October 20, 2012 (Press-News.org) Divorce in Oregon: Understanding the Basic Legal Issues
Most people understand some of the fundamentals about divorce in Oregon, from the benefits of crafting prenuptial agreements to the challenges of dividing marital assets. Oregon's family law statutes detail those and a range of related issues, from the distinctions between divorce and separation to methods of apportioning child or spousal support.
Any spouse who is contemplating the need to end a marriage can benefit from a basic explanation of the most common legal issues. By further discussing those issues with an Oregon divorce lawyer, a divorcing wife or husband can better assess the complexities of family law provisions in light of his or her unique circumstances.
Divorce, Separation and Annulment: Three Degrees of Change
Divorce, which marks the legal end of a relationship, is also known as dissolution of marriage. A petition for dissolution can be filed in any Oregon county where one or both spouses reside.
In situations where ending the marriage is relatively simple, the parties may be able to proceed using the summary dissolution process. Factors that govern eligibility include length of the marriage, whether minor children are present and the couple's level of debt.
Legal separation allows a couple to resolve spousal support and child support issues without formally dissolving the marriage. Separation is often employed as a temporary solution, and can allow one spouse to retain insurance coverage or give a couple time to consider future reconciliation or eventually bring their relationship to a legal end.
Oregon family law also recognizes the legal concept of annulment, which is reserved for situations where one spouse was incapable of legally consenting to the union or was forced or defrauded into marrying the other person.
Children and Divorcing Parents
When a mother and father decide to get divorced, several important aspects of the future lives of minor children must be resolved by the court. These include details regarding custody and residence of the children, as well as the amount one parent must pay the other to ensure sufficient child support.
If either parent objects to a joint custody arrangement, Oregon law requires family court judges to grant sole custody. Custody determinations involve details about a child's residency as well as important decisions regarding education, religion and health care.
Child support determinations consider the amount of time each parent spends with the child, their individual income and several other factors. As with all legal matters involving children and divorce, a child's best interests must be considered by the court in approving the details of a final court order.
Support and custody details are subject to legal modification if the parents agree or the petitioning parent can prove a substantial change of circumstances. Common divorce modification issues include relocation, loss of a job or significant increases in income.
Must One Spouse Support the Other After Divorce or Separation?
Awards of spousal support (traditionally known as "alimony") are not automatic, and must be based on factors such as relative income, the length of the marriage, each spouse's health and future earning potential. Spousal support can be granted on a transitional, compensatory or maintenance basis, and each has different implications for duration and future modifiability.
Support issues often merge with issues of asset division, and disputes over valuation of complex property, hidden assets or entitlement to pension funds require clear legal understanding. An Oregon divorce attorney can help a client identify potential areas of conflict and explain how each spouse's rights can affect the outcome.
Article provided by Suzanne J. Noland
Visit us at www.suzannenolandlaw.com
Divorce in Oregon: Understanding the Basic Legal Issues
Any spouse who is contemplating the need to end a marriage can benefit from a basic explanation of the most common legal issues in an Oregon divorce.
2012-10-20
ELSE PRESS RELEASES FROM THIS DATE:
Details of OSHA's Fall Prevention Campaign For Construction Workers
2012-10-20
Details of OSHA's Fall Prevention Campaign For Construction Workers
According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of death in the construction industry. In 2010, 264 of the 774 total fatalities in construction were due to falls. Further, greater than 10,000 workers were injured as a result of construction falls.
Falls are preventable, however, and OSHA - in conjunction with the American Society of Safety Engineers and The National Institute for Occupational Safety and Health - has launched a national fall prevention ...
2012 IRS Offshore Voluntary Disclosure Program Remains in Effect
2012-10-20
2012 IRS Offshore Voluntary Disclosure Program Remains in Effect
Among the many issues that can lead to a criminal tax investigation is a taxpayer's failure to disclose taxable offshore assets. In recent years, the Internal Revenue Service has renewed its Offshore Voluntary Disclosure Program (OVDP) to give taxpayers incentives to comply with tax laws and potentially avoid penalties for tax evasion.
Last summer, the IRS announced that it had collected more than $5 billion in back taxes, as well as penalties and interest, as a result of more than 33,000 disclosures ...
Fungal Meningitis Outbreak Leading To Lawsuits Against Steroid Maker
2012-10-20
As of October 18, the multistate fungal meningitis outbreak has caused 20 deaths. The total number of reported cases has now risen to 257. With new fungal meningitis infections coming to light almost daily, many victims are looking for a meningitis outbreak lawyer with a national practice focus for help bringing suit against the maker of the steroid injections that have been linked to the deadly epidemic.
Background of the Outbreak and Telltale Fungal Meningitis Symptoms
As many as 14,000 patients were exposed to tainted steroid injections produced by the New England ...
Fewer College Students Accruing Credit Card Debt
2012-10-20
A new Sallie Mae study found that fewer college students own credit cards, and the number has dropped during the past two years. Experts are encouraged by the study and say this shows hope for the long-term financial health of the students and their parents. There are many factors that contribute to the decrease in credit cards and credit card debt, but one of them is the credit card reform provisions of the Credit CARD Act of 2009 targeted towards students.
Students Who do Own Credit Cards Paying Off Balances
Students are avoiding debt by either not opening credit ...
