The Law Office of Alexander M. Jones Salem Divorce Lawyer | Custody Battles, Visitation Rights 2025-03-31T13:49:46Z https://www.amjlawoffice.com/feed/atom/ WordPress /wp-content/uploads/sites/1603557/2024/06/cropped-Favicon-32x32.png On Behalf of The Law Office of Alexander M. Jones <![CDATA[Will adultery impact my divorce in Oregon?]]> https://www.amjlawoffice.com/?p=46788 2022-03-07T17:02:25Z 2022-03-23T16:00:27Z Oregon is a no-fault divorce state In no-fault divorce states like Oregon, you will not establish fault or cite a specific reason (e.g., one spouse committing adultery) for the divorce. You will simply cite “irreconcilable breakdown of the marriage” as the reason for divorce and the court will generally not ask about infidelity or any other misconduct that occurred during the marriage.

Adultery can impact alimony and other factors

While infidelity does not generally impact the divorce process, it can play a role when it comes to alimony and custody determinations. The court may consider infidelity in the following situations:
  • The unfaithful spouse was spending a significant amount of money on their affair partner, resulting in financial harm to the other spouse (e.g., marital debt).
  • The unfaithful spouse’s affair caused the other spouse emotional distress which prevented them from keeping a job.
  • The unfaithful spouse endangered child because of their affair.
Adultery may be devastating to a marriage but may not always have an impact on legal matters relating to your divorce. An attorney can guide you throughout the divorce process and help determine if adultery will play a role in your divorce.]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[Defeating a prenuptial agreement in Oregon]]> https://www.amjlawoffice.com/?p=46785 2022-02-22T07:49:38Z 2022-03-09T07:30:07Z Oregon statutes provide five specific reasons which allow the courts to invalidate a premarital agreement.

Failure to follow the formalities

Prenuptial agreements are enforceable only if both parties sign the agreement prior to the wedding. The failure of either party to follow this requirement will allow the court to declare the agreement invalid. A premarital agreement can also be voided if the party against whom enforcement of the agreement is sought can prove that the agreement was unconscionable when it was executed.

Unfairness of the agreement

Both parties to a prenuptial agreement are required to make a full and adequate disclosure of their assets and liabilities to the other party before the agreement is signed. If the party seeking to enforce the agreement has failed to obey this requirement, the agreement cannot be enforced. In addition, proof that the party against whom enforcement is sought did hot have and could not have reasonably had adequate notice of the other party’s assets and liabilities will bar enforcement of the agreement. An important aspect of an action to enforce a prenuptial agreement is that any issue concerning the unconscionability of the agreement must be decided by the court as a matter of law. Thus, juries play no role in this type of lawsuit. Anyone concerned about the enforceability of a premarital agreement may wish to consult an experienced divorce lawyer for a review of the facts and an opinion ass to whether the agreement may be enforced.]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[Can a divorce case be reopened with the discovery of assets?]]> https://www.amjlawoffice.com/?p=46783 2022-02-09T11:51:17Z 2022-02-24T11:50:44Z law says about this potentially difficult situation.

How the court will handle assets discovered after a completed divorce

The court will reopen the case if there are substantial assets found. The assets can belong to one or both parties. For the case to be reopened, the assets must have existed when the judgment was made and were not found until after the judgment. The case will be assessed differently depending on whether the assets were intentionally hidden or it was a simple mistake. For the latter, the court will reopen the case to distribute the assets fairly. It is different if the assets were hidden with the intention of keeping them from being subject to property division. When the assets were hidden on purpose, the court can divide them based on their appreciated value; order that the assets be forfeited to the party who was not advised of their existence beforehand; order compensation; order punitive damages; and make other determinations to come to a fair conclusion. There can also be an order for the party who hid the asses to pay legal fees of the damaged party. The filing for unintentionally omitted assets must be made within two years of their discovery but not later than three years following the judgment. If it was intentional, it must be done within two years after it was discovered but no later than 10 years after the judgment.

To reopen a case because of omitted assets, assistance may be useful

The objective with property division in an Oregon divorce is to come to a fair outcome. That is only possible if all the assets are accounted for. Whether the assets were inadvertently withheld or a person, for example, had a hidden bank account or other assets, it is vital to know what the law says about reopening the case. It is preferable to ensure all the marital property is accounted for beforehand, but if it is not and it is found out later that assets that should have been included were not, having assistance to deal with the misstep is key.  ]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[Preparing for life after a gray divorce]]> https://www.amjlawoffice.com/?p=46781 2022-01-24T10:36:53Z 2022-02-09T10:36:18Z qualified professional can help with. These include decisions on health insurance, retirement accounts, children or estate planning matters. Knowing you will be financially solid after your divorce will help ease much of the stress and uncertainty.

