FREQUENTLY ASKED QUESTIONS
TOP QUESTIONS
My spouse doesn't want us to share joint custody of the children. Can a court order joint custody?
No, a court cannot order joint legal custody. Both parents can agree to share joint legal custody, but if one parent wants sole custody, the court must decide which parent should be awarded sole legal custody.
What does custody mean? Does it mean that my children spend most of their time with me?
In Oregon, custody refers to “legal custody.” The parent who has legal custody of their children makes the decisions about the children’s healthcare, education, religion, and other areas regarding their children’s lives. The parent with legal custody does not decide how often the other parent gets to spend time with their children. Instead, each parent will have set out parenting time with their children. Sometimes the parent who spends the most time with the children is said to have “physical custody” of their children.
If I get divorced, will I have to pay my spouse alimony or spousal support?
Whether or not one spouse must pay the other spousal support depends upon the length of your marriage, the difference in earning capacity and income of the the parties, the lifestyle of the parties during the marriage, the health of the parties, and other factors. A lawyer can advise you regarding the likelihood you will have an obligation to pay spousal support if you get divorced.
Circumstances have changed since I got divorced. Can I change my judgment?
If circumstances have changed since your divorce, you may be able to modify your spousal support obligation or the amount you receive, your child support obligation or the amount you receive, legal custody of your children, and/or the amount of time that either parent spends with the children. Different legal standards apply to each of these types of modifications.
My mother died without a will. Who inherits her property?
When someone dies without a will, Oregon’s intestacy laws govern how the estate will be distributed. This means that how your mother’s estate will be distributed depends upon who is alive in her family. Do you have siblings? Was your mother married? Was she married to someone other than your father? A lawyer can help you determine how her estate will be distributed.
Temporibus autem quibusdam et ?
On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain.
ADDITIONAL INFO
I need help with my father's estate. Do I need to use the probate process or is their something simpler?
If your father had substantial assets that did not pass to another directly upon his death (e.g. through a designated beneficiary), you may need to use the probate process to pay his debts and distribute his estate. It may also be possible to file a simpler small estate affidavit. It depends upon the total value of the estate and the specific value of any real property your father held.
My father is suffering from dementia and having trouble managing his medical needs and his money. What can I do to help?
It depends whether your father prepared in advance for this type of situation. Does your father have a power of attorney? Did he designate a medical decision maker? If not, you may need to petition the court for a guardianship and/or a conservatorship?
On the other hand, we denounce with ?
On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain.
Temporibus autem quibusdam et ?
On the other hand, we denounce with righteous indignation and dislike men who are so beguiled and demoralized by the charms of pleasure of the moment, so blinded by desire, that they cannot foresee the pain and trouble that are bound to ensue; and equal blame belongs to those who fail in their duty through weakness of will, which is the same as saying through shrinking from toil and pain.