Post Divorce Insurance Plans Are Important For Splitting Couples
2012-10-20
If you're heading toward divorce, you likely have a lot on your mind. With all the other things going on in your life, it's possible that you haven't given a lot of thought to how your insurance needs will change as a single person.
But, insurance is important in the wake of divorce. Knowing how to handle your health, life, home and auto insurance policies correctly can not only save you thousands of dollars, it can ensure you don't lack the coverage you need at a critical time.
Health Insurance: Getting Your Own Coverage and the COBRA Safety Net
In discussions ...
Town Ordinances Can Be Problematic for Texas' Registered Offenders
2012-10-20
It has become increasingly common for towns across Texas to establish ordinances that greatly restrict the movement of registered sex offenders. The ordinances often force offenders out of towns entirely due to lack of housing far enough away from public areas where children are present. These ordinances go beyond Texas sex offender laws and can greatly impede on the rights of sex offenders to find adequate housing.
Rash of Ordinances Appear in Texas Towns
The state of Texas allows municipalities to enact town ordinances that restrict the movement of sex offenders ...
Medical Debt Responsible for Increasing Share of Texas Bankruptcies
2012-10-20
It is a sad and unfortunate truth that medical expenses have skyrocketed over the last several years. The fact that so many people have lost their jobs -- and thus their health insurance -- during the recession has only made matters worse.
Of course, a serious illness or injury can be financial devastating, even for people who have insurance. Between copays, deductibles and benefit caps, it does not take long for the bills to spiral out of control. Indeed, medical debt is now one of the leading causes of consumer bankruptcy, both in Texas and throughout the United States.
According ...
Serious Car Accidents More Likely During Holidays and the Summer
2012-10-20
To a certain extent, the risk of encountering a dangerous or deadly traffic accident is always present. No matter what day it is, some drivers will make the choice to get behind the wheel after drinking alcohol, taking drugs or not getting enough sleep. Others will take their eyes off the road to send a text, program their GPS or play with the stereo. Add in speeders, red light-runners and a whole host of other dangerous but common behaviors, and it begins to become clear why 1,200 people were killed and another 12,800 were seriously injured in New York motor vehicle accidents ...
Supreme Court Reverses Third Circuit's Decision on Credit Bidding
2012-10-20
The Supreme Court of the United States has reversed a ruling of the Third Circuit Court of Appeals on a Chapter 11 bankruptcy issue known as credit bidding. The Supreme Court unanimously ruled that Chapter 11 reorganization plans cannot sell the property of a secured creditor without giving that creditor the opportunity to credit bid on it.
Two Important Terms: Credit Bidding and Cramdown
In order to understand the Supreme Court's recent decision, it is necessary to understand two key Chapter 11 bankruptcy terms: credit bidding and cramdown. In the Chapter 11 bankruptcy ...
Female Crash Test Dummies Now Used in Car Safety Tests
2012-10-20
Car accidents have the potential to cause very serious injuries. Although nothing can completely erase the risk of harm that comes with a crash, good vehicle design can go a long way to minimize the severity of crash victims' injuries.
Most people are probably aware that automobile manufacturers use crash-test dummies to measure the risk of injury in a car accident. These measurements are then translated into consumer safety ratings. However, many people may be surprised to learn that most of these safety rankings apply only to average-sized males. Until recently, automakers ...
LAST 30 PRESS RELEASES:
Technical Trials for Easing the (Cosmological) Tension
Mapping plant functional diversity from space: HKU ecologists revolutionize ecosystem monitoring with novel field-satellite integration
Lightweight and flexible yet strong? Versatile fibers with dramatically improved energy storage capacity
3 ways to improve diabetes care through telehealth
A flexible and efficient DC power converter for sustainable-energy microgrids
Key protein regulates immune response to viruses in mammal cells
Development of organic semiconductors featuring ultrafast electrons
Cancer is a disease of aging, but studies of older adults sorely lacking
Dietary treatment more effective than medicines in IBS
Silent flight edges closer to take off, according to new research
Why can zebrafish regenerate damaged heart tissue, while other fish species cannot?
Keck School of Medicine of USC orthopaedic surgery chair elected as 2024 AAAS fellow
Returning rare earth element production to the United States
University of Houston Professor Kaushik Rajashekara elected International Fellow of the Engineering Academy of Japan
Solving antibiotic and pesticide resistance with infectious worms
Three ORNL scientists elected AAAS Fellows
Rice bioengineers win $1.4 million ARPA-H grant for osteoarthritis research
COVID-19 booster immunity lasts much longer than primary series alone, York University-led study shows
Bentham Science joins United2Act
When thoughts flow in one direction
Scientists identify airway cells that sense aspirated water and acid reflux
China’s major cities show considerable subsidence from human activities
Drugs of abuse alter neuronal signaling to reprioritize use over innate needs
Mess is best: disordered structure of battery-like devices improves performance
Skyrmions move at record speeds: a step towards the computing of the future
A third of China’s urban population at risk of city sinking, new satellite data shows
International experts issue renewed call for Global Plastics Treaty to be grounded in robust science
Novel material supercharges innovation in electrostatic energy storage
A common pathway in the brain that enables addictive drugs to hijack natural reward processing has been identified by Mount Sinai
China’s sinking cities indicate global-scale problem, Virginia Tech researcher says
[Press-News.org] Divorce in Oregon: Understanding the Basic Legal IssuesAny spouse who is contemplating the need to end a marriage can benefit from a basic explanation of the most common legal issues in an Oregon divorce.