Looking toward the future

Along with these factors, it is important to consider your mental and emotional health during and after your gray divorce. Several years, or even decades, may have passed since you were single, and being independent again can be exhilarating, but also scary. No matter what happened between you and your spouse over the years, maintaining an amicable and respectful relationship with them can help tremendously, particularly if you have adult children. Many divorces today can be accomplished without having to enter a courtroom. Collaborative divorce and mediation are non-adversarial methods of resolving a divorce, while avoiding the cost and stress of courtroom litigation. Creating or rekindling friendships is one of the biggest things that you can do to help you through your gray divorce. Social connections help us flourish as human beings, and if you find yourself feeling lonely post-divorce, joining a local social group, taking a new class or volunteering are great ways to help reconnect with the world and build new relationships. Gray divorce is often the right choice for older couples who recognize that their marriage has run its course. Although the decision to divorce may be difficult, it can serve both spouses best interests.  ]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[Understanding gray divorce]]> https://www.amjlawoffice.com/?p=46777 2022-01-07T06:06:52Z 2022-01-26T06:05:50Z Gray divorce While each couple’s circumstances are unique, there are some factors that make gray divorce more common. First, some couples are choosing to have children later in life. Their children may just be leaving their home by the time the couple is in their 50s and they may decide that is the time to pursue divorce. People are also living longer than they have in the past and may know that they don’t want to spend the remainder of their life with their spouse. Also, it’s more common to have couples with two incomes, which may make one spouse less financially dependent on the other and able to move on after earning and investing their own money.

Considerations

In addition to considering their income, there are other financial topics the couple may want to think about. They may need to divide their retirement assets, like 401ks and individual retirement accounts, determine whether they would lose access to employer-based health insurance benefits and the cost of securing health insurance on their own and the financial impact of the divorce on any children they are still supporting. Outside of financial items, the couple will need to consider how they will navigate life separately, which includes evaluating family relationships, friendships and their work environment. An experienced attorney can help with questions about gray divorce and explain its potential impact on their situation.  ]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[Concerned grandparents have a number of options available]]> https://www.amjlawoffice.com/?p=46775 2021-12-30T11:56:51Z 2022-01-12T11:55:35Z legal options available to them. For example, while they are able, and may even be required, to report actual abuse or neglect to the proper authorities, they should understand that once they make a report, what ultimately happens is to some extent out of their hands.

Sometimes, getting the cooperation of the parents is the best option

In many cases, it might be best for the grandparents to convince a struggling parent legally to give some or all of the parent’s authority to the grandparents. Even though it may not involve a court proceeding, there is a formal process for taking this step which will include drafting legal documents. A grandparent cannot just assume custody informally. The good news is that this option often costs less and involves much less time and stress. It also gives both a grandparent and a parent a sense of control since either side can withdraw from the arrangement. The downside is that if the arrangement falls apart, a parent automatically resumes custody of the children even if doing creates a concerns about the child’s home environment.

Oregon’s laws allows courts to mandate grandparent custody, visitations

If the parent will not agree to let a child’s grandparents assist with caring for the child, then grandparents may be able to go to court for relief. Oregon’s laws give grandparents the right, in certain circumstances, to ask a court to require visitation. In some cases, the court may even award the grandparents custody. As a word of caution, though, courts must assume that a parent is fit to make decisions about the child, including who will or will not see the child. Grandparents will have to build up an effective legal case if the hope to succeed in convincing an Oregon court to overrule a parent’s wishes about the parent’s children. Other legal options may be available to grandparents as well.  ]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[What is the ‘best interest of the child’ standard?]]> https://www.amjlawoffice.com/?p=46769 2021-11-23T08:53:15Z 2021-12-29T08:52:00Z custody will be allocated.

What is joint custody versus sole custody?

In Oregon, joint custody means that both of a child’s parents have the authority to make decisions on key issues in a child’s life. Joint custody is different than parenting time. Parenting time refers to where a child lives on a day-to-day basis. Parents can share joint custody without necessarily having equal parenting time. Parents can even share joint custody when one parent has the child in their care full-time. In Oregon, both parents must agree to joint custody before a judge can award it. If only one parent has decision-making authority over the child, this is referred to as sole custody.

What factors will the court consider when making custody decisions?

