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Family Law:
Things to Keep in Mind
The
process for divorce, separation and dealing with custody and support
issues takes time.
The process works best when both parties are working with attorneys.
If you have children, you will need to create and maintain a civil,
working relationship with your spouse.
It is very important to keep the best interests of your children your
priority throughout the process.
General Background and Information
What do you hope to accomplish in seeking mediation or legal services?
For instance, are you seeking general
information about custody or support, specific information about the
divorce process, or assistance in reaching
a specific agreement with your
spouse?____________________________________________________________
_______________________________________________________
Do you have any immediate plans that will affect how quickly you need
this process to go?_________________
_________________________________________________________________________
In qualified cases, the Legal Services' attorney will advise and
represent only the student spouse. However, we
generally recommend that both parties have a lawyer in this process to
avoid unnecessary delays and ensure
both spouses understand their rights and responsibilities during and
after the legal proceedings. Does your spouse have an attorney? If so,
who?____________________________________________________
If you are you married, have you and your spouse discussed whether you
wish to be divorced?______To learn
more about separation, and annulment, please click here.
Did you and your spouse sign a prenuptial agreement or domestic
partnership agreement prior to your marriage
or cohabitation?______If so, please bring a copy of the agreement in
with you when you come for your
appointment.
Have you or your spouse ever gotten a restraining order against the
other for any reason? If so, indicate the
court that issued the order and whether the order is still in
effect._______________________________________________________________________________________
Please state the date of your marriage (or, if not married, the date
you began residing together), the county
in which you were married, if applicable, and the date you separated
households.________________________________________________________________________________
If you are married, is this your first marriage for you and your
spouse?_______ If not, please indicate how and
when any prior marriage ended for each spouse, and your prior legal
surnames.__________________________
___________________________________________________________________________________________
If you are seeking a divorce, do you wish to resume a prior legal
surname?______
Has your spouse been absent from the state of Oregon for more than one
year?______
Have you or your spouse lived in Oregon for at least six months?______
Custody
and Parenting Time
Do you and your spouse have any children together?______Please include
any child of either spouse you or your spouse has adopted. List the
age, date of birth and social security number of each child.
__________________________________________________
__________________________________________________
__________________________________________________
Please list every address where each child has resided and with which
parent for the last 5 years. Include
the month and year of each change of address.
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Click here for information on a class required in every divorce,
separation, or custody matter filed in Lane County called Focus on Children that addresses the
emotional impact
of a divorce or separation on children.
Have you and your spouse already discussed which parent should have
custody of the children and how much
parenting time each of you will have with the children (i.e., during
the school year, during breaks from school, holidays, summer)?______If
so, what agreements have you made?_______
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
What decisions concerning the children do you expect you and your
spouse to continue making together after
separation or divorce? Consider major decisions such as education,
health care, religious training, if any, residence of the children, and
other important decisions.__________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Do you have a child with any special physical, emotional or educational
needs?______If so, please describe
them.____________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Who will decide what extracurricular activities the child will
participate in and who will pay for it? Consider the likelihood of
music, sports, camps and other similar program
activities._______________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Has custody or parenting time for your child been previously determined
by a court or governmental agency in this or any other state?______If
yes, please describe by date, location and subject matter. Include
matters you consider closed and those that are still
pending._________________________________
_________________________________________________________________________
_________________________________________________________________________
Do you or your spouse have any special physical, emotional, or
educational needs?______If so,
describe.__________________________________________________________________
__________________________________________________________________________
Do you have any concern about your own or your spouse's ability to
parent your children?______If so, what are those
concerns?______________________________________________________________
________________________________________________________________________
________________________________________________________________________
Does either parent have a criminal history?______Include a description
of any known offense, the date(s) and place(s) criminal charge(s) were
brought, regardless of the outcome.___________
________________________________________________________________________
________________________________________________________________________
Is either parent currently on court-ordered probation for any past
offense?______
If you have children, do you or your spouse plan to move more than 60
miles away from the other in the foreseeable future?______If so,
indicate where and the purpose of the move._________
_________________________________________________________________________
_________________________________________________________________________
Finances
and Support
If you and your spouse are living in separate households, is either of
you contributing in cash or kind to the other spouse's support or the
support of the children?______If so, please describe that contribution
and how frequently it is
made.________________________________________________________________
________________________________________________________________________
Have you and your spouse made any agreements about one spouse
contributing spousal support or other financial support to the
other?______
Do you or your spouse rely on the other for health insurance?______If
so, please describe whose policy covers you and your spouse, whether it
is provided through either party's employment and the monthly premium,
if any.
