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Oregon Divorce Questions & Answers
1 Answer | Asked in Divorce for Oregon on
Q: do i need a California lawyer to file a quadro if divorced in California but live in Oregon. quadro is with calpers
Joanne Reisman
Joanne Reisman
answered on Apr 8, 2018

Maybe, maybe not. An Oregon Lawyer who specializes in QDRO's can write the order to meet IRS criteria and to properly sync with the retirement plan, that part shouldn't be dependent on State Law, but you need an Attorney with a California license to present the order to the California... View More

2 Answers | Asked in Divorce for Oregon on
Q: I was awarded house in divorce how long can my ex live in it?
Joanne Reisman
Joanne Reisman
answered on Apr 5, 2018

We don't know what the details are of your divorce. Were you awarded the house in a trial or hearing? Has the Judgment been entered yet? More importantly, does the Judgment identify the house properly by including the correct legal description not just the street address? Does the language... View More

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1 Answer | Asked in Divorce and Family Law for Oregon on
Q: if i have a judgement for divorce not signed by a judge does it mean i am not divorced?

I have never received my Final Judgement of Divorce and now I am ready to apply for several QUADROs for retirement plans. however i understand i need a signed Final Judgement of Divorce by a judge in order to obtain my share of CalPers retirements of my 30 year marriage. How can I do this? what... View More

Joanne Reisman
Joanne Reisman
answered on Apr 3, 2018

WHOA! You may have a serious problem and your question is not asking what you need to know. If this is an Oregon divorce Oregon Law will not allow further property division once a divorce is final. So in order to get a QDRO done post divorce, the divorce decree/judgment needs to have language... View More

1 Answer | Asked in Divorce and Communications Law for Oregon on
Q: Is it legal to put a GPS tracker in your abusive husband's car?

I have filed for a divorce, but he is still living here, and has been drinking heavily. I wanted to make sure I knew when he had been to a liquor store, so I could know if I needed to leave with my kids before he got home. He is hitting the liquor store pretty much every day, and has even been... View More

Joanne Reisman
Joanne Reisman
answered on Mar 31, 2018

If you own the car you can put a tracking device on it. If the car is in your husband's name only then you may have problems. I am not sure what the law is about this but I suspect there is something that prevents you from using electronic devises to spy on people outside your own property... View More

1 Answer | Asked in Divorce for Oregon on
Q: Am i liable for my wifes student loans after we divorce?
Joanne Reisman
Joanne Reisman
answered on Feb 26, 2018

In Oregon you aren't liable for the debts of your spouse unless your name is connected with the debt as the responsible party for paying the debt OR the court in a divorce orders you to pay the debt OR the debt qualifies as a debt that was for the benefit of the family and the creditor seeks... View More

2 Answers | Asked in Divorce and Family Law for Oregon on
Q: I need to find a lawyer that is in Ontario OR. for divorce and family law. I'm a single mom who works 2 jobs I need help

My ex and I have been separated since nov 15 2014. He has not seen kids on regular basis and not a dime of child support then he ups and leaves to move back to CA with his parents. I moved here for him so he could be closer to his daughter left everyone I Knew, are marriage ended 4 year later. I... View More

Joanne Reisman
Joanne Reisman
answered on Feb 19, 2018

Get on the internet and search for a family law lawyer in Ontario Oregon. You can also call the Oregon State Bar and ask for the lawyer referral service. They will give you names of Family Law lawyers in your area who will give you one consultation for a cheap price. (503-620-0222). Searching... View More

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1 Answer | Asked in Animal / Dog Law and Divorce for Oregon on
Q: if a dog was given as a gift to me as a child can my mom take her away.

