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 »
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 »
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
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 »
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.
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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