Richard E. Fowlks, Attorney at Law

Portland Family Law And Estate Planning Blog

Property division must take your budget into account

When you think of property division, you might think of the large assets like homes and cars. These are often the first assets that are divided so that the smaller ones can be used to balance things out. Many people are tempted to try to hang on to the highest value items, but this might not always be a good idea. We can help you determine what feasible options for dividing property might be in your best interests.

One thing to consider when you are trying to determine what to fight for is that you are going to be solely responsible for paying the related expenses. You must remember that you are relying on your own income at the end of the marriage.

Set your plan for all aspects of your divorce

It is easy to become wrapped up in the practical matters associated with divorce. When this happens, your emotions might be left behind. This can mean that you aren't adjusting well and that you might eventually crash. There are several things that you can do that can help you feel less stress and thrive emotionally even when you are dealing with the end of your marriage.

One of the most important things for you to do is to grieve the end of the marriage. Even if you are happy that you are finally free, you will still have some pangs of sadness over the loss of what you thought would be a forever relationship.

Child support payments can be co-mingled with household funds

As the parent who pays child support, you might want to know where the money is going. Many individuals find it difficult to hand money over to their ex, even if it is for their children. Unfortunately, there might not be an opportunity for you to find out how your child's other parent is spending the money. We know this is difficult to accept, but don't let it stop you from making payments as ordered by the court.

One thing that many people tend to forget about child support is that it can be co-mingled with the recipient parent's other funds. They don't have to hold the financial support for the child in a different account. They are allowed to use the money for anything that is necessary for the child, which can include utilities, mortgage payments, school costs and other expenses. While it might look like your ex is using the money for self-serving purposes, this likely isn't the case.

Don't try to compare your divorce to others

A divorce is a personal journey, so you have to ensure that you are making decisions based on the circumstances you face. Trying to compare what your friend or family member went through with what you are going through can lead to frustration. Instead of trying to look at everyone else's matters, focus on your own divorce. This can make it easier to make decisions that are best for your life now and also in the future.

You probably know people who had very contentious divorces and you may know some whose were more amicable. When you file your own petition for divorce, you should strive to be like the latter and not the former. A contentious divorce is hard on everyone involved. To that end, try to focus on the positives of every situation. Be willing to compromise so that you can move forward with your single life.

Causes of divorce you may not have considered

When a divorce happens, most people assume that an obvious or common trigger was the reason. Many people get divorced because of infidelity or falling out of love, to name a couple of well-known examples. In these cases, the cause of divorce seems apparent, though that is not always the case.

If you're considering getting a divorce here in Oregon, you may have other reasons for doing so. There are many relationships here in Oregon and elsewhere that break down due to, as experts say, silent killers. These reasons may not be obvious to anyone but the two people in the relationship. Sometimes, one or both people don't realize anything is wrong until the damage is done. Researchers advise people to watch out for the following signs.

Probate entails various points, take them one at a time

Some adults choose to create an estate plan that includes a will, and sometimes, trusts. Anyone who is responsible for the handling of the estate when a loved one passes away should be prepared for the duties that come with this task. It isn't always easy because some estates are fairly complex. Knowing how to take care of the necessary tasks can make doing them easier when you are already dealing with the emotional trauma that comes with the loss of your loved one.

We know that many people have some questions about what they are going to have to do. This is common, so finding out how the laws apply to your situation is imperative. You can't make errors when you are handling these matters because serious repercussions can come if you don't handle things correctly. We are here to help you with these legal matters.

Divorce can change the direction of a business

When you get married, you assume it will be forever. This is understandable, but you can't be so focused on that point that you make mistakes that can cost you dearly if the marriage does fall apart. If you have a family business, you need to think about what might happen to that if you do go through a divorce. The possibilities might be rather frightening.

There are a few ways that a business can be handled in a divorce. Of course, if you had the business going into the marriage, you may have a prenuptial agreement that outlines what is going to happen. If this is the case, the terms of the agreement will be followed as long as the court doesn't determine that they overly favor one party.

Know what to expect when you are going through a divorce

The end of your marriage might bring up many emotions, so you have to figure out how to handle those or else they might consume you. While everyone is different about this aspect of a split, one thing that you can count on is that you will often feel like you are on an emotional roller coaster. You might be happy to be free one minute and upset that your spouse is gone the next.

We know that one of the factors that can sometimes have an impact on what you are going to do is to know what is possible. Being able to have an idea of what is going to happen might help you feel more in control of your future. This can also help reduce the stress that you feel.

Build the life you deserve after divorce

One of the things that many people wonder when they are divorcing is whether they will ever be happy again. You should remember that your broken marriage is likely one of the primary causes of stress and negativity in your life. When you choose to call it quits, you are taking the first step in being able to build a peaceful new life that you can fully enjoy. You aren't having to deal with what might make your ex happy or cranky. You can focus on yourself.

You need to make sure you are giving yourself the best chance at happiness possible by working through the emotional aspect of the split. You might be upset that the marriage ended. You may be sad about all of the things you thought you'd experience during the marriage and know that you won't get to know. The emotional battles that you are facing aren't likely going to go away. In fact, you might feel like you are on a roller coaster with them. Your focus needs to be on how to face them in an appropriate manner, so you can continue to move forward.

Divorce prep, do not forgo it

Are you ready to end your marriage? You may think you are, but you may want to consider doing some things before jumping right into divorce proceedings. Look, wanting to get it over with as soon as possible is understandable. Any Oregon resident in your shoes likely feels the same way. However, divorce prep is key to getting through it relatively unscathed.

A number of attorneys from all across the country contributed to an article about divorce preparation that was released in 2018. The following information may just help you achieve a divorce agreement that is fair and sets you up for post-divorce financial success. So, what things might you want to do before filing for divorce?

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Richard E. Fowlks, Attorney at Law
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Portland, OR 97232

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