All the papers and the chip inside of the dog state her name but I was too young for them to put my name down and I never thought it’d become a legal course taken by my mother to remove the dog from my home that I live in separately with my father. Is there anyway I can protect my dog from being... View More

Joanne Reisman
Joanne Reisman
answered on Feb 11, 2018

Even though you are a minor you can own property. I can't say that in your situation the dog was given to you and became your property. There are probably two sides to the story. Typically pets are bought as family pets for the entire family even if the family says that the pet is for one... View More

1 Answer | Asked in Divorce for Oregon on
Q: I know Oregon is a 50/50 state, when does that kick in, right away or after 3 yrs.?

I was a widow 5 yrs. Ago after 32 yr. Of marriage. After being a widow for a year I remarried Aug. 2014, now we are headed for divorce after 3 1/2 yrs. Married, do i have to share the sale of my house with him??

Joanne Reisman
Joanne Reisman
answered on Jan 29, 2018

Oregon is not a 50:50 state. In Oregon there is a REBUTTABLE presumption of equal contribution to assets ACQUIRED during a marriage. So with respect to your house, if you owned the house before your marriage, your current husband would only be entitled to 1/2 of the increase in value since the... View More

2 Answers | Asked in Divorce for Oregon on
Q: I’m seperated in a 2 bedroom place I need a roommate to survive my ex is threatining that I can’t see my kids anymore.

Do I have rights in this situation? She threatens to cause problems for me by going to the apartment and throwing a fit. Where just seperated not divorced yet.

Joanne Reisman
Joanne Reisman
answered on Jan 23, 2018

You need to get the court to order establishing parenting time plan that sets out your rights to see your children. That will be part of the divorce proceeding. So file the divorce and get these issues resolved. I don't believe that you can just file for parenting time in this situation, you... View More

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1 Answer | Asked in Divorce for Oregon on
Q: can a pubic defender work on divorce in oregon

on my paper work it say Metropolitan Public Defender Services and her lawyer was their money on my wife case because my ex who has no money and the judge say no to them make me pay for her lawyer

Joanne Reisman
Joanne Reisman
answered on Jan 19, 2018

The term public defender has to do with a licensed Attorney who is court appointment to represent indigent criminal clients. The person who is a public defender is usually a licensed attorney. As a licensed Attorney that Attorney could also practice law in any area that any other attorney could... View More

1 Answer | Asked in Divorce for Oregon on
Q: We had divorce papers drawn up almost 3 yrs ago and both of us signed them with a notary at that time. We never filed,

Is it too late to file them? Or will we need to have new papers drawn up with a more current date of signing and notary?

Joanne Reisman
Joanne Reisman
answered on Jan 19, 2018

I think your biggest problems are the legal aspects of the divorce papers. By that I mean you need to make sure that the divorce papers are drafted to properly take care of all the legal matters you need to deal with in your divorce and that the papers will work under current Oregon Law which may... View More

1 Answer | Asked in Divorce for Oregon on
Q: Our divorce settlement says that the house will be put up for sale and remain continuously listed for sale until sold.

Does this prevent the spouse that is remaining in the house from taking the house off the market, or not actively trying to sell it, even though it is technically on the market? We will be splitting the proceeds when it sells. I just want to be sure I am covered and will get my share of the... View More

Joanne Reisman
Joanne Reisman
answered on Jan 17, 2018

It sounds like your divorce Judgement is ordering that the house be sold. I don't know why you are concerned about whether or not it will be continuously listed. But if that should happen you can file a motion to show cause why your spouse should or should not be held in contempt of court for... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oregon on
Q: if me and my ex have joint custody but she the main parntens can she tell me how to run my life

on the court paperwork it say my son live with her. he with me Thurday to Sunday night some week in tell Monday morning she will call my phone or email me or msg me intell i pick up to ask for money some month it about 12,00 to 1,500 over the court order . if i start to date anyone she want a... View More

Joanne Reisman
Joanne Reisman
answered on Jan 16, 2018

Please resubmit your question with more clarity about what is going on and what your question is. I just get respond to a question that doesn't make sense.

