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Dividing Assets and Debts in a Divorce

All debts and assets acquired during marriage are subject to the presumption of equal contribution. That is, if the debt was accumulated or the asset acquired after the parties’ married, then both parties are presumed to own or be responsible for half of the item at issue. The person on title, or the person who
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Exclusive Use of the Marital Residence

One of the most common issues faced by married couples when they decide to split up is determining who will stay in the marital residence. This situation is typically seen when one or both parties do not have the financial resources to support a separate residence, though it does occur in a multitude of other situations as
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How to obtain a Family Abuse Protection Restraining Order

In order to obtain a retraining order in oregon you need to meet two statutorily mandated criteria. First, the petitioner needs to prove they were put “in fear of imminent bodily injury”. Importantly, this standard means that actual physical abuse does not have to occur. You only need to show that Respondent’s actions put the
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Modifying Custody in Oregon

In order to modify custody in Oregon you need to prove a “substantial change of circumstances” occurred since the previous custody ruling. Courts undergo a two part analysis in custody modification proceedings. First, it must be shown that the change of circumstances was unanticipated, and the change must relate to a parent’s capacity to care
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Obtaining Custody in Oregon

The State of Oregon awards custody based on the “best interests and welfare of the child”. That is, the court undergoes a review of the facts of the case and makes an award of custody to one parent or the other based on their notion of the best interests of the child. In so doing,
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