|
View the 10 most commonly asked questions we receive
|
|
Frequently Asked Questions about the General Judgements of Divorce
|
|
Frequently Asked Questions about Divorce
|
|
Frequently Asked Questions about Separation
|
|
Frequently Asked Questions about Children, Custody, and Parenting Time
|
|
Frequently Asked Questions about Child Support
|
|
Frequently Asked Questions about Spousal Support
|
|
Frequently Asked Questions about Personal Injury and General Civil Litigation
|
|
Frequently Asked Questions about Estate Planning
|
| |
|
10 Most Commonly Asked Questions |
|
|
| No. A separation (i.e. living apart absent a court order) is not a "legal separation." You are still married until a court says you are not and living apart does not alter your legal obligations as a married couple.
|
| Moving Out. No law prevents your husband from moving out. You may, however, be able to ask the court for child support or spousal support. One of our attorneys can see you about this.
|
| Closing Bank Accounts. The law allows either of you to close a bank account in joint names or in your own name. If you file a lawsuit for equitable distribution of marital property, the court can order a temporary division of assets pending a final hearing, and this can include bank accounts. Upon filing for divorce a restraining order will automatically be entered.
|
| Our attorneys will be happy to discuss these issues with you.
|
| An annulment is not a divorce involving a short marriage. It is a declaration that no valid marriage ever existed, such as when first cousins marry, or there is some other roadblock to a valid marriage (such as if one of the parties was drunk or insane or already married at the time of the marriage ceremony). If the marriage is valid, the only way to end it is with a divorce. We can set you up for an appointment with one of our attorneys.
|
| This is a complicated question. The person who decides if you get spousal support is the judge. Unless your spouse agrees to pay you spousal support, you will need to file a lawsuit and ask the judge to award you spousal support.
|
| Our attorneys receive many phone calls each day. Due to the volume of clients whom we serve, we have the clients screened by a paralegal in order to ensure that our attorneys can devote their full attention to existing clients who have already retained us.
|
| We do sometimes take pro bono cases, but we only accept these cases from a branch of the legal aid organization. If you would like to talk to them about having an attorney handle your case at no charge and you are financially qualified for this help, you should call them.
|
| We never quote exact fees for cases. The reason for this is that it is impossible to tell how much your case will cost. Attorneys charge on an hourly basis. Our attorneys cannot predict how many hours will be spent on any given case in order to quote a fixed fee. In addition, no attorney can tell how much "fighting" the other side will do or how much negotiating will be necessary in a settlement.
|
| When you come into our office, the attorney will give you an estimate concerning your case if you ask for it. He or she will also tell you the amount of money that initially needs to be deposited into our trust account. We use the money from the trust account to pay your bills on a regular basis while we are working on your case.
|
| Our attorneys are available to review documents. Whenever they look over a document prepared by someone else -- such as a separation agreement or a prenuptial agreement -- we charge an hourly fee. This is in addition to the costs of the initial interview. If you would like one of our attorneys to review your separation agreement (or another document), we ask that you send us the document at the same time as you set up your initial appointment. In that way, the attorney will be able to review the document in advance of the meeting and then give you the results of the review when you come in for your initial appointment.
|
| Child Support Enforcement Office. Each county’s District Attorney has a department which may assist you with collection of support. Their offices provide free enforcement of court orders for the collection of child support, and will also provide free help to initiate the determination of child support in new cases.
|
| Our Office. Our attorneys are also available to assist in the enforcement of child support. In some child support cases, it is possible to ask the judge for attorney's fees to help reimburse you for the money you spend hiring one of our attorneys to handle the child support case for you. However, it is your obligation to pay the fee before the case has begun.
|
| This is not a ground for spousal support. Oregon is a “no-fault” state so moving out should not affect the outcome of the case.
|
