- What can I do to prepare information before filing for divorce? Category: Divorce FAQs
Collect your asset and income information such as: tax returns, titles to real estate, retirement plans and accounts, non-retirement investments, savings information, pay stubs and stock options. Assemble a thorough account of your financial obligations (debts and monthly bills) as well. It is a good idea to obtain a credit report early in the process in order to thoroughly address all aspects of a settlement. In addition, when custody and parenting time are an issue, it is helpful to gather information relevant to the care of the child, such as parenting journals or e-mails between the parents.
- Will I have to go through a trial to get a divorce? Category: Divorce FAQs
Each case is unique, but the majority of divorce cases are resolved outside of court, through agreement between the parties, negotiation between attorneys, or mediation. There will be a trial if you and your spouse are unable to reach agreement on all the issues. If the parties reach a partial agreement, a trial will resolve the issues that are still in dispute.
- Can a wife have her former name restored? Category: Divorce FAQs
Upon request, a judge will grant one spouse’s request for a name change. However, a spouse cannot force the other spouse to stop using his or her last name just because the parties have been or will be divorced.
- What is a Marital Settlement Agreement? Category: Divorce FAQs
A property settlement agreement is a written contract between the parties listing and dividing the marital property and financial obligations. It may also be used in settling custody, child support and spousal support in accordance with the wishes of the parties. A property settlement agreement reached before a trial is subject to a judge’s approval, but typically will be fully incorporated into the divorce judgment.
- Will I lose my spouse's group health insurance after the divorce? Category: Divorce FAQs
You can ask to continue your health insurance coverage through your spouse’s employer by enrolling in the COBRA plan. This extension period can range from eighteen months to three years, but there are stringent requirements related to the enrollment period and prompt payment of premiums. Aside from COBRA, group health insurance plans generally do not allow a former spouse to remain covered on the ex-spouse’s plan.
- Will either party be required to pay spousal support? Category: Divorce FAQs
Spousal support must be requested in the initial pleadings before a judge will consider awarding it. A judge will consider a variety of factors to determine whether spousal support is appropriate. These factors correspond to the type of spousal support that is ultimately awarded. Some basic factors include the length of the marriage, the parties’ earning capacity and financial needs, tax consequences of an award, and the parties’ work or educational experience.
- Does spousal support automatically end if the receiving spouse remarries? Category: Divorce FAQs
In Oregon, no, although remarriage is something that a judge can consider if there is a request to modify or terminate the spousal support award. In addition, the parties may agree that spousal support will terminate upon remarriage.
In Washington, spousal maintenance automatically terminates when the spouse receiving maintenance remarries.
- How will spousal support affect my taxes? Category: Divorce FAQs
The party receiving spousal support treats these payments as regular income for tax purposes. The party making the support payments can deduct these payments from their taxable income.
- If I didn't get spousal support in my divorce judgment, can I go back to the court and get it later? Category: Divorce FAQs
No. Spousal support must be ordered in your original divorce decree or the court is powerless to award any spousal support.