Do you have questions about divorce? You are not alone. Preparing for a life without your spouse can be intimidating, even if it is the right thing to do. At Charles Vincent & Associates, we empower our clients by making sure they are informed. Get answers to some of the most commonly asked questions about divorce.
What issues may arise in my divorce? Having to face a divorce is one of life’s most stressful experiences. You may be dealing with dividing property, debts, figuring out custody of children, parenting plans, and support issues. We can help you.
What if we reach an agreement? Sometimes you and your spouse are able to reach an agreement that resolves all your concerns regarding property, debt, custody and support. A non-contested divorce can be concluded in a short period of time once you file the appropriate documents and get a judge to sign your general judgment of dissolution. It is always a good idea to have a lawyer look over your paperwork to be sure it is filled out properly and nothing important has been omitted.
What if we cannot agree? If spouses cannot agree on some of their important issues, they are facing the possibility of litigation. In most counties in Oregon, parties are required to attend mediation before going in front of the judge, Often, a skilled mediator is able to assist parties in resolving issues involving custody and parenting time. If mediation fails, however, the judge who hears your case will make the final decisions regarding who gets custody of the children, what kind of parenting time the noncustodial parent will receive, how property is divided and who, if anyone, will pay support.
How will property be divided? This depends on a number of factors, including the length of the marriage, and who contributed during the marriage to certain assets. Judges strive to divide property as fairly and equitably as possible. In Oregon, there is a rebuttable presumption that both spouses contributed equally to assets purchased during the marriage, including 401(k)s, retirement and savings accounts. As a result, in long-term marriages the division of property is close to 50/50. Exceptions to that rule might include situations involving an inheritance, gifts to one spouse, or when the parties entered into a premarital agreement to keep assets and property separate.
How does Oregon calculate support? If you have children under the age of 18, or between the ages of 18-21 who are unmarried and attending college, one or both of you will be required to pay child support. The state of Oregon calculates child support by a mathematical formula according to its own guidelines. The factors taken into consideration for determining the amount of support include income of each party, the number of overnights, medical insurance expenses, work-related child care expenses, non-joint children, and payment of spousal support. It is possible to deviate from the guidelines if you have a legitimate reason why the amount calculated is unfair or inappropriate under the circumstances. The state of Oregon may seek to modify support every three years.
Do You Have Additional Questions? Ask Our Experienced Trial Attorneys.
At Charles Vincent & Associates, we are both experienced trial attorneys and experienced divorce and family law attorneys. We have successfully handled family law cases of all types in Oregon. Our extensive experience allows us to help our clients achieve the best outcome in each case. We protect our client’s rights with the utmost in privacy and discretion.