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Oregon Divorce Questions & Answers
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... 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... 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... 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... 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...
Read more »

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.... 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... Read more »

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1 Answer | Asked in Divorce for Oregon on
Q: My ex and I had our divorce finalized June 26. 32 years of marriage. We are both severely disabled. She qualifies for

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 »

Joanne Reisman
Joanne Reisman
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 »

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: My boyfriend is currently going through a divorce and custody battle here in the state of Oregon. Refer to more info

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 »

Joanne Reisman
Joanne Reisman
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 »

1 Answer | Asked in Divorce for Oregon on
Q: I'm looking for a free consultation meeting with a Salem Oregon attorney. I would like to file for a divorce.

My husband lives in California and I have moved back to my home state of Oregon. We were married for 15 years when we separated. During that time we were married I did live in California.

Now the interesting part.

Hes disappeared on every aspect you may know. I do have his SSA and... Read more »

Joanne Reisman
Joanne Reisman
answered on Jul 30, 2019

You can file for a divorce in Oregon if all you want is to be declared divorced. You may need to pay for the assistance of an Attorney to figure out how to serve your husband. An Oregon Judge can order a method of substituted services based on your affidavit of your best ideas to notify your... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Oregon on
Q: Do I have to contact the other parent for a time to pick up his kid, if he does not call or text for his parenting time?

I’m amidst a divorce and last weekend (we have a ex parte temporary order of restraint-kids in my custody) he had our daughter for the weekend and our ten month old son he only kept for 1 1/2 hours of his 2. He was sleeping and my daughter answered the door for the 8 am, which was answered at... Read more »

M. Nicole Clooten
M. Nicole Clooten
answered on Jul 23, 2019

This is a tricky situation. On one hand, you do not want to be the parent who is not facilitating a relationship between the child and the father, but if he really wanted his time, he would be more communicative. He needs to be the adult in the situation and make the effort in my opinion. I... Read more »

1 Answer | Asked in Divorce for Oregon on
Q: I want a divorce person that's immigrant doesn't have adjustment of status, he making my life hell. I need help

Been married 2 year's and he still lives as if he is single and not really cheating in person, but living double life with child mother in country he came from. I understand that I responsible for him but I have found out he has found ways to make money and send it back to take care of them... Read more »

Joanne Reisman
Joanne Reisman
answered on Jul 10, 2019

Any family law attorney can process your divorce. His immigration status can't prevent you from divorcing him. The issue you really need to deal with is whether the immigration forms you signed to aid this person in applying for US citizenship will still make you liable for their support. I... Read more »

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