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

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... View More

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

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.

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... View 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... View More

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... View More

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... View 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.... View 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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't... View More

Technically you can evict your husband from your home or another residence. Be sure to follow landlord tenant rules so you do it properly. However be warned, your husband could turn around and file for a divorce and seek remedies like getting spouse support from you to help him pay for his living... View More

I assume you are referring to the Oregon Statute that lists financial information both spouses in a divorce are required to share. ORS 107.089 https://www.oregonlaws.org/ors/107.089 Once you serve this form on your spouse he is required to give you the documents listed under this statute. You... View More

Yes - the marital portion would be the difference between the value before you got married and the value when you get divorced. You would get 1/2 of the marital portion under Oregon's presumption of equal contribution.

The 2018 transaction does not void the divorce judgment. Your former spouse complied with the divorce judgment by refinancing the car debt in 2018. You effectively co-signed for a legal stranger, since you were under no legal obligation to do so. You may have some options, but you should contact... View More