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 »
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... Read 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... Read 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... Read 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... Read 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... Read more »
answered on Nov 24, 2019
How is what handled? You haven't asked a question about something specific.
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 »
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... Read more »
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.
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.
I equally invested in payments and improvements over the 10 years. We refinanced about 3 years ago in both our names.
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.
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 »
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... Read more »
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 »
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 »
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... 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.
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 »
Insurance paid us for guns after house fire. Check was in both names. I say they're mine, as well. I want 2 guns.
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.... Read more »
Married 16 years. If I challenge the petition, it states I will have to pay her legal fees?
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... 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 »
answered on Aug 11, 2019
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 »
answered on Aug 6, 2019
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.