Try counseling first. Chances are you don't know everything, just like the author of this advice.
Having said that, here is some basic information regarding divorce or as it is now called in Oregon, dissolution of marriage. Please remember, this information only applies to Oregon and is of a general nature.
Every case has its own particular set of circumstances. Other states have different rules.http://lawyer-help.blogspot.com/
The information contained on this site is not meant to provide or constitute legal advice for a particular person. If you need legal advice you should see an attorney licensed to practice in your jurisdiction for specific legal advice as to your problem. Every legal problem is unique and a few facts or different laws of different states can effect what advice an attorney would give you. Talk to a licensed attorney for legal advice.
What is a dissolution of marriage?
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What is meant by the term "no fault"?
"No fault" dissolution means that the judge generally will no longer permit or require evidence of specific acts of misconduct or fault in granting a dissolution of marriage, except where child custody is an issue, and then the misconduct must relate to the care and custody of the child.
What are the Oregon residence requirements?
Except for rare circumstances, at least one party must be a legal resident of this state for six months prior to the time a petition for dissolution of marriage is filed. Members of the armed forces who maintain their legal residence in Oregon may file here despite being temporarily stationed elsewhere.
When will my case go to court?
A dissolution of marriage case may not go to court normally until ninety days have passed after service of the summons and petition. However, if any matters are contested, the waiting period may be substantially longer. In some cases it is possible to get the Court to waive the 90 day waiting period. In many cases the parties agree as to what the divorce decree should say and never actually appear in court. If one party fails to respond to the initial petition and summons the other party may obtain a default decree and final judgment that is binding on the other party.
What should I do if I am served with a summons and petition?
(a) You should see an attorney immediately and review all of your options with her or him. A divorce substantially affects your property and personal rights. If you fail to respond to the petition you may suffer substantial loses of money, child custody, property, etc. After reviewing the matter with competent counsel you may decide to contest the matter, allow the other party to have the divorce without any contest or you may attempt to negotiate a settlement. In most cases, settlements are negotiated on such issues as child custody, support, spousal support, distribution of property and sharing of pension plans.
(b) You may contest custody, child support, alimony and property division by appearing in court and filing appropriate legal papers. You should see an attorney for help with this procedure.
What court procedures are involved?
(a) A dissolution of marriage proceeding is always heard by a judge, without a jury. Your attorney will prepare you for the hearing by explaining your role and court procedures. In many cases an appearance may not be required if the parties negotiate a settlement or one of the parties fails to respond to the petition for dissolution.http://lawyer-help.blogspot.com/
(b) Temporary orders may be issued concerning restrain, custody, support, visitation of children and costs prior to the final hearing on your dissolution. In the case of abuse it is possible to go to court immediately without an attorney and without paying fees to get immediate help in the form of a restraining order. The other party will have an opportunity to request a hearing on the restraining order.
Who will get custody of the children?
In a dissolution of marriage proceeding the main concern of the judge is the best interest of the children if there is a dispute over custody, support or visitation. The property rights and the welfare of the adults involved are secondary to that end. Oregon law provides that no preference be given to the mother or father regarding custody. The following factors, among others, influence the judge's decision on custody.
Ages and sexes of the children;
Compatibility with each parent;
Ability of each parent to take care of the children;
Personal characteristics of each parent and their past and present personal conduct.
Depending on the age of the child, the child's preference.
7A Who will support the child(ren)?
In most cases the Court will require the non-custodial parent to pay reasonable child support until the child reaches the age of 18 or 21 if regularly attending school or unless emancipated. The amount per child varies with the circumstances of each case.
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The actual amount of child support may differ depending on the desire of the parties, their income, the attitude of the judge, and the skill of the attorneys involved. It is not unusual for an order to provide that child support in the sum of at least $150 to $250 per child per month be paid or more depending on the parties income. Support is initially determined in Oregon by the use of guidelines prepared by the Support Enforcement Division of the State Department of Justice. These guidelines establish a presumptive amount of support. The presumptive amount may be rebuted, either upwardly or downwardly, depending on individual circumstances.http://lawyer-help.blogspot.com/
Support orders are periodically reviewed by the Support Enforcement Division of the State of Oregon. You can also seek review of such orders by hiring an attorney to help you. http://lawyer-help.blogspot.com/
Under Oregon law child support is set by using the Support Guidelines that are put out by the Department of Justice. There are exceptions to these guidelines. Such support orders also require that medical insurance be purchased or obtained if available and other medical bills be paid or shared by the non-custodial party. Adjustments are allowed for the parent paying for health insurance. The support calculations will also allow for part of the cost of child care of the custodial party.
Will either party be required to pay spousal support?