The standard the court will use when making any child custody decisions is the best interest of the child. There are a variety of factors that the court will consider when determining what is in the child’s best interests. The court will consider the emotional ties between the child and each parent, siblings and other close family members. Each parent’s attitude towards the child and interest in the child will be considered. Whether it is desirable to continue an already-existing relationship will be considered. Whether spousal abuse is an issue will be considered. Finally, each parent’s capacity and willingness to facilitate and encourage the child to have a relationship with the other parent will be considered. The parent’s gender alone will not be a deciding factor when it comes to joint custody. In addition, a parent’s conduct, income and lifestyle will only be considered if they will harm the child either emotionally or physically.

Staying amicable can ease the transition

Parents who remain amicable during their divorce and afterwards can help their child process the changes the dissolution brings to their life. Whether joint custody or sole custody is awarded will be determined by the child’s best interests. This ensures the child’s needs are met in a way that is beneficial to them.  ]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[What will happen to my retirement plan after a divorce?]]> https://www.amjlawoffice.com/?p=46773 2021-11-23T10:38:51Z 2021-12-14T10:37:46Z divorce or legal separation, people are going to want to know what might happen to these assets. After all, the outcome may affect one’s long-term goals and plans for retirement.

Retirement plans can be marital property subject to division

Like other states, Oregon’s laws will treat defined contribution retirement plans as martial property that is subject to a division in the event of a divorce. Generally speaking, any contributions and the return on the investment acquired during a couple’s marriage is subject to a fair and equitably split as determined by the family law judge. A person has a better shot at arguing that her retirement plan should be separate if she earned the funds prior to marriage, but this is not a guarantee. A person who has questions about how his retirement plan might get divided should consider speaking to an experienced Oregon family law attorney.

Dividing a retirement plan requires several steps

Unlike other assets, tax-protected retirement plans cannot simply be divided between spouses without negative tax consequences. The couple will have to prepare what is called a qualified domestic relations order, or QDRO, for the judge to sign. They will have to then send the order to the administrator of the retirement plan. If the retirement plan administrator finds the order acceptable, the administrator will divide the fund according to the order’s terms. QDROs have to be prepared carefully and correctly in order to avoid unnecessary delays or unexpected financial consequences.]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[How would abuse allegations affect child custody?]]> https://www.amjlawoffice.com/?p=46771 2021-11-23T10:36:15Z 2021-11-30T10:35:24Z child custody arrangement reduces long-term conflict and is also healthier for the children. However, providing parents roughly equal time and decision-making authority is not always a good option. For example, where one parent has a history of abuse, especially abuse against the other parent or the child, it can be downright unsafe to allow the abusive parent lots of unrestricted involvement in the family. Oregon law recognizes the importance of protecting families from abuse. If a court finds that a parent has committed abuse, the court may presume that the child’s best interests are not served by awarding that parent either sole custody or even joint custody. The parent accused of abuse may try to persuade the judge to do otherwise. This law applies to physical abuse and sexual abuse. However, there are other types of abusive behavior which a judge may consider, as one of many factors, when making custody determinations.

If a judge believes abuse allegations, the consequences will be serious

The upshot is that if a parent proves to the satisfaction of the court that the other parent is abusive, then the other parent will likely have very limited access to his or her children and perhaps no meaningful role in making parenting decisions. For a victim of abuse, this outcome can greatly reduce stress and fear and also adds a layer of protection from further abuse. On the hand, if a parent has been falsely accused or is the target of exaggerated claims, losing custody and, possibly, parenting time can be a real injustice. When abuse allegations are in play, parents in the Salem area will want to understand their legal alternatives fully.  ]]> On Behalf of The Law Office of Alexander M. Jones <![CDATA[What happens to the family home in a divorce?]]> https://www.amjlawoffice.com/?p=46767 2021-11-19T10:36:50Z 2021-11-15T10:35:28Z what to do with the family home in a divorce. These include:
  1. Sell the home. Most couples choose to sell the family home and split the proceeds equally. A couple would need to decide on what improvements should be made to the house before it is put on the market and what the listing price should be.
  2. Buy out the other property. One spouse may decide they would like to keep the family home, so they buy out the other spouse’s share of the home. The spouse would then need to refinance the home in their own name.
  3. Co-own the home. Divorcing couples may choose to keep the home for a certain amount of time, such as when their kids graduate from high school. If a couple chooses this option they will need to discuss how the mortgage will be paid, when it will be eventually sold and who will receive the profits at that time.
  4. Divide large assets. Couples who own multiple large assets such as a vacation home, family home, large stock portfolio, etc. may choose to divvy up the assets with each person taking ownership of assets worth roughly the same amount.
A legal professional who is skilled in divorce can help a person through the divorce process. They can help guide their decisions and make sure they are protected both now and after the divorce is finalized.  ]]>