Oregon divorce judgments and wills
Proper planning and excellent representation can mean the difference between a difficult or smooth transition. The attorneys at Frohnmayer Deatherage have combined over 40 years of experience representing clients in divorce proceedings throughout Southern Oregon. Our attorneys will work hard and efficiently to ensure all of the areas involved in your divorce are handled, whether your divorce involves all of these issues or just a few.
Oregon Courts recognize the relationships of unmarried opposite sex and same sex couples. The rules for dissolving these types of relationships can be different from those rules dissolving a marriage. However, the Oregon Courts generally treat Custody and Parenting Time issues in the same whether the couple is married or unmarried. The attorneys at Frohnmayer Deatherage can help you determine which issues the court will address in dissolving your relationship. Our attorneys will work efficiently and passionately to protect your property and parental rights.
Oregon Child Support is generally determined using the Child Support Guidelines and Calculator located at include website. Though the calculator is simple to use, determining what numbers to input into the calculator can become complex. The attorneys at Frohnmayer Deatherage can help make sense of which figures to use and all of the information that can be taken into account, which include health insurance costs, social security benefits, spousal support, and child care costs. If both parties agree to have Joint Custody of a child, the court can order Joint Custody. However, if either party wants to have Sole Custody, then the court must choose one of the parties to be the Custodial Parent.
Oregon Statutes provide a non-exhaustive list of the factors the court will consider in determining which parent will be the Sole Custodial parent. The attorneys at Frohnmayer Deatherage are familiar with these factors and Independent Custody Evaluations. They can assist you in determining how best to approach the court on the issue of Custody that focuses best interest of your child ren.
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In Oregon, Parenting Time is different from Custody. Parenting Time is the actual time you spend with your child ren. Even if you are not the Custodial Parent, the court can still award you substantial parenting time with your child. Parenting Time can also change as your child ren gets older and their needs change as well. The attorneys at Frohnmayer Deatherage are experienced in developing parenting plans that can fit your situation and at modifying existing parenting plans that your family has out grown.
If you can reach an agreement with your ex, you will most likely be happier in the long run. Judges and Courtrooms can resolve an argument, but you must give up control of the outcome in order to have the court resolve your case. The attorneys at Frohnmayer Deatherage have helped many clients mediate their case. The key is to understand how your case will likely resolve in court. Because we have experience in handling many Family Law cases, our attorneys can help you understand likely court outcomes and this allows you to decide what you would be willing to compromise on in mediation and what you are willing to fight for.
As well private mediators and Circuit Court Judges are willing to help parties sit down and work through all issues to reach agreement. The attorneys at Frohnmayer Deatherage can help you decide if one of these programs would work for you. Some issues decided by courts are subject to change.
The courts can modify Spousal or Child Support if there has been a substantial change in economic circumstances by either party. This can be anything from getting a raise, losing a job or incurring an unexpected new monthly expense. Such property, along with any assets acquired before or after marriage, is considered the separate property of the acquiring spouse.
While gifts given to one spouse by a third party are considered that spouse's separate property, gifts given by one spouse to another spouse are considered marital property subject to the laws of equitable distribution.
Not necessarily. While a court may consider title as evidence of separate property, title in and of itself does not determine whether an asset is separate or marital property. An equitable division of marital property is not always an equal division. Rather, the court will divide property between spouses in a way that it considers fair. In other cases, however, the judge may decide to award one spouse a greater percentage of the marital property.
A court will review a number of factors in determining how to divide marital property. For example, a court may consider:. A court typically will not consider adultery, alcohol and drug abuse, domestic violence , or involvement in other criminal activities when making an equitable distribution of marital property. A spouse's behavior will be relevant, however, if it impacts the couple's finances.
Thus, a spouse who is caught hiding or fraudulently transferring marital assets may be awarded a smaller percentage of the couple's estate. Marital property is typically valued by its fair market value at the time the marital litigation is filed or commenced.
However, because a period of months or years may elapse before a divorce decree becomes final, some states allow the parties to share in the appreciation or depreciation of marital assets between the date of separation and the date of divorce. Last updated September Divorce Contents. For example, a court may consider: The financial condition and earning power of each spouse. The value of each spouse's separate property, including a spouse's business , business interests, retirement plans, k plans, stocks, bonds, etc.
The degree to which each spouse contributed to the acquisition of marital property. The degree to which each spouse contributed to the education and earning power of the other spouse. Future financial needs and liabilities of each spouse. The ages and overall health of each spouse. The liquidity of marital property. Premarital and prenuptial agreements.