_________________________________________________________________________
________________________________________________________________________
Does the policy cover your children?______
How will you and your spouse apportion uninsured medical expenses for
the children among yourselves?____________________________________What
will those expenses include? (Consider hospital, office visits,
prescriptions, counseling and psychological, dental, orthodontia, and
optical.) Indicate those items you have definitely decided on and those
that are still up in the air.
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Does either parent have difficulty keeping auto insurance
up-to-date?______
Does either parent lack a valid driver's license?______
Has support for your child been previously determined by a court or
governmental agency in this or any other state?______If yes, please
describe by date, location and subject matter. Include matters you
consider to be closed and those that are still
pending._______________________________________
________________________________________________________________________
________________________________________________________________________
Do you have a last will and testament?______Marriage or divorce
following the execution of a last will and testament will invalidate
your will.
List the name and address of your employer. What is your gross monthly
income?__________
List the name and address of your spouse's employer. What is your
spouse's gross monthly income?__________
Have you and your spouse made any agreements as to how much child
support either of you should pay each month for the support of your
children? If so, what is the monthly amount you and your spouse agreed
to?___________
Do you or your spouse pay court or state-ordered child support for a
non-joint child who lives with that child's other parent?______If so,
what is the monthly support amount?__________
Do you or your spouse pay court-order spousal support to a former
spouse?______ If so, what is the monthly support amount?__________
Does any non-joint child live with you or your spouse?_____
What is your and your spouse's current overnight schedule with the
children? That is, how many overnights does each child spend with each
parent each week?______Is there anything about the schedule you or your
spouse does not like?_____If so,
what?__________________________________________________________
______________________________________________________________________How
many more overnights will each child spend with each parent during
holidays, school breaks and summers?______
Do you or your spouse incur work or school-related child care
expenses?_____ What is the out-of-pocket cost of child care each month
and who pays it?__________
Do you or your spouse incur any regular uninsured medical expense(s)
for your child(ren)?______If so, what is the monthly average cost of
such uninsured medical expenses? (Average the cost by determining the
amount paid during the past year and dividing that number by
12.)__________
What is the monthly health insurance premium, in dollars, you or your
spouse pays for health insurance for the child(ren)? (Do not
include that portion of the premium that buys health insurance for
either parent.)__________ Which parent pays the health insurance
premium for the child(ren)? __________
Do you have a child who receives SSI (Social Security disability
income)?______ If so, how much and for what type of
disability?___________________________
Do you or your child receive any other governmental assistance?______If
so, how much and what
type_______________________________________________________________________________________
Do you or your spouse anticipate applying for state assistance for the
children?______
Property
Division
Marital property is all of the property.
Do you or your spouse have any pension, retirement profit sharing or
other employment benefit from any current or prior employment that has
not been "cashed out?"
There are two basic types of property:
Personal property and real property. Do you and your spouse own
any real property (house and land) together?
__________
If so, what is the monthly payment (include principle, interest,
property taxes and insurance for each mortgage loan)?
Did both you and your spouse sign for the mortage?
How should that property be divided? (Please be sure to bring a copy of
the deed showing the legal
description of the property when you come in for your appointment.)
Debts
and Liabilities
Please list all of the debt you and your spouse currently owe,
including bank loans, car loans, student loans, credit cards, doctor
and dentist bills, etc. Indicate whether the debt is a joint or
separate debt, (if separate, indicate which spouse incurred the debt),
the balance due, the minimum monthly payment, whether the account is
active (more charges are possible) or closed (no further charge is
possible), and who should pay the debt. (If you are not sure
whether a debt is separate or joint, you should contact the creditor
and ask.)
Any
incidental fee-paying University of Oregon student who has questions
about divorce, separation, annulment, custody or support may call ASUO
Legal Services at 541-346-4273 to arrange an appointment.
ASUO Legal Services' attorneys are licensed to practice in
the State of Oregon. Information disseminated in this website does not
constitute legal advice and does not create an attorney/client
relationship. This page is for information purposes only. For legal
advice, contact an attorney licensed in your state. You should not make
legal hiring decisions based upon brochures, advertising or other
promotional materials.
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