| A Divorce (technically known as a dissolution of marriage) terminates the marriage and resolves all issues of child custody, parenting time, child support, spousal support, division of property, division of debts, insurance, etc. A Legal Separation does everything a divorce does except when you are done, you are still married. A divorce requires a claim of a permanent breakdown of the marriage whereas a separation requires a claim of a temporary breakdown. The cost of each is about the same.
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| Oregon is a "No fault" state which means that anyone can get a divorce claiming nothing more than that the marriage has irreparably broken down. Simply put, if you want a divorce and the other party does not, that’s enough of a breakdown for a divorce. Normally the court will not permit evidence of misconduct or fault in granting a divorce; however, such evidence might be considered where child custody is an issue. That means that one spouse “cheating” on another will not impact the division of property or support
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| Every case is different. If child custody will be an issue, it is usually not advisable to move out prior to your lawyer reaching a written agreement with the other side or a court granting a temporary order. Don’t ever move without consulting an attorney unless in the most extreme circumstance such as domestic violence.
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| An Annulment ends a marriage by "canceling" it and treating it as if it never occurred. Despite what you read in Hollywood magazines, Annulments are rarely granted and usually only where one of the parties was incapable of consenting to the marriage (underage or incompetent) or if consent was obtained by force or fraud.
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| A divorce is granted when a “General Judgment” for the Dissolution of Marriage is signed by a judge.
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| No but your spouse can slow the process by contesting issues in the divorce which results in the requirement that there be a trial. After trial a judge will make a ruling. Then someone will write up the General Judgment of Dissolution of Marriage. Once it is signed the divorce is complete.
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| There is no absolute answer to this question. The more issues that are contested, the longer it will take. An “uncontested divorce” (a divorce where you and your spouse agree on the results) can be finalized immediately once the necessary paperwork is completed. A “contested divorce” will typically last from six to twelve months. The time it takes can depend on many factors such as the county in which it is filed, the judge who the case is assigned to, the issues that remain unresolved and the contentiousness of your spouse and their attorney.
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| It is often said that 90% of all cases settle without a trial. However, certain issues tend to be more contentious such as spousal support and child custody. Each case is unique and the only certain thing is that there will be a trial if you and your spouse are unable to reach agreement on all the issues.
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| The simple answer is no. Normally insurance is provided to you as a “spouse.” Once you are divorced, you no longer are a spouse and therefore are ineligible to continue on the group coverage as a spouse. That is one reason why some parties agree to a legal separation since they remain “spouses” when the process is done. You do have certain rights to continue your health insurance coverage, at your own expense, through your spouse's employer by enrolling in the COBRA plan. This extension period can range from eighteen months to three years, but there are stringent requirements related to the enrollment period and prompt payment of premiums. Similarly there are also options for CONTINUATION or PORTABILITY coverage which is similar to COBRA but also different. Application for PORTABILITY coverage is made directly to the insurance company and not to the employer. There is no time limitation but there may be a geographic limitation. As in COBRA coverage, there are stringent requirements related to the enrollment period and prompt payment of premiums. To play it safe, start writing for information before the divorce is signed and make application, in writing, no less than 30 days after the divorce.
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| Mediation and Arbitration are both alternative methods of resolving disputes sometimes known as Alternative Dispute Resolution. In mediation, you and your spouse sit down with an impartial third party (referred to as the mediator) to attempt to reach a settlement that is suitable to both parties. The agreement is not legally binding and typically requires the services of an attorney to prepare and file the settlement agreement. In Arbitration, you and your spouse have a hearing in front of an impartial lawyer (referred to as the arbitrator) to seek a ruling on all issues that are before the arbitrator. The ruling of the arbitrator is legally binding, just as if done by a judge, unless you appeal the decision to the Circuit Court. Arbitration will also require the services of an attorney. Most counties require that parties seeking divorce go through mediation on issues of child custody and parenting time prior to going through a trial. In Linn county, arbitration of property issues is mandatory before you can go to trial. In many counties, if there are no children or no spousal support issues, the case will be referred to arbitration.
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| Since the 1970’s it has been the law of Oregon that a spouse can resume their former name at any time during the marriage. No legal proceeding is necessary. You can go to DMV with your birth certificate and get a new drivers license and begin the process of changing things back. Unfortunately, that may not satisfy the IRS or Social Security without more effort. As part of a divorce, upon request, a judge will grant a request that a spouse be restored their former name.
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| A party may seek to modify an existing divorce judgment only to change spousal support, child support, child custody or parenting time (visitation) schedules. The modification will result in a document called a “Supplemental Judgment.” Except for changes in parenting time which can be sought at any time, there is a requirement to show an “unanticipated substantial change in circumstances” from the last order before a court will grant a change. One exception is that child support can be reviewed every two years, without a change of circumstances, but only through an administrative proceeding, not through a court motion to modify. Issues related to property settlement cannot be modified.
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| As much as possible, gather current statements and legal documents regarding real estate, retirement plans and accounts, non-retirement investments such as stock accounts, checking and savings information, stock options, social security statements and all recent statements regarding all financial obligations. If possible, obtain a credit report early in the process. Links on how to obtain a credit report can be found under "links" on this web site.
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