Author: Goldberg Jones

  • Can A Custodial Parent Relocate After Divorce?

    Co-parenting after divorce is difficult. Custody arrangements, parenting plans, schedules, and continuing conflict between exes all impact parenting time. And circumstances often change. What if one parent plans to move with a child? What can you do about potential relocation after divorce?

    In general, the law recognizes maintaining close relationships with both parents serves the best interests of children following divorce. This isn’t always easy, especially when one parent wants to move.

    Here’s what you need to know about relocation after divorce.

    What if the Primary Parent Wants to Relocate?

    There are countless reasons people relocate following a divorce.

    People often move to remarry, for new career or educational opportunities, to be near family, or simply to get away and start fresh.

    Because this impacts parents and children, and there are so many moving parts, relocation after divorce gets complicated.

    In Oregon, while you must follow the proper procedure and jump through legal hoops, this process is much simpler than in our neighbors to the north and south, Washington and California.

    The laws also generally favor a child remaining in Oregon and are more favorable for non-custodial parents than elsewhere.

    Related Reading: Do Courts Ever Award Split Custody?

    Notice of Intent to Relocate Oregon

    In Oregon, the custodial parent can relocate within 60 miles of the other parent without notification ahead of time. No matter the distance, however, the parents must continue to honor the court-ordered parenting agreement.

    For moves of greater distances, the state statute has a notice of intent to relocate provision. Instead of lengthy hearings, the custodial parent must provide reasonable written notice to both the other parent and the court.

    This provides the non-custodial parent ample time to take action if they have issues with the proposed move. If this is the case, and if there are objections, hearings, court appearances, and the like, ultimately become necessary.

    Related Reading: Child Custody Modifications After the Final Judgement

    Relocation After Divorce

    In Oregon, if you’re the custodial parent and intend to move more than 60 miles away, you must give notice of intent to relocate.

    This primarily involves filling out and filing a Notice of Change of Address Pursuant to ORS 107.159 form. This includes all the pertinent information like where, when, and who it involves.

    After filing the forms, you need to serve your former spouse.

    • You must do this early enough to provide reasonable notice to the non-custodial parent.
    • Should the other party object, you must demonstrate why this move represents the child’s best interests.
    • You need to show how this change of circumstances benefits your kids.
    • No matter the distance, you must also continue to comply with any court-ordered parenting arrangement.
    • If you won’t be able to do so, you must take the necessary steps to modify said parenting plan.

    Parenting plans typically set out a roadmap for who gets to see the kids and when. They deal with visitation, holiday schedules, how parents make child-rearing decisions, transportation, communication, and more. Oftentimes, they already include provisions for parental relocation.

    Related Reading: Child Custody After Divorce

    Can You Stop The Primary Parent From Relocating?

    If you object to your ex moving away with your child, you usually have to take legal action.

    In this situation, it’s likely in your best interest to hire a child custody attorney. An experienced professional will point you in the right direction, lay out your parental rights, and guide you through the process.

    After receiving the other party’s notice of intent to relocate, you can file a motion for custody or to modify the existing parenting plan.

    If you request a modification, you’ll have to demonstrate:

    • Relocation creates a significant change in circumstances since the previous order, and;
    • This change adversely impacts your ability to care for the children or negatively impacts your relationship.

    Related Reading: Best Interests of the Child

    How the Court Decides On Relocation After Divorce

    When it comes to cases involving minors, Oregon places the best interests of the children above other concerns. This includes cases of potential relocation.

    The noncustodial parent can file a petition to stop the move. On the other hand, the custodial parent can file a petition asking a judge to allow relocation. Ultimately, the move must benefit the child, not just the parent.

    Whichever parent files the petition and notice of intent to relocate, it falls to them to demonstrate how this is best for the children.

    In either case, the judge takes into account a number of factors when ruling on the case.

    The reason for the move plays into the court’s decision.

    Perhaps you plan to relocate to be near family and a broad support system. If relocation after divorce provides access to any specialized medical care a child needs, the schools are better in a new area, or a new job provides significant material benefits, all of these may factor into the decision.

    The court can rule on relocation in several ways:

    • First, they can allow the move.
    • They can also order the custodial parent to remain where they live.
    • Or they can allow the parent to move but award primary guardianship to the non-custodial parent.

    Whether or not the court allows relocation depends on the specifics of your case. Every situation is different due to its unique variables, and the various outcomes reflect that.

    Related Reading: Do Grandparents Have Third-Party Child Custody Rights?

  • How Can You Save Money on Your Divorce?

    Divorce is expensive. That probably doesn’t shock anyone. Fortunately, there are strategies to cut down on expenses and save money during a divorce.

    The exact cost of ending a marriage depends on many factors. And like most things in divorce, it varies from one case to the next.

    In simple cases, usually shorter marriages with few shared assets and no children, divorce may cost little more than filing fees.

    That said, the more you have to deal with, the more complicated things get, and the more it usually costs.

    Ways to Save Money on Your Divorce

    Children and tons of property complicate the process. The more conflict there is, the longer things usually take. If you need to hire a divorce lawyer, that adds a big expense to the mix.

    Considering all of this, what can you do? How can you save money during a divorce?

    Here are a few tips to help you pare down some expenses related to lawyers. They’re not the only ones, but there are ways to cut costs that have proven effective many times over.

    Related Reading: Does it Matter if You File for Divorce First?

    Familiarize Yourself With The Process

    Knowing your rights and what to expect often helps save money during a divorce. The more you know, the easier it is to work with an attorney or mediator to reach an agreement.

