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Salem Divorce And Family Law Blog

What are the grounds for a divorce in Oregon?

When things are not going well in a marriage, it may take a significant amount of time to realize that divorce is the only option and the marriage cannot be reconciled. During this period of trying to make things work, it is a good idea to learn about how divorce works in Oregon.

You should also look into the potential financial and logistical implications specific to your marriage. Performing this research before deciding to file means that you will be well-prepared if you did eventually decide to move forward with a divorce.

How addiction affects child custody

If you are a parent who has recently separated with your partner, it is likely that the question of child custody has become very significant for you. It is common for parents to have concerns about their child's welfare when in the custody of other caregivers, especially when they have evidence of issues with addiction and substance abuse.

If you are a parent who is concerned about the other custodian's possible substance abuse, or if you are someone who has struggled with addiction in the past but are determined to be a good parent to your child, it is important that you learn where the law stands when it comes to addiction and child custody in the state of Oregon.

Understanding surrogacy law in Oregon

If you want to become a biological parent but for personal reasons or health reasons cannot carry a fetus to full term, it is possible to conceive a child through the means of surrogacy. Surrogacy is the act of implanting an embryo into a woman who is willing to carry a fetus that is not genetically hers to full term. After the baby is born, the biological mother will assume custody of the child, along with her partner if she has one.

It goes without saying that the surrogacy process is not without controversy and needs a great deal of legal supervision in order to ensure that everything goes smoothly. If you are considering surrogacy, it is important that you take the time to understand where the law stands in Oregon.

How to change your name after a divorce

After you file for a divorce, you will probably want to change your name to reflect the change in marital status. While topics on the divorce process are usually well-versed, the process of changing names after a divorce is generally a less discussed topic.

If you changed your name to include that of your spouse when you got married, in theory it should be quite easy to have it changed back. You only need to make this request in front of the divorce court judge in order to restore your name back to what it was before you got married.

Coping with an emotionally straining divorce

Going through a divorce can be one of the toughest emotional experiences that you will ever have to go through. Many people focus on the importance of getting a good financial result after a divorce. However, it is more vital that you process the divorce in a healthy way and that you get the peace of mind that you deserve.

Dealing with stress and accepting "failure" after the end of a marriage is important in order to be able to move on. The following are some key coping strategies that can help you to move forward with your divorce.

Proving that an Oregon parent is unfit

When a person is recognized as a biological parent, he or she has assumed parental rights over his or her child. This means that they do not need to prove anything in order to have visitation rights and custody over their child. However, in some circumstances, these rights can be taken away.

When parents have been abusive or have neglected their child, the child custody courts will obviously take action to protect the child in question at all costs. This will usually mean taking away the parent's custody rights. However, many situations are less clear cut. The following is how the child custody courts work to establish whether a parent is unfit.

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.

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