Divorce at an affordable Rate
Depending on the couple involved and their level of agreement over the key issues, divorce can either be a relatively smooth process or an extremely strenuous one. In Oregon, the couple does not have to be in mutual agreement in order for one spouse to file for divorce. All there needs to exist is irreconcilable differences. While the other spouse is unable to block a divorce, they can put up a fight over the divorce settlement and stretch the process significantly. During a divorce process, the spouses will have the choice to settle major matters between themselves in mediation, or, if neither of the previous options work, before a family law judge.
The key issues that the couple will need to agree or settle on include:
Spousal support: Financial support (or alimony) paid by one spouse to the other in order to maintain lifestyle, if necessary, or during a transition into unmarried life.
Property division: Do you know what property you get to keep and what you have to split with your spouse? And who will be responsible for your marital debts? Oregon is an equitable distribution state. Equitable distribution means that a court will split the property between spouses in an equitable, or fair, way. The division does not have to be equal to be fair.
Child custody: The decision of whether the spouses will share custody of children equally, or who will hold majority custody and the specifics of that arrangement. The best interest of the child is the main focus in making decisions about child custody.
Parenting time: In Oregon, as long as paternity has been established, the laws on custody and parenting time are the same for both married and unmarried parents. The best interest of the child is the main focus in making decisions about parenting time.
Child support: Financial support generally paid by the parent with less custody to the parent with majority custody to help cover the expenses of child rearing until the child turns 18 or up to 21 years old if your child is living with you while attending college.
We have the experience to effectively represent clients in separation and divorce cases involving both moderate and complex property division issues, including dissolutions involving the valuation and division of real estate and businesses.
If you and your spouse are able to agree on all of these issues, you may have little need for a courtroom or even legal counsel, other than to finalize the divorce settlement. However, if no agreement can be reached, it is in your best interest to seek the experienced counsel of an Oregon family law attorney.