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Salem Divorce And Family Law Blog

What are the limitations of prenuptial agreements?

Prenuptial agreements are becoming increasingly popular in today's society. This is because there is a trend of increased financial independence within couples, whether married or not. Couples are less likely to adopt the philosophy of "what's mine is yours" in their relationship, because it is likely that they both earn an income of their own.

Prenuptial agreements serve a great purpose because they help to simplify the financial aspects of a divorce ahead of time. However, they do have certain limitations. If you are considering filing for divorce and you already have a prenuptial agreement in place, it is important that you take the time to understand the nature of these limitations.

How are business assets divided during divorce?

The finances of each spouse usually become intertwined during a marriage, and as a result, spouses tend to be somewhat financially dependent on each other. If the marriage ends in a divorce, spouses will need to unravel assets and income streams so that they are able to once again live independent lives.

Dividing assets can be particularly challenging when one or both spouses own a business. Marital assets may be intentionally or unintentionally hidden within the business, and each spouse may have certain rights to gain business assets in the divorce proceedings.

What are the most common child custody battle mistakes?

Going through a court battle to ensure that you have access to your child can often feel perverse. Every loving parent should be able to have a relationship with their child if they have a positive influence.

Some well-meaning parents can, unfortunately, suffer a negative outcome after going through an intense custody battle. This can often be because they made certain mistakes and relied too heavily on their emotions throughout the process. The following are some common mistakes that parents make in a child custody battle.

The impact of parental relocation after a divorce

Divorce almost always means more than simply the breakdown of a marriage. It often means that children need to split their time between both of their parents. It also can cause each divorcing spouse to reevaluate their lives and can be a catalyst for big changes, including relocation.

Parental relocation after a divorce can be complex for obvious reasons. It can disrupt the relationship that a child has with one of their parents because of the physical distance between them. This is why it is important that parents consider fully the impact of parental relocation before making a commitment to move.

Can I take a collaborative approach to divide divorce assets?

The process of dividing assets during a divorce has the potential to cause conflict. This is so much the case that is it quite common for divorcing spouses to accept a financial fight as an inevitability. However, these drawn-out court battles tend to have a negative impact on everyone involved; they are costly, cause high amounts of stress and can even affect the emotional well-being of the children.

If you are determined to divide marital assets in Oregon without a stressful legal battle, you will need to plan ahead. Collaborative asset division is possible, but it requires that both spouses are committed to a solution-focused conversation. The following are some tips for approaching asset division.

Is it possible to arrange child custody without the courts?

Going through a divorce or separation is stressful not only on the couple involved but on their children too. This is why it is very common for separating couples to want to avoid any additional conflict in child custody arrangements.

If you and your separating partner are looking to avoid the courts when arranging child custody, it is possible to do so. However, achieving an agreement without the court's intervention is not always easy, and this is why it is important that you look into how this can be most efficiently done. Many parents decide to look into alternative dispute resolution (ADR) methods as a way to do this.

Can divorce mediation help the way I cope emotionally?

Big changes in our lives, whether they are welcome or unwelcome, can have a big impact on the way we experience the world. This change in perspective and experience can ultimately affect our mental health.

It is, unfortunately, common for people to experience mental health issues when they are facing a divorce. This can occur for a wide range of reasons, including the stress of dealing with uncertainty, the process of navigating a high-conflict relationship and the prospect of needing to resolve so many family issues. If you are struggling with your mental health while going through a divorce, it is important that you consult a medical professional.

Common questions about collaborative divorces

If you are thinking about filing for a divorce in Oregon, it is likely that you want to avoid stress as much as possible. Going through a contested divorce and engaging in a lawsuit can be financially costly, but it can also be emotionally stressful and upsetting since the entire process will be drawn out over a greater amount of time.

This is why many people decide to embark on a collaborative divorce. The following are some common questions about what collaborative divorces typically involve.

Enforcing a parenting plan in Oregon

If you have a parenting plan in place, you will expect that the other parent will respect this. However, if they intentionally or consistently violate the parenting plan, you should take this very seriously. There are possibilities for you to take action to enforce this.

You should first take the time to review the details of the parenting plan and ensure that the other parent has indeed violated the order. When you have done this, you may want to engage in written communication to notify the other parent of the violation. You may want to do this before getting the law involved because the other parent may not have realized the seriousness of their actions and may agree not to violate the plan again.

Could a postnuptial agreement help my marriage?

Every marriage can be challenging at times. It can be constant work to be a coherent team with your spouse and to grow alongside each other through the years. If you are struggling in your marriage, you may be contemplating a divorce, but you might not be sure whether you want to take such a drastic step just yet.

There are other measures that you can put into place when your marriage is struggling. Such measures can create a safety net in case the situation does lead to a divorce, but it could possibly help you and your spouse resolve your issues.

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