1. The judge will consider the following factors, among others, to determine whether support of a party to a dissolution is appropriate:
The duration of the marriage;http://lawyer-help.blogspot.com/
Ages of the parties;
Their health and physical conditions;
Their work experience and earning capacities;
Their financial conditions, resources and property rights.
The Court will also consider whether spousal support should be ordered on a temporary or permanent basis The law regarding spousal support was changed by the 1999 Legislature and the changes are contained in ORS Chapter 107.
What about division of property?
1. In determining division of property, the judge will consider the following factors, among others:
The length of the marriage;
Amount of property brought into the marriage by each party;
The amount of property available for division;
The financial needs, prospects, ages and health of both parties and their children;
Education, work experience and income of the parties.
Amount of retirement pension that has been earned during the marriage.
This is an area of the law which is constantly changing and the help of a skilled attorney is highly recommended.
What is a property settlement agreement?
A property settlement agreement is a written contract between the parties listing and dividing the martial property and financial obligations. It may also be used in settling custody, child support and alimony in accordance with the free wishes of the parties. Although a property settlement agreement is encouraged, it will be subject to the judge's approval. Also a recent Oregon Supreme Court case has cast doubt as to whether all provisions of a Marital Agreement are enforceable so make sure you review this with your attorney and don't do it yourself.http://lawyer-help.blogspot.com/
Can the wife have a former name restored?
Upon request, your attorney in the dissolution proceeding may petition to restore a former name and the judge may grant the change.
What is a decree of dissolution?
A decree of dissolution, now called a Judgment of Dissolution, is the final legal document in a divorce case signed by the Judge, restores the parties to the status of unmarried persons,and may become effective immediately in Oregon on signing unless specifically stated otherwise in the judgment. This is a change from the old law. Make sure you read your decree to be sure of the effective date.
The judgment of dissolution also sets forth the amount of child support that needs to be paid, the property division, who gets custody and other important decisions relating to the termination of the marriage.
Who should draft the court papers and advise me of my rights, duties and expectations?
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The legal problems and consequences involved with dissolving a martial relationship require professional judgment which should come from an attorney. Beware of the so-called "do it yourself divorce" and other nonprofessional advice. You may have to live with a bad decision for a substantial period of your life if you don't get good advise. For instance, property decisions are not modifiable under most circumstances and child support judgments, although modifiable, are not generally favored by the court unless you can show a material change in circumstances.
What are the court costs?
Have your attorney advise you of the court costs in your county. In Lane County as of July 2010 the filing fee for a divorce petition is $260 as of October and a response to a divorce petition is $260.http://lawyer-help.blogspot.com/
In addition, there are costs for serving papers, and trial fees. Also if you take depositions, the sworn and reported statements, of a party, that will increase your costs substantially. Paying from $250 to $1,500 for transcribed depositions is not uncommon, depending on the length and type of deposition ordered. See if the other party will agree to tape recorded depositions or split the costs.
Some costs may be deferred or the other party may be required to pay the costs. In other counties in Oregon, additional fees may be charged for mandatory mediation services, etc. If child custody is an issue, mediation is required in Lane County but there is no additional charge for those services if you go through the county program.
What will an attorney charge?
The fee will depend upon the time spent and the circumstances of each case. Ask your attorney to explain fee and billing procedures to you at your first conference. You will be solely responsible for your attorney's fee regardless of the outcome of the dissolution and regardless of an award of attorney's fees in your favor. Some attorneys will charge a set fee and others will charge an hourly rate. Don't hesitate to ask for a written fee agreement or explanation. Remember not to mix up attorney fees with costs, they are not the same thing and costs are not included in the fee. If the attorney charges a retainer fee, make sure you understand whether or not it is non refundable or refundable and under what circumstances.
What is an annulment?
Under certain circumstances, your marriage can be declared legally void from the beginning. This is called an annulment.
What is a separation?
A separation, either temporary or for an unlimited time, may be decreed when differences between the parties have caused a breakdown of the marriage.
Should we reconcile?
An effective reconciliation may be a better solution than dissolution. You may wish to consult a marriage counselor or other professional. Review all your options and don't act out of anger.
What if I don't have money to hire an attorney, can I still get divorced?
Yes, you can. Legal Aid offices handle many divorce cases but due to funding problems they may not be able to handle all such cases. Call and ask the office in your area. If you are a student at college, your college may have a legal assistance office. Also, you can do your own divorce and if there are no property or custody issues you may be able to pick up the forms at your court house but remember the Clerks are prohibited by law to give you any legal advise, as they are not attorneys. As noted above, you should be represented by an attorney to minimize the possibility of problems.http://lawyer-help.blogspot.com/
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