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Oregon Divorce Questions & Answers
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 Attorney to... 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. https://oregonlawhelp.org//resource/oregon-legal-aid-offices

The Oregon State Bar offers Lawyer...
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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 still in... 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 damn... 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.

1 Answer | Asked in Divorce for Oregon on
Q: So responded to a petition for dissolution of marriage I got my daughter's birth years wrong.

Can I make a quick fix do I have to have it amended?

Joanne Reisman
Joanne Reisman answered on Jan 3, 2020

It says that you are in Seattle. Is this case in Oregon or Washington? Is the other side represented by counsel? The technical way to do this in Oregon Courts is to file an amended version after getting permission to the other side. But frankly, although not technically correct, I don't think... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: In oregon, how do we do the parental time if I will be moving out but can only afford to rent a room not an apartment

so I couldn't have the kids overnight until I can later find a suitable place to do that in the future. When I find a suitable I want them to stay with me perhaps 35 percent or so of the total time.

Joanne Reisman
Joanne Reisman answered on Dec 28, 2019

Try to find a situation where you can have the children overnight if possible. If you parents live nearby and have a larger home perhaps they would host your weekends with your children and you would all visit your parents. The rest of the time you would stay at your rented room. Or look for a... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: How do I go about posting in Sonoma CA for divorce? I am from Or and I've already taken care of posting here but no CA

I am getting a divorce in Or. No one in Ca seems to know the steps to posting which the judge had orderd it. Please help. No children ot assets

Joanne Reisman
Joanne Reisman answered on Dec 11, 2019

First you need to clarify what you mean by posting? I don't really know what you're talking about but I would guess that it's something like posting a notice because you couldn't find the person to serve him or her. I would never use posting as a form of substituted service. The primary form of... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: My girlfriend and I bought a timeshare but I'm not legally separated from my wife. Does that mean she has rights to it?

We have been living apart for 5 years now and my girlfriend and I purchased the timeshare this last year together.

Michael Hales
Michael Hales answered on Dec 2, 2019

In many states, property acquired during marriage is part of the marital estate. I recommend that you find a local attorney to review your specific case.

1 Answer | Asked in Divorce for Oregon on
Q: We bought a house 3 mo ago its in both our names loan in his. Does length of marriage matter in judge decision on what

Happens with the house? We’ve only been married almost 3 yrs Jan . What will the outcome be

Joanne Reisman
Joanne Reisman answered on Nov 24, 2019

Before you get all worked up over how the house will be treated in a divorce I suggest you check on what the current value is and compare it to the balance left on the mortgage. Unless you made a very large down payment there is probably little or no equity to fight over and you are very lucky... Read more »

2 Answers | Asked in Divorce for Oregon on
Q: We bought a house 3 months ago loan is in his name house in both Jan will be 3 yrs married . How is this handled
Joanne Reisman
Joanne Reisman answered on Nov 24, 2019

How is what handled? You haven't asked a question about something specific.

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1 Answer | Asked in Divorce for Oregon on
Q: Will my wife still get half the house?

My wife and I are not legally separated but have been living apart now for 5 years. I got a USDA loan in my name and built the house. She lived with me a few months after it was built then told me she wanted a divorce. My girlfriend and I of 4 years are still living in the house and she has... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 19, 2019

The law will first presume that the house is marital property that gets split equally but because you have been separated and your wife has not contributed to the marriage for years (I presume), it sounds like you have grounds to argue that Oregon's presumption of equal contribution should not be... Read more »

1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: Seporated 2 years, married 20 years, no children , going through bankruptcy

Been living on same property paying rent with my girlfriend, what are my rights and what can I do ? She won't divorce cause of bankruptcy.

Timothy Denison
Timothy Denison answered on Nov 11, 2019

Impossible to say without substantially more information. In any event, get the bankruptcy done first and that will make life easier in the divorce.

2 Answers | Asked in Divorce for Oregon on
Q: Divorcing in Oregon after 10 year marriage. My wife purchased home 5 years before we married. Am I entitled to equity?

I equally invested in payments and improvements over the 10 years. We refinanced about 3 years ago in both our names.

Daniel DiCicco
Daniel DiCicco answered on Nov 11, 2019

Short answer: yes. There is a presumption of equal contribution to marital assets. You might look at the equity in the home at the time of the marriage, and set that aside for her. All of the equity growth since that point would be looked at as marital property.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can garnish is... Read more »

3 Answers | Asked in Divorce for Oregon on
Q: My husband took all our money out of our joint bank account and put in a bank account with just his name on it?

.

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 9, 2019

The property subject to division in a dissolution consists of two categories. The first, “marital property,” consists of any property that either or both of the parties own, regardless of when the property was first acquired. The second category of property is “marital assets.” Marital... Read more »

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1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: I am trying to understand a couple topics related to bankruptcy in Oregon.

1. When one spouse has credit card debt in his name alone, does the Family Expenses Statute apply to routine expenses like groceries and utility bill. More generally, I am wondering when credit card debt can be considered joint debt of both spouses even though it is in the name of one spouse.... Read more »

Timothy Denison
Timothy Denison answered on Sep 30, 2019

1. All debt acquired during the marriage is presumptively marital debt regardless of whose name it is in.

2. Yes, to some degree depending on how much total equity is in the house.

3. It will be if it is an arms length transaction between divorcing spouses. It may not be...
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1 Answer | Asked in Banking and Divorce for Oregon on
Q: My wife and I are getting divorced in Oregon. After separating and separate bank accounts, can my wife take my money?

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.

Joanne Reisman
Joanne Reisman answered on Aug 26, 2019

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 »

1 Answer | Asked in Divorce for Oregon on
Q: We divorced May 2, 2019. He came with guns most inherited. I don't have a problem with him keeping family guns.

Insurance paid us for guns after house fire. Check was in both names. I say they're mine, as well. I want 2 guns.

Joanne Reisman
Joanne Reisman answered on Aug 20, 2019

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 »

3 Answers | Asked in Divorce for Oregon on
Q: Her lawyer states I'm not entitled to spousal support, even though her income is 6 times more than mine?

Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?

Joanne Reisman
Joanne Reisman answered on Aug 13, 2019

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 »

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