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We know going through a divorce can feel like you’re losing control of the things that are most important to you. During these challenging times, it is critical to have a trusted attorney to walk you through each step of the Oregon divorce process. We make it our mission to provide the legal support you need and deserve.
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Division of Property and Assets
Oregon law requires marital property be divided equitably in a manner that is just and proper in all the circumstances. All marital property is subject to being divided by the court in divorce. Oregon law considers marital property all real and personal property of either spouse, regardless of whether it is held jointly or individually or acquired before the marriage. The fact that one spouse holds the sole title to a particular item of property does not prevent the family law judge from awarding it to the non-titled spouse.
Marital assets are those items of property acquired by either spouse during the marriage. The law carries a rebuttable presumption that both husband and wife have contributed equally to obtaining assets during the marriage, regardless of whether the property is held jointly or separately. This means that without evidence to the contrary, the family law judge will assume both parties contributed equally to the acquisition of these assets, and should therefore receive an equal share of the value of that property in divorce.
An Oregon family law judge considers several different factors in determining what is fair when dividing marital property, including either spouse’s contribution as a homemaker. Our attorneys understand every marriage is unique and that an equal division of property is not always appropriate under the circumstances. Let us help you achieve the property award you desire. Call our law office today to speak with an attorney about your marital property concerns.
Marital assets are those items of property acquired by either spouse during the marriage. The law carries a rebuttable presumption that both husband and wife have contributed equally to obtaining assets during the marriage, regardless of whether the property is held jointly or separately. This means that without evidence to the contrary, the family law judge will assume both parties contributed equally to the acquisition of these assets, and should therefore receive an equal share of the value of that property in divorce.
An Oregon family law judge considers several different factors in determining what is fair when dividing marital property, including either spouse’s contribution as a homemaker. Our attorneys understand every marriage is unique and that an equal division of property is not always appropriate under the circumstances. Let us help you achieve the property award you desire. Call our law office today to speak with an attorney about your marital property concerns.
Spousal Support ("Alimony")
Spousal support (also called “alimony”) is money paid by one spouse or domestic partner to the other.
Determining the Amount and Duration of Spousal Support
The family law judge determines the amount and duration of spousal support after considering a number of factors. There are no specific calculations that go into determining the spousal support award. Some of the factors the judge considers include:
Oregon law provides for three primary areas of spousal support: transitional support, compensatory support, and spousal maintenance. The family law judge can order one, two or all three types of spousal support in divorce.
Modification or Termination of Spousal Support
A substantial unanticipated change in either spouse’s financial situation may justify changing the spousal support award. The Oregon family law judge considers a number of factors in determining whether a substantial change in circumstances justifies modification or termination of the support award. Some of these factors include:
We know spousal support is a very serious issue in divorce and separation. Our attorneys have the skill and expertise that will make all the difference in negotiating a fair support settlement. If you and your spouse or domestic partner cannot agree on support and he or she refuses to be reasonable, we are always prepared to advocate for you in the courtroom.
Determining the Amount and Duration of Spousal Support
The family law judge determines the amount and duration of spousal support after considering a number of factors. There are no specific calculations that go into determining the spousal support award. Some of the factors the judge considers include:
- Length of the marriage or domestic partnership
- Training, education level, and work experience
- The financial needs and resources of each party
- Ability of either party to pay support to the other party
- The age and health of both parties
- Types of Spousal Support
Oregon law provides for three primary areas of spousal support: transitional support, compensatory support, and spousal maintenance. The family law judge can order one, two or all three types of spousal support in divorce.
- Transitional spousal support is common when there is a need for one party to attain education and training necessary to allow the party to reenter the job market. Transitional support is designed to enable one party to reintegrate into the job market and become self-sufficient.
- Compensatory spousal support is often awarded when there has been a significant financial or other contribution by one spouse to the other spouse’s education, training, career, or earning capacity.
- Spousal maintenance is typically awarded where there is a large disparity in the earning capacity of the parties and the need for an ongoing income supplement for an indefinite or specified period of time.
Modification or Termination of Spousal Support
A substantial unanticipated change in either spouse’s financial situation may justify changing the spousal support award. The Oregon family law judge considers a number of factors in determining whether a substantial change in circumstances justifies modification or termination of the support award. Some of these factors include:
- Remarriage or cohabitation of either spouse
- Change in the obligated spouse’s income or resources
- Change in the receiving spouse’s financial circumstances
- Retirement of either spouse
We know spousal support is a very serious issue in divorce and separation. Our attorneys have the skill and expertise that will make all the difference in negotiating a fair support settlement. If you and your spouse or domestic partner cannot agree on support and he or she refuses to be reasonable, we are always prepared to advocate for you in the courtroom.
Negotiation, Mediation, and Settlement
The terms of a divorce may be negotiated and settled before trial. If the parties agree on all the issues, a stipulated judgment of dissolution of marriage can be entered voluntarily by the agreement of the parties. Divorce litigation has advantages and disadvantages and, while appropriate in many situations, may not be the ideal fit for you and your particular circumstances. For parties in a relatively low-conflict relationship who want to remain amicable and do not want a judge to have the final say, negotiation and mediation may be the best tools to put to use in resolving your divorce or legal separation. Our attorneys have helped many people resolve their divorce in a civil and satisfying manner by utilizing effective negotiation methods and alternative dispute resolution approaches.
Mediation can be an effective method of coming to an agreement in divorce. If you and your spouse or domestic partner are close to an agreement, but need some help reaching a final resolution you may attend mediation with an unbiased third party in an attempt to resolve the dispute and avoid trial. An agreement reached in mediation is not binding until it is incorporated into a final judgment of dissolution. Our attorneys will clearly explain the process involved in mediation to assist you in deciding whether mediating is the right fit for you.
If you are considering a divorce and would like to discuss your options for resolving your separation, contact our law office to schedule a consultation. We are here to help you determine which approach is the best fit for you and your circumstances.
Mediation can be an effective method of coming to an agreement in divorce. If you and your spouse or domestic partner are close to an agreement, but need some help reaching a final resolution you may attend mediation with an unbiased third party in an attempt to resolve the dispute and avoid trial. An agreement reached in mediation is not binding until it is incorporated into a final judgment of dissolution. Our attorneys will clearly explain the process involved in mediation to assist you in deciding whether mediating is the right fit for you.
If you are considering a divorce and would like to discuss your options for resolving your separation, contact our law office to schedule a consultation. We are here to help you determine which approach is the best fit for you and your circumstances.