Award-winning law firm. Exclusively family law. Services offered in Oregon and Southwest Washington, with offices in Portland and Astoria.
The COVID-19 pandemic has –at least temporarily –changed how American society functions. While things will eventually go back to some version of a “new normal,” the financial and economic impact of the pandemic will have lasting consequences on many Oregonians. Among the many lasting effects of the pandemic is the impact on those who are in the process of going through an Oregon divorce.
If you were considering filing for divorce before the COVID-19 pandemic hit, or believe that your spouse is contemplating a divorce, contact one of the dedicated Oregon family law attorneys at Gearing, Rackner & McGrath, LLP.
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How COVID-19 May Impact the Division of Debts and Assets in an Oregon Divorce - Gearing, Rackner & McGrath, LLP
Even if the spouse filing for divorce does not know where their spouse is, they can still file. The spouse must make a diligent effort to locate the other spouse. If the spouse is still not found, the filing spouse may serve the other spouse by publication. Using this method, the plaintiff spouse my place the Summons in the local newspaper.
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Can I get a divorce if I do not know where my spouse is? - Gearing, Rackner & McGrath, LLP
Parents who are divorced may need a court to determine custody and financial support of the child. If the court gives custody to one parent, the non-custodial parent has to pay child-support.
In Oregon, if the parent does not pay their child support, the custodial parent may enforce the child support order by going to court or filing a claim with the Oregon Child Support Program. The Program can enforce the child support order by collecting the owing parent’s tax refund, suspend their driver’s license and garnish their wages. A judge may even find that the parent owing the support knew they were violating the child support order and find him in contempt of court.
https://grmfamilylaw.com/what-happens-if-a-parent-does-not-pay-court-ordered-child-support/
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What happens if a parent does not pay court-ordered child support? - Gearing, Rackner & McGrath, LLP
In no-fault states, such as Oregon and Washington, spouses do not have to provide a specific reason in order to file for divorce.
As a no-fault divorce jurisdiction, Oregon law does not require that a spouse has to have done anything wrong to file for divorce. At least one spouse must show that the spouses have irreconcilable differences.
https://grmfamilylaw.com/what-are-the-legal-grounds-for-obtaining-a-divorce/
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What are the legal grounds for obtaining a divorce? - Gearing, Rackner & McGrath, LLP
In Oregon, a legal separation is similar to a divorce in that upon entry of a judgment of separation, a judge will divide the couple’s debts and assets, make child custody and parenting time decisions, and determine whether spousal support is necessary. The primary distinction between a legal separation and a divorce is that, even once a legal separation is final, the couple is technically still married. Thus, neither spouse can remarry unless one of the spouses later changes the separation to a divorce.
https://grmfamilylaw.com/services/divorce-attorney/faqs/what-is-separation/
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What is separation? - Gearing, Rackner & McGrath, LLP
When a court determines which parent gets legal custody, the best interest of the child is the standard. Oregon law set factors to determine child custody. The court may decide that one or both parents should have legal custody of the child.
To learn more about child custody and how it is determined, visit https://grmfamilylaw.com/how-is-custody-determined/
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How Is Custody Determined? - Gearing, Rackner & McGrath, LLP
Although the parents are not together, they may still work together to establish a stable and happy environment for their child. In situations involving cooperative co-parenting, the parents may decide to have joint custody of the child. Joint custody is when both parents share decision-making for the child. Joint custody can be joint legal, joint physical, and joint legal and physical custody. https://buff.ly/37NrjrJ
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What Is Joint Custody? - Gearing, Rackner & McGrath, LLP
In divorce and custody cases, the court must decide the arrangements and responsibilities for each parent regarding the child’s physical, financial and legal support. A parenting plan outlines the custody and parenting time for the parents.
Once the parenting plan is completed, it becomes a part of the court order in the divorce or custody case. A parenting plan can be general or detailed. A general parenting plan contains an outline of parental responsibilities, and parenting time is allocated between the parents. The plan must state the minimum amount of parenting time and access the noncustodial parent can have. The general parenting plan may also provide a provision that allows the parents to make a more detailed plan without going through the formal court process.
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What Is A Parenting Plan? - Gearing, Rackner & McGrath, LLP
The COVID-19 outbreak came unexpectedly. Its wide-reaching effect on courts and legal services has also created complications in divorce issues. An experienced divorce attorney at Gearing, Rackner & McGrath LLP can help you assess concerns regarding the pandemic as they relate to settling a divorce case. Contact our office in Portland today at 503-222-9116.
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Settling a Divorce During a Pandemic - Gearing, Rackner & McGrath, LLP
In helping clients through the divorce process for over 15 years, we have found that providing some idea of what to expect throughout the Oregon divorce process is a good first step to easing our clients’ anxieties.
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What to Expect During the Oregon Divorce Process - Gearing, Rackner & McGrath, LLP
Children deal with the effects of divorce during and after the divorce process. Unless the parents remarry, divorce is a continuing circumstance. Therefore, parents must actively help their children find ways to deal with the divorce healthily. Here are ten ways to help children deal with divorce.
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10 Ways to help children deal with divorce - Gearing, Rackner & McGrath, LLP
During divorce proceedings, the courts resolve certain matters pertaining to division of property and spousal support. If spouses have children together, the court must also decide child custody and child support.
Once the child custody and child support order are in place, both parents can plan for the child’s education. The parent with the physical custody is likely to enroll the child in the designated public school for their address. If the legal parent decides to place their child in a private school with tuition, both parents may plan to find a school that is affordable for the paying parent or parents. For post-secondary education, such as a four-year college or university, vocational training, and technical training, one or both parents can set up a college fund or trust fund to pay for the education.
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Divorce and planning for your child's education - Gearing, Rackner & McGrath, LLP
When a couple gets married, each spouse brings what the possessions they own to the marriage. During the marriage, the couple may acquire and share additional real and personal property. Once one or both spouses decide to end the marriage, each is entitled to certain property, support, and, if children are involved, visitation.
Divorce can be an overwhelming process. An experienced divorce attorney at Gearing, Rackner & McGrath LLP can help you understand the process and protect your rights and obligations. Contact our Portland office at 503-222-9116 to find out what you may be entitled to in a divorce.
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What am I entitled to in a divorce in Oregon? - Gearing, Rackner & McGrath, LLP
When spouses file for divorce, their retirement assets are property assets in the distribution of the separate and community property of the spouses. The division of the retirement assets may financially impact both spouses.
https://grmfamilylaw.com/how-to-divide-retirement-assets-during-an-oregon-divorce/
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How To Divide Retirement Assets During An Oregon Divorce? - Gearing, Rackner & McGrath, LLP
Oregon is not a community property state. Oregon is an equitable distribution state, which divides and distributes community property based on what is just and fair under the circumstances.
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Is Oregon A Community Property State? - Gearing, Rackner & McGrath, LLP
Under Oregon’s psychological parent doctrine, a stepparent may be able to retain legal rights to their stepchildren if they can establish there is a parent-child relationship between them.
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Custody and Stepchildren - Gearing, Rackner & McGrath, LLP
The rate of spouses age 50 or older getting a divorce in the United States has significantly increase over the past few decades. Divorces may also occur between older couples in long-term marriages, which are known as gray divorces.
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Getting Divorced Later In Life - Gearing, Rackner & McGrath, LLP
Online activity could be used against a spouse in a divorce case. What you say and do online can impact divorce proceedings if the information is relevant to the divorce issues.
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How Online Activity Can Impact Divorce Proceedings - Gearing, Rackner & McGrath, LLP
