In this case, the wife owned a 60% interest in a piece of property prior to the marriage, and acquired the other 40% interest during the marriage. The trial court awarded the entire property to the wife as a pre-marital asset and did not include it in the division of marital property in the divorce. The Court of Appeals found that the wife’s 60% interest acquired prior to the marriage was her separate property, and not a marital asset. It also stated that the prenuptial agreement signed by the parties overrode any interest the husband might have had in the appreciation on the wife’s 60% interest under ORS 107.105(1)(f) or the Kunze line of cases. However, the Court found that the 40% interest that the wife acquired during the marriage was a marital asset. The Court stated that this interest was subject to the ORS 107.105(1)(f) presumption of equal contribution, and that the wife did not rebut that presumption where the husband made some financial contribution to the purchase, he was making financial contributions to the couple’s joint finances, and the couple used the property for “joint marital endeavors.”

The entire opinion can be found here.

Here are a few tips based on my 17 years of experience helping people during and after divorce:

1. Establish New Boundaries. Decide what things can and cannot be discussed. It is best for you to stay away from the topics of conflict until such time that you can calmly discuss them.
2. Compromise. “Agree to disagree.” This one can be tough because of pride and differences in opinion. When this happens, you need to focus and get back to the reason why you need to get along… your children. You should also acknowledge from the beginning that there will be inevitably differences in opinion. Then agree that when this happens, you should try not to talk while angry.  There should be a reasonable cooling period, and the try again.
3. Keep the promises. Once you and ex-spouse have compromised agreements, you need to keep those promises. If you agreed to take turns to pick up kids,  live up to that agreement.  Whether you followed through or not during the marriage, you need to now.
4. Continue to communicate. Communication is vital. The cold shoulder or silent treatment may have contributed to the breakdown of the marriage, and it is even more destructive to cooperation post-divorce.  You and your ex-spouse need to keep the lines of communication open even if it is awkward.
5. Consider Counseling. The Portland area has many extraordinary counselors who can help divorced couples with communication. I frequently refer people to counselors as part of our helping approach to divorce and because I believe that if successful,  it has enormous benefits for a client. If you or your ex are having difficulty with the above three points, consider getting into post divorce counseling to help with your communication issues.

Divorce is an opportunity to establish a new relationship with your ex that focuses on the children.  From my experience, parents that can focus on getting along and on the kids use lawyers less and are happier. Most importantly, there are enormous benefits for your children.

In Oregon at the time of divorce, the court can change the name of either spouse to a name the spouse held before the marriage.

Do you feel you need your former name for a fresh start? Do you have kids, and how will a name change affect the children at school and with their peers? Are you an established professional with goodwill attached to your current last name? There are a lot of considerations to go through in deciding what is the right choice for you.

If you decide to change your name, plan on spending substantial time working on it.

Here are some things that you need to do when you will change your last name:

1. Get new identification cards, such as drivers license or state ID card, social security, etc.
2. Inform people, agencies and organizations, and and companies of the change of name. You should let your bank, schools, doctors, postal office, insurance companies, business associates, family members, retirement accounts, and friends know.  Be ready for supporting documents when updating information.
3. Once you have completed #2, get a credit report to make sure your account information is showing accurately.
4. Update important papers, such as a will, advanced directive, power of attorney, motor vehicle tile, etc.

On a legal note, this site is for after the divorce! Do NOT do this during your divorce without agreement or  because of the statutory restraining order on assets.

*** UPDATE TO POST ****

The site Never Liked It Anyway appears to be down. They had a brilliant idea and I hope they are back up soon!

The lawyers at Stephens Margolin PC have substantial experience assisting Oregonians with prenuptial agreements.

