Richard E. Fowlks, Attorney at Law

Portland Family Law And Estate Planning Blog

Determine what happens to the marital home in divorce

People who share a home will often become emotionally attached to that dwelling. If the relationship ends, at least one person will have to say good-bye to that house. Determining the fate of it can be difficult, especially when you add in the emotional attachment. Anyone who is going through this situation must find a way to put those emotions aside and focus on the practical side.

There are two primary ways that a home can be handled in divorce. One is that it is sold, and the other is that one party buys the other one out. Deciding which one is appropriate for your case depends largely on the financial aspect of the situation.

What factors determine whether you will get alimony?

Like many others who go through a divorce, you are probably concerned about how your choice to end your marriage will affect your financial health. The decisions made during this process will directly impact you for years to come, and it's crucial to secure terms that allow you to have a strong and stable future. One of the ways you can find this security is through a spousal support order.

Not everyone who goes through a divorce is eligible for spousal support. However, if you think you are eligible for these payments, you would be wise to fight for the full amount you need and deserve. Before you agree to terms or start negotiating on the terms of your divorce order, you may find it beneficial to learn as much as you can about alimony and whether you are eligible.

The end of your marriage requires careful thought

A divorce is a challenging situation for everyone involved. It is critical that you do what you can to protect yourself when you are going through this situation. We know that you might have some questions about what you should do and what's possible during this time.

One thing that you should remember is that your divorce is a personal experience. You can't base your decisions off what happened to someone else. This is one lesson that some people don't think holds true because they hope that they will be able to use strategies a friend used that ended up working out in their best interest or avoid certain things that led to bad news for that friend.

New decade: Create or review your estate plan right away

With the start of a new decade, people around the country are making resolutions for things they feel will improve life in the upcoming year and beyond. Some people are forgetting one important resolution that can help not only you as you navigate through your future, but can also help your loved ones when you are gone. This is estate planning.

One of the most important things to do is to get your plan legally established. This means taking the time to establish trusts if you are using them and writing out the will, but your estate plan goes far beyond this. You also need to make your plans for end-of-life medical care and your final arrangements.

Carefully consider the timing when you are ready to divorce

People who have been in a faltering marriage for a while might decide that their New Year's resolution is going to be getting a divorce. Filings to end a marriage spike at the start of the year, so you aren't alone if you are in this position.

There are many reasons why people choose the start of the year to file. One of these is that they view the new year as a time for new beginnings. The divorce enables them to begin their new life as a single person.

Longer marriages have challenges when you divorce

When you've been married for a decade or longer, you might have some challenges that people who have shorter marriages don't have when they split. Planning for moving past these can help you feel more stable as you start your new single life.

One thing that many people don't acknowledge in these cases is that the breakdown of the marriage began a long time before the union actually ended. Things like financial difficulties and major life changes might have pushed the decision along.

Don't let your Oregon divorce ruin your holidays

If you're currently preparing to navigate the Oregon civil justice system to obtain a divorce, you might be more than a bit concerned about your children's ability to cope with the situation. Even more so, you might be feeling anxious about the holiday season since you know the life changes you're going through will likely have a significant impact on your kids, and on the way you celebrate holidays and special occasions from now on.

Try to remember that getting divorced doesn't make you a bad parent nor does it necessarily mean you can't enjoy the holidays. A key factor to avoiding divorce-related problems during the holiday season is to be thorough in writing the terms of your co-parenting agreement. It's also a good idea to think ahead, and to know what to do if a specific legal problem arises.

Small assets must be split in property division

Many people think about the major assets when they think about the property division process in a divorce. It might not really be shocking to think about other things that have to be divided, but these smaller items can pose a real challenge. It is imperative that you think carefully about these aspects of the split.

Each room of the home has items that need to be split up. These are things like the living room furniture, the bedroom set, lamps, dining room table and chairs, and similar items. Deciding who gets to keep all of these items is necessary so that the divorce can proceed.

An amicable divorce can reduce your stress

When you go through a divorce and have children with your ex, you won't have the option of never speaking to your ex again. Because of this, you should try to remain as amicable as possible. This might be challenging, but it is fully possible.

Being able to be friends with your ex isn't going to happen right away. Your emotions are likely going to be raw right after the divorce, so you have to give yourself time to heal after the filing. During this time, your focus should remain on trying to be mentally ready for having to work with your ex about the children.

Support orders must address extraordinary medical expenses

Child support is ordered when parents split up. This is meant to cover some of the basic expenses of raising a child, but it isn't intended to cover everything. What some people don't realize is that there are some expenses that are considered extraordinary. One expense that can fall under this category is a medical cost that isn't covered by insurance.

These extraordinary medical expenses are usually addressed by the child support order. Reviewing this enables you to find out what formula is used to determine which parent is responsible for which costs. This might be a percentage of costs or it could be that one parent is liable for all expenses after the other has paid a certain amount during a specific time period.

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Richard E. Fowlks, Attorney at Law
1607 N.E. 41st Avenue
Portland, OR 97232

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