Get free answers to your Divorce legal questions from lawyers in your area.

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... View More
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... View More

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... View More
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... View More

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... View More
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).... View More

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.... View More
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... View More

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... View More
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... View More

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... View More
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... View More

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... View More
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,... View More

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... View More
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?

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... View More
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... View More

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... View More
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... View More

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... View More

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... View More

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... View More

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.
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... View More

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

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... View More
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.

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... View More
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

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

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

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... View More
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