1. Ditch the joint property. Remove the old things that you bought as a couple and own the place. Change the interior design according to your new self. Make it more attractive and lively.
2. Keep only what you will use. When dividing property, if you think you are going to remain in the marital home, don’t take things that you really won’t use.
3. Get some color. Spend time to research on what style your new space will look like. Explore different colors and ideas. Craft your space according to your personality this time. Change the colors of your rooms. Color can influence mood, and find some colors that go with your stuff and make you happy. If you have kids, consider leaving their rooms alone, and if you are going to paint or move things around, make sure to talk to them first and get their opinions!
4. Splurge on bedding. Throw out the bedding from the master bedroom and buy new bedding. Just do it.
5. Mix up your furniture.  Re-arrange your furniture so they layout is new and fresh.
6. De-clutter and organize. This is a great opportunity to de-clutter and eliminate stress.
7. Change your art. If you can afford to, pick an artistic style that is uniquely yours and purchase art. It helps.
8. Get good lighting. Lighting has a big effect on mood, and new lamps or brighter lights can really help.
9. Change the location of your collectibles. You can place your collectibles anywhere you want them to be. Have that special piece that your spouse hated and buried in the closet? Bring it out and be proud!
10. Purge your photographs. If you don’t have kids, change your photos to remove pictures of your ex, and bring out your family and childhood pictures. If you have kids, it is a good idea to have a picture of your ex and the kids somewhere in the house to send a message to the kids that you and the ex co-operate.

Is your spouse in the situation of saying “I don’t”? Like “I don’t want to be with you anymore”, “I don’t love you anymore”. In facing a divorce, you may be tempted to do things out of anger, distress, or frustration that you may regret in the future. The following 8 tips can help you through a difficult time to a better place.

1. Don’t be a loner. Isolating yourself will just make you feel sad and you’re giving yourself more time to pity yourself. Surround yourself with loving people because positive vibes will help you regain joy. Especially when it’s a holiday, don’t be alone. Try to be with friends or family.
2. Don’t start bad habits. Now’s not the time to drink more or start other bad habits. Treat yourself. Go to a parlor, gym, restaurant, or the mall. Make yourself important. This is the time to prove your spouse that it’s not your lost if they want a divorce. Take care of yourself.
3. Don’t jump into a new relationship. When you’re ending your marriage, you are in a state where in any opposite sex that can comfort you will be a candidate to be your center of attention. You may just mistake it for love but it’s not. Avoid a rebound relationship. Allow yourself to heal and grow. Don’t be pressured by your friends. You alone can tell when you are ready for a new relationship.
4. Don’t let your ex’ belongings stay in your place and vice versa. It will only make you remember the pain when you see things that belong to him or her. Make sure nothing will be left behind when he or she moves out. This way it is easier to move on.
5. Don’t keep on blaming. Stop blaming yourself or anybody about what happened. This is your destiny. You will soon get over it. And you will find out the answers to all your questions as to “why” when the right time comes. Don’t let your self esteem suffer. Pick up the pieces and stand up.
6. Don’t assume and don’t expect. Don’t assume the judge will be in favor of you because life is full of unexpected things. A divorce can be with surprises sometimes. Just be open and ready to whatever the decision will be. Take life as it comes.
7. Don’t avoid communicating with your ex. This is okay if your ex was not abusive; but if not, you should try to be civil for the sake of your kids. If there is need to talk about your divorce or marriage then just listen and talk with respect.
8. Don’t be bitter for so long. You may feel angry towards your ex but you can’t be like that for the rest of your life. It will not do you any good. Just think, he or she was once a part of your life and you had some good times together. Give yourself a time to bring out all the pain and then stop. Past is past, you should look forward. Let go.

BAPCPA is still relatively a new law, so there is some uncertainty about how BAPCPA will apply in some situations. In addition, the process to protect your rights can be complex if your former spouse files for bankruptcy. If your former spouse owes you money and is filing for bankruptcy, it is important to consult with an experienced attorney. The lawyers are Stephens Margolin PC have substantial experience in cases involving support obligations and bankruptcy.

This case deals with a parent’s ability to modify child support through the Support Enforcement Division while the divorce judgment is being appealed.  Mother had appealed the trial court’s decision in the divorce case and, while her appeal was pending, Father requested a modification of child support.  There followed a number of different administrative and Circuit Court hearings related to Father’s request to modify child support, and Mother eventually appealed the final decision.  The Court of Appeals stated that the Support Enforcement Division did not have the authority to modify child support while the appeal was pending.

It is important to note that, under ORS 19.275, the trial court can modify child support while an appeal is pending based on a substantial change of circumstances.  This decision only limits administrative changes to child support.

The entire opinion can be found here.