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Salem Divorce And Family Law Blog

How are child custody decisions made in Oregon?

When going through a divorce or separation with your partner, it is likely that you will need to consider how your children will divide their time between each parent. This has the potential to cause many arguments and discussions, since it is never easy to find a plan that works for everyone.

If you are in a situation where you are trying to figure out how your child will spend time between each parent, it is important that you take some time to learn about how child custody is calculated in the state of Oregon so that you know what to expect.

Do grandparents have any visitation rights in Oregon?

Oregon state lawmakers did away with the previous grandparent visitation laws in 2001, choosing instead to replace them with ones that apply to any nonparent interested in securing visitation with a child in the state.Under the current law, those third parties who possess a child-parent relationship with a minor are eligible to petition a family law judge for visitation rights with them.

In order to do so, however, the individual petitioning for such rights must be able to demonstrate that his or her personal relationship with the child existed during the six months prior to the filing.

Why could your prenuptial agreement be invalid?

You signed a prenuptial agreement before you got married, and now you and your spouse are splitting up. It's been 10 years, and you're wondering just how valid that prenup really was. Is it going to hold up or not?

Every case is unique, but here are a few of the top reasons why people have invalid prenups. Many times, they do not even know the agreements are invalid until they get to court.

  1. The prenup wasn't signed at the right time. Maybe you signed it before the wedding, but your spouse forget to sign until a week later.
  2. You never actually got the agreement in writing. Yes, you talked about it and shook hands, but there is no physical document.
  3. One of you never read the paperwork before signing. Maybe you showed it to your spouse and he or she just flipped to the last page, signed and went on with the day, never figuring it would be used.
  4. Someone signed under duress. For example, perhaps you did not want to sign, but your spouse put pressure on you by threatening to cancel the wedding after a number of large, non-refundable deposits had been made. You signed, but just to save money.
  5. There are lies or false information in the prenup. Your spouse claimed to have just $10,000 in assets when he or she really had $80,000.
  6. You did not take time to consider it properly. For instance, if you signed the document the night before your wedding, there's a good chance it will not stand in court.

Pay close attention to your children during divorce

Divorcing is hard enough when you only have to worry about yourself, but it is even more difficult when you have children at home. You have to help them to cope with the divorce while you are helping yourself to do the same. This can be challenging, but it isn't impossible.

There are many different ways that you can help your children work through the divorce. You have to figure out what is best for your child. One of the most important things that you can do right now is to try to get the child custody case settled quickly.

When is a marriage prohibited or annulled in Oregon?

In each state, the laws regarding marriage, separation, annulment and divorce are slightly different. This means that it is important to understand the exact rules within the state that you are marrying in.

In Oregon, the rules around marriage are heavily focused on the act of consent, as well as the prevention of a person acquiring more than one spouse, and therefore, illegally engaging in polygamy.

Understanding the reality of a divorce

It is always a difficult decision to decide to file for a divorce. But before you get to that place, it is important to understand the different stages of grief and development that you are likely to go through.

The process of divorce is different for everybody. However, there is an emotional process that is undertaken, as well as an administrative one. The following are some tips on how to navigate the divorce journey.

How does domestic violence affect child custody?

Unfortunately, domestic violence is a common problem in households in the United States. It is thought that a minimum of 3 million children in the United States are witness to domestic violence every year.

It goes without saying that acts of domestic violence create a hostile household environment, and can directly lead to the breakup of families. Therefore, issues of child custody battles that are a result of past domestic violence are a very frequent occurrence.

Explaining divorce to your children

One of the most difficult parts of divorce is having to explain to your children what is happening. This can be a heartbreaking thing to do, no matter what age they are. Their ages and their personalities will also have an impact on how you decide to do this.

It is very important to keep communication open with your children, and to create an environment where they can feel that they can ask you anything that they are concerned or scared about. The following are some guidelines about speaking to your children about your divorce.

When can a divorce settlement be changed?

Just because a divorce has been "settled" already, it does not mean that there are not certain things that you can do to alter it after the fact. This might be in relation to real estate or alimony.

There might be some issues that in practice do not work as well as they did on paper. It might be that just one former spouse or both former spouses that feel this way, and in these cases, motions and appeals for modifications can be made.

Visitation rights as an Oregon grandparent

Grandparents always have a special place in their heart for their grandchildren, and it can be heartbreaking if for some reason they are having difficulty in attaining the rights to visitation. Perhaps your child does not have custody of your grandchildren and the other parent is limiting access, or perhaps you are estranged from your child but you still want to maintain a healthy relationship with your grandchild. Whatever the reason, it should be possible for you to be a positive influence in your grandchildren's lives.

Unfortunately, in 2001 Oregon removed their law for grandparent visitation; therefore, there are no longer any specific provisions reserved for grandparents. However, as a grandparent, you will be considered as a nonparent who is seeking visitation rights. This is still taken seriously under the law.

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