemployed, the court will determine that parent's potential income or earning capacity based upon that...
Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: Wife asked for a divorce and said she was moving 90 miles away the same day. 3 year old will be in school in 2 years.

In early August my wife said she wanted a divorce and that she was moving 90 miles away within the week. She applied for a new job about the same time and interviewed the day after she told me she wanted a divorce. 7 days later she moved. There was not even enough time to petition for a divorce. We... Read more »

Jessica Larsen
Jessica Larsen answered on Sep 25, 2020

You have a couple of options here. Depending on how long ago this occurred, you may be able to file a motion for status quo to have the child returned to your custody. The court takes several factors into account when determining custody, hometown factors being one of them. You should contact an... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: Uncontested divorce, ex is buying out of house: appraisal vs fair-market-value?

I live in OR, and I'm going through my first divorce - short-lived marriage, no dependents, etc.

It's been uncontested so far so most of the assets and finances have been simple, and already divided.

We bought a house about a year before the marriage (~1 year married).... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 18, 2020

The fair market value of the residence is what a willing buyer would pay to a willing seller in an arm's length transaction. The appraised value is an appraiser's expert opinion of the fair market value of the residence. The expert's opinion is only an opinion of fair market value.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Q: I am getting a divorce. The house belongs to her but is being transferred to me. How does this work?

If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the... Read more »

1 Answer | Asked in Divorce, Family Law and Small Claims for Oregon on
Q: I was awarded spousal support in my divorce. My ex suddenly stopped paying it. With limited resources, what can I do?

I have tried to reach out to him but he will not respond to my calls/texts/emails but I do know he is working. I don't live in the area where he resides and where our divorce took place either, so that makes it difficult as well. What can I do to compel him to pay the support that he owes? He... Read more »

Gregory L Abbott
Gregory L Abbott answered on Jun 19, 2020

This is really a matter best taken up with your divorce lawyer since they are the most familiar with all the details of your case. You likely have options such as asking the divorce court to find him in contempt of court (that usually gets results) for failing to pay per the court order; you can... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: We are doing our own divorce paperwork in OR.He prenupped the farm.I've lived/helped 13 yrs.Do I get anything from that?

We signed a prenup that he keeps the farm should we divorce. Now I have to move because it's his. We tried to split up other property fairly. He counted the money he had and I had before marriage as owed to him on his side since he had more. Wondering if I am missing $ in equity somehow or he... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on May 26, 2020

If the prenuptial agreement is a valid contract, then the divorce court will most likely approve it. There are many factors that must be considered in determining whether the prenuptial agreement is a valid contract. Factors include whether there was a full disclosure of all material facts... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am currently going through a divorce, and have a restraining order filed on me since November for false accusations.

We also have two children that I have not seen since November. We agreed on a parenting plan in court, and than I found out dhs and liberty house were investigating, I was told if there was no fault, visitation would begin in January. DHS finally called me last month and said there was no fault,... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 6, 2020

You will need to contact an Attorney directly and ask for assistance. Justia only offers you the chance to ask questions and meet Attorneys who have profiles on Justia. Sadly the courts have very limited services and are not setting trials until the emergency pandemic orders have lifted. Most... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: My nephew is still married but doesn't live in the house anymore because his wife was beating him up. He did not call p

He has not charged her. Now she is keeping the kids from him. There is no custody order and he believes the kids are not in a safe place. If he gets visitation, does he have to return them?

Joanne Reisman
Joanne Reisman answered on Apr 5, 2020

An Attorney cannot practice law by proxy. This is your nephew's issue and he needs to be the one to contact an Attorney for advice. Often people in frustrating situations will tell friends and relatives a very biased version of the facts because they are seeking sympathy and validation, not... Read more »

1 Answer | Asked in Divorce and Immigration Law for Oregon on
Q: Married to a US citizen for 21 years. I have a GC. Can I divorce and stay as a perm. res. w/o becoming a citizen?

I am married to an abusive man and have been for 21 years. He got me my green card. I have 2 adult children who are citizens. I work and have never broken the law. I want to stay in the US but divorce this man. I do not want to become a citizen. Is it possible for me to divorce him and maintain... Read more »

Adan Vega
Adan Vega answered on Mar 16, 2020

Your permanent resident status that has been issued to you will not end if you are granted a divorce from your U.S. citizen. You have been married for 21 years and you can provide proof of your bona fide marital relationship if your marriage is ever questioned by USCIS.

You also are not...
Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oregon on
Q: How can my daughter ask to use her toy hauler from husband if they have a no contact

My daughter filed divorce and restraining order her husband has possession of a camp trailer the purchased that shows her as the buyer on bill of sale she wants to use the trailer but she has no idea where he has stashed it how can she go about recovery of this she has it in divorce papers as an... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 10, 2020

Look, getting away from a domestic violence is far more important than a toy hauler. She should research the value, and ask the court to include the value in the division of assets. The court then tries to divide the property equally and can award money or physical property. The path of least... Read more »

1 Answer | Asked in Child Custody and Divorce for Oregon on
Q: My wife left me and my son a few months into our marriage but she won’t sign the divorce papers how can I get divorced

I also have our son (3) and have been taking care of him full time and want custody but I’m not on the birth certificate due to emergencies in the hospital, our son was flighted and my wife couldn’t go so I went with him and missed signing it how can I get full custody. She’s been gone and... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 21, 2020

I think there is a presumption that you are the legal father since you were married to the mother. You can probably file for a divorce and include allegations to establish your paternity as well. It's a bit tricky and the on line forms probably aren't set up to do this, so get an... Read more »

1 Answer | Asked in Divorce and Family Law for Oregon on
Q: I am a low income mom looking for a divorce lawyer that will help me for free. Thank you
Joanne Reisman
Joanne Reisman answered on Feb 5, 2020

Unfortunately the availability of free or low income legal services in Oregon are scarce. You can call Legal Aid (LASO) but they only take a certain type of cases so they are very limited.

The Oregon State Bar offers Lawyer...
Read more »

1 Answer | Asked in Divorce for Oregon on
Q: Can my ex wife go after me for money even though we’ve been divorced for 3 years?
Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

It depends. Once a divorce is final as to property it can't be re-litigated. Spousal support has to be awarded in the original divorce or it can't be requested later. If spousal support is in the initial divorce, then a proceeding can be filed to amend or extend it so long as it is... Read more »

1 Answer | Asked in Divorce, Child Custody and Juvenile Law for Oregon on
Q: Can a noncustodial parent sign dmv forms for my 16 y/o stepson to get his driver's license in Oregon?
Joanne Reisman
Joanne Reisman answered on Jan 19, 2020

You will need to ask he DMV. But you are a step parent and not either a custodial or non-custodial parent. To save on being hassled just have one of his parents go with him. I don't think DMV cares who has legal custody.

1 Answer | Asked in Divorce for Oregon on
Q: I'm in oregon Does an argument constitute as a hostile living environment?

So my wife came in and demanded our kids car seats. She was taking the girls but likes to inform me at the moment she leaves instead of talking about it ahead of time so we both know. I said why where are you going? She said that's none of your business she then got pissy and said go get the... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 6, 2020

You are describing a domestic argument with your spouse not a legal question. Sounds like your marriage could benefit from marriage counseling. If you and your wife end up getting a divorce, then you will have legal issues and you will need to contact a lawyer.

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