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Salem Divorce And Family Law Blog

How is fair alimony calculated?

If you are divorcing your spouse amicably, it is ideal if you can mutually decide on as many decisions as possible together. This can range from the dividing of the house and other assets, to child visitation, support and alimony. The more that you can decide together, the better coparents you will be and there will be less chance of resentment in your relationship.

If you decide that you want to determine the terms of your alimony together, you need to start by sitting down and weighing in on all of the factors that come into play. When courts calculate alimony payments, not only do they base the ruling on the income of the breadwinner, but they take into account the other spouse's future ability to earn money.

How to take legal custody of your grandchildren

Sometimes, biological parents are not in a fit state to take care of their dependent children. This could be due to many factors including mental illness, drug or alcohol addiction or the fact that they are serving a prison sentence. Children whose parents are unable to adequately care for them may have to enter the foster care system. However, a great alternative to this is if another family member, for example a grandparent or grandparents, can take full custody of them instead.

This blog will provide a brief overview into how grandparents that want to gain full custody of their grandchildren should start the process, and what general factors they should take into consideration.

What are the benefits of divorcing amicably?

Going through a divorce signifies that you and your partner have irreconcilable differences and that it is better for both parties (as well as any children you may have) to spend your lives apart. Although this is true, it does not necessarily mean that you cannot go through a smooth, sensible and amicable divorce process. There are many services that now offer a way to help estranged couples to settle their divorce collaboratively and move on in their lives while wishing each other well.

This blog will provide a brief overview into the benefits of a collaborative divorce, and how the process takes shape.

Preparing for divorce financially

A great deal of emotional preparation, frustration and acceptance comes before deciding to move forward with a divorce. However, at the same time, it is vital to also prepare in practical ways. Once of the biggest aspects of this preparation is through the financials. Over the years, you are likely to have become intertwined and interdependent when it comes to income and expenses. So now a process must start whereby you can start to untangle your affairs.

This blog will offer a brief overview into some simple ways in which you can start you get your finances ready for a divorce.

What are the different types of child custody?

When navigating the often confusing world of child custody law, it can be difficult to know what type of custody you would like to file for, or what type of child custody you might be entitled to. However, it's not as confusing as it might seem once you understand the terms.

This blog will serve as a brief overview on the main types of child custody and what they mean.

The law on same-sex divorce

Prior to a ruling in 2015, many same-sex spouses had a difficulty in getting legally divorced. The U.S. Supreme Court's 2015 ruling in Obergfell v. Hodges legalized gay marriage nationwide, and this made the divorce process much easier and standardized.

However, there are still some challenges. This blog will give an overview of the challenges of same-sex divorce and what can be done to overcome them.

What are my visitation rights as a grandparent?

Relatively recently (in the last 40 years) has it been a right as a grandparent to be able to seek to visit a child. Now, every state had a legal stance on visitation rights for grandparents and other non-parental relations.

Variations by state

Should your parenting plan address leaving your child home alone?

You don't think your child is old enough to stay home alone, but your spouse does. Now you're thinking about getting divorced. Should your parenting plan address this topic?

It may be wise, especially if you think that the child's safety could be an issue. The child's best interests are always the focus of these cases. If he or she would not be safe at home without an adult, you may want to propose a plan that lays out rules about how much freedom the child gets.

How prenups can help with property division

Property division is an intrinsic issue to the matter of divorce. Every couple will have some assets that they need to properly divide during a divorce. In Oregon, an equitable division of property and assets will be performed, though this doesn't necessarily mean that the property and assets will be equally divided.

One way that couples can address the property division issue before it pops up, and even before a divorce pops up, is by signing a prenuptial agreement before they get married or a postnuptial agreement after they are married. Prenuptial agreements can address things such as a family business or an estate plan, as well as property division issues in case of a divorce in the future.

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