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Spousal maintenance or alimony obligations. First Steps for Divorce. No Fault vs. Fault Divorce. This means there are possible income tax advantages to the individual paying spousal support. Property Division. Equitable does not mean an equal division; rather, it means a fair division in terms of value. As a broad concept, Oregon law treats a marriage as a partnership, and all income earned and property acquired during the marriage is marital and should be fairly divided.
Marital property is subject to division between the spouses regardless of which spouse holds title. There is no fixed way to determine how either you or the court should divide your property. Factors that the court considers include the nature and extent of the property, the duration of the marriage, and the economic circumstances of each spouse. In some cases, gross misconduct by a spouse such as supporting a mistress can be considered.
Retirement Benefits. Any retirement benefit earned during the marriage can be divided by the court in a divorce case. This includes pensions, profit sharing, individual retirement accounts, or any work-related benefit payable upon or after retirement. You have a contested divorce, and a trial may be necessary, if your spouse disputes even one of these matters, regardless of whether or not the dispute is eventually settled without having to appear before a judge.
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Most contested cases are settled by agreement between the parties before either party appears in a courtroom. Court Costs. Court costs refer to charges that the court imposes before it will take your papers and before any hearing will be held. Other out-of-pocket non-attorney fee expenses would be court reporter fees for depositions, appraisals, investigators, computer research, etc.
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Our Fees. The exact fee will depend on the services that you require. The court rarely orders payment of the full amount of the fee. You are responsible for paying our fees. Any sums recovered from your spouse will be either credited to your account or reimbursed to you.
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We will not act as your attorney until you have signed the fee agreement and deposited the required retainer into our trust account. Full payment of any outstanding balance is due every month once the retainer fee has been exhausted. We do accept credit cards. We discussed our fee with you during our first meeting. The fee agreement is a binding contract between us. It is very important that you read it carefully before signing.
Sometimes a divorce seems like the only solution. Often it is not. You may change your mind and try to work things out with your spouse after a divorce action has been filed with the court. Do not be embarrassed by this; our office encourages reconciliation. We charge no fee for dropping a divorce action. Only fees for services performed prior to your instruction to stop will be charged to you. Many times it is better to put the case on hold rather than dismiss it while trying to work things out with your spouse.
This saves the expense of refiling the divorce in the event that your reconciliation does not work out. We generally suggest that this be limited to the restoration of the maiden name when there are no children involved, or to a former married name when the children are from a prior marriage. Let us know before we prepare the Petition for Dissolution if you want such a change formally incorporated into a court judgment. A husband cannot force a wife to stop using his last name.
It is important that we have all the facts to represent you properly. You will be asked to tell us everything about you and your spouse. This can sometimes be embarrassing. Anything you tell anyone in this office is strictly confidential and will not be disclosed without your permission.
Our Professional Services. Our firm provides an experienced attorney, competent and experienced support staff, and modern equipment and research facilities in performing legal work for you. Your legal problems are given our continuing personal attention in an effort to obtain the best results possible in the most reasonable time and at a reasonable cost. Although we are interested in helping you resolve your personal problems, we are not trained to provide counseling services. Other Attorneys.
We always encourage a potential client to shop around and talk with other attorneys. You should interview at least two attorneys and compare them in terms of experience, competence, personality, and price. The personality factor is important because you will have to deal closely with your attorney on potentially volatile problems.
While you need not be totally enchanted, a clash of personalities may make the relationship uncomfortable or even contentious. Your Relationship with Our Office. It is important that you be an active participant in your divorce case. After all, this is your case, not ours. You will be expected to provide us with the records and information we request in a timely manner. We expect you to be cooperative and truthful at all times. Make it a rule from the outset to present us with all of the facts, then let us worry about protecting your best interests in connection with those facts.
We cannot anticipate and plan around pitfalls of which we are not aware. Also, we can make reasonably accurate predictions about the outcome of your case only if you give us accurate information to work with. Other important considerations include timely payment of your outstanding bill and notifying us of any change in your address or your telephone number. Keeping You Informed. Our office will make every effort to keep you informed regarding your case. We will immediately send you copies of all documents that our office receives or prepares on your behalf, as PDF files by email unless you request otherwise.
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Please call if at any time you have any questions, problems, or concerns about the way that we are handling your case. General Suggestions. Your well-meaning friends and relatives may offer you advice about your case. Listen to advice from all sources and gather as much information about the process as you can. However, recognize that such advice is often inaccurate, so be cautious in following it.
The facts surrounding your marriage, divorce, children, and property are unique and different from every other case. Be careful about which advice you apply to your own fact situation. Starting the Case: The Next Step. Our initial consultation is structured to answer some of your immediate questions and give you a general idea of your rights and responsibilities in a divorce action. However, we have not accepted your case and will not act as your attorney until you have retained us for that purpose.