1 Answer | Asked in Divorce for Oregon on
Q: Hello, I'm on the lease and my husband it not on the lease, we been having issues and I want him out, how can I do that

I want to legally separate and really am having a an issue with him but I'm to soft and he knows how to manipulate me I need to do everything by law that I don't have to talk much but show him the papers and have him out of

Joanne Reisman
Joanne Reisman
answered on Jan 16, 2018

If the issue you are having with him is domestic violence, you can apply for a family abuse restraining order. Here is a link to an article that explains getting a FAPA: http://www.osbar.org/public/legalinfo/1140_RestrainingOrders.htm

If you just want him to move out, consult with a...
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2 Answers | Asked in Child Support, Divorce and Tax Law for Oregon on
Q: My husband and I have been separated for a yr and I have the kids. Can I file married filing sep. And claim the kids

We are in the process of divorce. And he abandoned me and the kids has not been part of their life for a year

Joanne Reisman
Joanne Reisman
answered on Jan 15, 2018

Is this a question about your how to file your tax return? Assuming it is, the courts generally prefer that a couple that haven't gotten divorced yet look at the way to save the most taxes. You and your husband should agree to have an accountant or CPA prepare your return both ways - married... View More

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1 Answer | Asked in Family Law and Divorce for Oregon on
Q: I was inquiring about common law marriage in the state of Oregon and we have properties that we have both purchased

I was inquiring about common law marriage in the state of Oregon and what are the laws we have been together for many years and everything is in his name not in mine and we're not legally married

Joanne Reisman
Joanne Reisman
answered on Jan 9, 2018

There is no common law marriage in Oregon. However, you might be able to prove a domestic partnership if you can prove that there was an intent to be business partners in the purchasing or investing in property. You will have the burden of proving this, whereas a joint economic partnership is... View More

1 Answer | Asked in Divorce for Oregon on
Q: Can a wife just take a trailer her husband is renting when she's never lived there?
Joanne Reisman
Joanne Reisman
answered on Jan 9, 2018

You question doesn't make sense. If the trailer is rented neither the wife nor the husband have the right to treat the trailer as owned property. If you mean that the trailer was being purchased then a wife can claim any property or contract to buy property that the husband has as marital... View More

2 Answers | Asked in Divorce, Child Custody and Child Support for Oregon on
Q: Is it legal for my sister in law to leave her 4 kids home alone? Ages 15,12,9&6. 15 has mental instability right now.

15 year old has already been placed on suicide once in the last few months and states he doesn't want to be responsible for his younger siblings. My brother and her are divorcing and the kids keep texting him she keeps leaving them alone while he's at work. Is this legal?

Joanne Reisman
Joanne Reisman
answered on Dec 23, 2017

The child support ordered, which is an inevitable part of getting divorced, can include money for professional child care to the extent that the children can't be left home with their older sibling. Your brother could end up paying A LOT OF MONEY for child care. So you really need to be... View More

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1 Answer | Asked in Divorce for Oregon on
Q: Court awarded our daughter half of her ex husband's military retirement but he somehow switched his retirement so she

has not received a penny. What can she do?

Joanne Reisman
Joanne Reisman
answered on Dec 22, 2017

The military frowns on service members not honoring their support commitments. However there are special rules with how one goes about getting a retirement divided in a divorce and one needs an attorney that specializes in military retirements to make sure that everything works out correctly. She... View More

1 Answer | Asked in Divorce for Oregon on
Q: I live in oregon and was wondering Can my husband who Im currently separated from and in the process of filing

a divorce from for being abusive use me being in a relationship with another person against me when it comes to the custody of our children. We have been separated for 3 months and Ive been dating my new partner for roughly 2 months. He wants to try and say that I was seeing my new partner while we... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 10, 2017

Even if he uses that against you, it might be helpful for him in getting a divorce, but it will not be helpful in getting custody unless the claim of you committing adultery or something was impacting children. I am limited to what information I can post here, so it would be best for you to reach... View More

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