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Salem Divorce And Family Law Blog

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.

Can we adopt as an unmarried couple?

If you are an unmarried couple in the state of Oregon, you may consider yourself in a lifetime partnership regardless of the legalities. Therefore, if you are considering going through the process of adopting a child, you may wonder if you will be treated on the same terms as a married couple would.

It is important that you understand the laws that specifically apply to Oregon in a situation such as this because adoption law can vary significantly from state to state. In order to adopt in Oregon, you must have been a resident of the state for at least six months.

When is the other parent's discipline too harsh?

If you are co-parenting with the other parent of your children, you may not always agree on the way to bring up your kids. This might be true for things such as education and discipline. While there is no one right way to bring up your children, you may have concerns about the way that the other parent chooses to discipline them. Perhaps you believe that their method of discipline is simply too harsh or that their strategies are bordering on abusive.

If you are concerned about the welfare of your children when they are under the care of the other parent, it is important that you do not delay action if you believe that the behavior is abusive. If you believe that your children's safety is being put at risk, you have the right to refuse custody if you genuinely fear for their safety.

Common questions about uncontested divorces in Oregon

Going through a divorce is never easy, but there are many factors that can make it much harder and stressful than it needs to be. One of these factors is going through a contested divorce in which you decide to challenge your divorcing spouse on every possible detail of the divorce.

More divorcing spouses are deciding that they would like to work with their ex in order to reach a mutual agreement. The following are some of the most frequently asked questions about uncontested divorces in the state of Oregon.

Dividing property in the state of Oregon

The process of going through a divorce will differ largely depending on the state in which you file for a divorce. When it comes to dividing the marital property, states generally fall into two different categories: states that follow equitable distribution law, and states that follow community property law.

The state of Oregon follows equitable distribution law, which generally means that a fair distribution of assets between each spouse is aimed for by the courts. This is opposed to community property law, which generally results in a 50-50 split between spouses of all marital property.

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