Common Mistakes to Avoid When Going Through an Oregon Divorce
Gearing Rackner & McGrath LLP
by Gearing Rackner & McGrath
9M ago
Divorce is an intricate process that requires the careful navigation of finances, children, equities, and emotions. This complexity is amplified by the fact that no two states have identical divorce laws, making it difficult to know what to expect. In our experience as a leading Oregon family law firm, we have noticed a pattern of common mistakes people make when undergoing the divorce process. Here are the most recurring ones to help you navigate this challenging phase of your life as smoothly as possible. Mistake #1: Allowing Emotions to Dictate Decision Making Emotions run high during a div ..read more
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Washington Appellate Court Reversed Trial Court’s Division of Couple’s Assets in Recent Divorce Case
Gearing Rackner & McGrath LLP
by Gearing Rackner & McGrath
1y ago
Recently, the Court of Appeals of Washington, Division 2, issued an opinion in a family law case discussing how courts divide a couple’s assets during a divorce. Ultimately, the appellate court determined that the trial court made a “significant mathematical error.” Thus, the court reversed the judgment and remanded the case for further proceedings.  The Facts of the Case According to the court’s opinion, after approximately 30 years of marriage, the wife filed for divorce in June 2020. At the time, the couple’s children were all over 18, with the exception of their youngest. They also ha ..read more
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Is It Ever Worth It to Keep the House in a Divorce?
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
The Oregon divorce process addresses and resolves issues involving child support, custody, parenting time, spousal support and property distribution. The court decides all matters concerning the parent-child relationship by applying the best-interest-of-the-child standard.  A couple brings their property into the marriage and accumulates more throughout the marital relationship. When they decide to get a divorce, they divide the property. They may agree on which items each person should have and do not dispute who should own the property. In other cases, both parties want the objects and ..read more
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Oregon Appellate Court Affirms Trial Court’s Division of Couple’s Property in Favor of Wife
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
One of the most hotly contested issues in many Oregon divorces is how the couple’s assets should be split up. If a couple can agree on how to divide their assets, they are free to do so, and the courts will usually respect a couple’s decision. However, in the event of a disagreement, the court must use its judgment to distribute the couple’s assets, which can leave one spouse feeling as though the division wasn’t fair. This is exactly what happened in a recent Oregon divorce opinion released by the Court of Appeals of Oregon.  The Facts of the Case The husband and wife were married in Mex ..read more
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Child Custody Modification
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
In the United States, millions of minor children depend on their parents to provide food, clothing, shelter, healthcare, safety and guidance. They may live in different parental homes – some with married or cohabitating parents, others with single-parent living arrangements. According to the United States Census Bureau report for 2021, over 42 million children live with their married parents, and more than three million reside with their parents who are unmarried partners.  Single-parent homes may occur due to death, divorce, separation, end of a nonmarital relationship, or absence of the ..read more
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Do Oregon Stepparents Have a Right to Child Custody?
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
A family consists of people related by blood, marriage and adoption. It also can include individuals so closely connected that they feel like family. Some families in the United States do not contain traditional family members.  For decades, the conventional family was married parents and children of the marriage. In 2020, more than 1.6 million marriages occurred in the United States. However, over 630,00 divorces happened in the same year. Oregon’s Center for Health Statistics reports that close to 22,000 marriages happened in 2020 with the number of divorces nearly 50 percent of th ..read more
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Paying Child Support for Adult Children
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
Children are the youngest and most vulnerable group of people. Depending on their ages, they do not have the ability or access to provide food, shelter, clothing, and other necessities for themselves. As kids become pre-teens and teenagers, they can do more things for their self-care; however, some laws regulate their abilities to establish completely independent lives from their parents. Each parent has the right and responsibility to take care of their children. Oregon law also entitles each parent to the custody and control of their child.  State law gives both parents equal rights and ..read more
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How To Get a Restraining Order For a Child
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
Children depend on adults to protect, provide, and teach them. They are one of the most vulnerable groups in the world. Because most children cannot take care of themselves, they trust adults to obtain food, shelter, health care, clothing, transportation and education. Unfortunately, an adult can violate the trust by abusing the child.   The Centers for Disease Control states that child abuse and neglect are common occurrences, with at least 1 out of 7 children abused or neglected throughout the country. More the 600,000 children in 2020 were victims of child abuse in the United Stat ..read more
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Life After Divorce: What You Need to Know
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
Marriage can become a part a major part of a person’s identity.  As time passes, the marital family may expand to include children. The couple then assumes the roles of spouses and parents. They continue to combine their lives financially and emotionally.  With more than 1.6 million marriages occurring in the United States each year, most couples believe the union will last forever. However, some spouses eventually seek a divorce. Oregon has nearly 15,000 divorces each year. Marriages end for different reasons, including infidelity, lack of communication, or financial strain. For som ..read more
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7 Signs You’re Headed for a Divorce
Gearing Rackner & McGrath LLP
by Adam Shelton
1y ago
Marriage is a union that bonds two people together as spouses. In Oregon law, a marriage is a civil contract between males and females at least 17 years old. The potential spouses must be capable of understanding what they are doing, consent to marry, and make the marriage official with a ceremony.    Approximately 2 million couples marry yearly in the United States, with an average of 25,000 marriages occurring in Oregon. Individuals marry for different reasons. Commonly, couples express their desire to marry because of the love and romantic feelings they have for each other. Howeve ..read more
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