Family Law FAQs
If you are contemplating a divorce or dealing with any other family law issue and have never been involved in any type of court proceedings before, it can be a scary and intimidating time for you. Right now, your own fate and the fate of your children are in your hands—and that’s not an exaggeration. Not knowing the law could easily lead to mistakes that will negatively impact your life and the lives of your kids.
If you have questions regarding divorce, division of property, alimony, child custody, child support, or other family law issues, it’s better to ask them than be left in the dark. Our family law attorneys at Haskett Williams Monaghan Attorneys at Law are here to guide you through this difficult time.
Family Law Frequently Asked Questions (FAQs)
If you are dealing with divorce, separation, or any other family law matter, we know times are hard and you are probably looking for answers. With our decades of collective legal experience at Haskett Williams Monaghan Attorneys at Law, we strive to provide our clients with upfront and straightforward information about family law. Below are answers to some of the most common concerns our clients in Oregon have.
How to File for Divorce in Oregon?
Initiating the divorce process in Oregon requires you to take three steps:
Pay a filing fee;
Fill out and file a Petition for Dissolution of Marriage; and
Serve the petition on your spouse.
Under the residency requirement in Oregon, you cannot file for divorce until either you or your partner has resided in the state for a minimum of six months.
Do I Need a Reason to Get a Divorce in Oregon?
No, Oregon is a no-fault divorce state. In other words, you don’t need any reason to file for divorce in the state. As long as either spouse wants to dissolve the marriage, it’s enough to get a divorce, even if neither party did anything wrong. Instead of focusing on anyone’s fault, you can file for divorce based on the “irreconcilable differences” ground.
How Long Does Divorce Take?
There is no definitive answer like “2 months,” “half a year,” or “a year.” Every divorce case is unique, and its timeline depends on the level of cooperation between the partners, their willingness to resolve matters outside of court, and the number of contested issues (if any).
How Much Does It Cost to Get a Divorce?
Like the timeline, the cost of divorce varies from one case to another. Typically, the longer the divorce takes to resolve and the less cooperative the spouses are, the more expensive the dissolution process will be.
Can I File for Legal Separation in Oregon?
Unlike some other states, Oregon allows spouses to seek legal separation as an alternative to divorce. Essentially, legal separation involves the same issues as divorce, but the primary difference between these two proceedings is that partners are still legally married after they get separated.
What Property Am I Entitled to in a Divorce?
Oregon follows an “equitable division” theory when it comes to dividing the spouses’ assets and debts. This means anything the spouses acquired during the marriage (with the exception of gifts and inheritance) will be subject to division in a matter that the court deems “fair.” Alternatively, spouses can divide their property without court involvement and the judge will generally accept the parties’ preferences.
How Much Is Child Support and Who Will Be Ordered to Pay?
Oregon courts use child support guidelines to determine the amount of financial support and who should be responsible for such payments. These guidelines are based on the parents’ gross incomes, the number of children, the financial needs of children, and the custody arrangement, among other factors.
Who Gets Child Custody in Oregon?
In Oregon, all decisions regarding child custody and parenting time are based on the “best interests of the child” standard. Typically, courts in the state award sole legal and physical custody to one parent while the other parent gets parenting time. However, if both parents agree to joint custody to share legal and physical rights to the child, the court may approve this arrangement.
Can I Modify an Existing Family Law Order?
Yes, if you have a court order for any family law matter (e.g., child support or child support), you can ask the court to alter it. This is known as a post-decree modification. However, you cannot modify your family law order if your circumstances don’t warrant modification. Consider speaking with an attorney to learn more about the grounds for post-decree modification.
Need Answers to More Questions? Contact Us Now
If you have any other questions about family law, don’t let them go unanswered. The FAQ section above cannot possibly cover every question you might have. Set up a personalized consultation to get the answers you need.
You don’t want to enter the legal process without having the right information and full understanding of the issues at hand. If you do, you could be left with disappointing results that follow you for years to come. Schedule your consultation with Haskett Williams Monaghan Attorneys at Law and ask us your questions today.
Locate in Bend, Oregon, we serve clients throughout Redmond, Sun River, Prineville, and Sisters.