    Understanding the process also allows you to do some of the legwork yourself instead of paying someone else.

    Taking a hands-on approach, one coordinated with your representation, makes sure you do everything possible to help your case. Educating yourself also enables you to understand what your lawyer does and why.

    It’s important to work with your attorney to complete the crucial steps at the right time. Otherwise, you run the risk of undermining the work they’ve done and potentially creating more work to bill you for. And they will, that’s the deal when you hire a divorce lawyer.

    Related Reading: 9 Common Mediation Questions Answered

    Be Organized

    Get organized. Having all your paperwork and documents together and ready to go is essential to streamlining the process. It saves both time and money.

    Having your attorney organize everything on your behalf becomes an expensive proposition. Again, this strategy cuts down on billable hours and saves you money on divorce.

    Don’t spend money to have your attorney do work you can do for yourself.

    Arrange information, documents, and files in a way that helps them understand your case and your situation. If you already have access to your ex’s financial records, your attorney doesn’t have to track them down.

    Even if you don’t want to organize it all yourself, you can hire a temporary personal assistant to do the work. That costs, but it’s still less than you’d pay most divorce lawyers to do the same work.

    Related Reading: Common Mediation Questions Answered

    Be Honest

    Your lawyer is on your side. That said, they can’t help you if they don’t know the whole truth.

    Clients who withhold information often undermine their own cases. Failing to share important details hinders your attorney’s ability to protect your rights.

    Giving your attorney all the information upfront provides them a full, accurate picture of your situation. That way they can chart the best course of action.

    If you do something like try to hide assets, and that gets found out, it creates potential speed bumps. It takes time to navigate those speed bumps and repair any damage. And guess what? An attorney will charge for that.

    Related Reading: What are the Grounds for Divorce in Oregon?

    Picking Your Battles Helps Save Money

    As we said earlier, the more there is to deal with, the longer the process takes. If you want to save money on your divorce, you must simplify things.

    Too many couples fight about every last thing. That takes up time, which—say it out loud—your attorney will bill you for.

    Know what’s most important. Be realistic about where you’re willing to compromise and where you aren’t.

    Don’t argue about who gets that box of tangled old Christmas lights—it happens more than you think—just to stick it to your ex. There’s no point paying $500 in fees for something with no sentimental value that you can replace for $100.

    If you have a clear, honest idea of what you’re willing to fight for, you’ll usually fare much better.

    Part of picking your battles is about knowing when not to fight. But it’s also about knowing the right time to fight. Don’t be a pushover just to save a few dollars.

    The decisions made now impact your life for years. It’s okay to spend money, but make sure you spend it efficiently and on the things that actually matter.

    Related Reading: 10 Steps to Create a Divorce Strategy

    Your Lawyer is Not Your Therapist

    Your divorce lawyer is not your therapist. Understanding that simple fact saves you money during a divorce.

    Divorce lawyers are privy to intimate details about your life and things no one else knows, even your close friends. Too often this leads people to unburden themselves.

    Make no mistake, your attorney is on your side, wants the best outcome for you, and should empathize with your situation. But their job is not to offer emotional support and help you deal with personal problems.

    Nor is this in your best interest. Idle chatting with an attorney about your dating life is not only time you get charged for, but also time they’re not working on your case.

    Talking to a therapist, counselor, or support group is fantastic and healthy, and more people should do this. It’s often a key part of dealing with the complex emotions of divorce, recovering, and moving on.

    Also, a mental health professional has more tools and resources to help you through an emotional, turbulent time than your lawyer. If you avoid using your attorney like a shrink, you can save money during a divorce. You hire a divorce specialist to help with your divorce, so hire a mental health specialist to help with your mental health.

    Related Reading: How to File for Divorce in Oregon

  • Divorce Tips and Strategies

    Ending a marriage can be a chaotic, trying time. You have a lot going on. Meetings with attorneys, mediation, forms to fill out, and documents to submit are practically endless. Having a few divorce tips and strategies in your pocket makes things easier to have a plan in place.

    Four divorce tips and strategies:

    Creating a divorce strategy ahead of time benefits you in many ways. It helps protect your assets, potentially reduce expenses, improve your chances of custody and visitation, and more. Often it even helps preserve your peace of mind and reduce stress.

    1. Slow Down and Evaluate Your Options

    By the time you decide to divorce, you likely want it to be over and done with as quickly as possible. That’s a perfectly normal feeling, but it also often leads to mistakes.

    It’s vital to slow down and take the time to evaluate your situation. This prevents you from rushing into an unfavorable divorce settlement.

    The decisions you make right now have long-lasting effects. Once final and in place, it’s difficult and often expensive to change the terms of your divorce agreement. Make sure you can live with the conditions, the split of assets, the custody arrangement, and any support payments. You have a better chance of fixing problems now than you do later.

    Related Reading: Grounds for Divorce in Oregon

    2.   Recruit Help

    A big part of your divorce strategy should include seeking the advice and guidance of an experienced divorce lawyer. Every divorce is unique and it’s essential to consult a knowledgeable family law attorney to understand how your specific circumstances affect the process.

    Experienced attorneys are full of divorce tips and strategies. A qualified divorce lawyer will educate you on your rights, let you know your options, and provide guidance in navigating the divorce process.

    Even if you take a do-it-yourself approach, consider consulting a family law attorney. You may not retain them for the long haul, but sometimes with just a consultation, they can point you in the right direction, offer advice, and inform you of any specific issues you need to be aware of.

    If you reach an agreement, it also often benefits you to have a professional look over the paperwork to ensure it’s all on the level.

    Divorce is also stressful. You shouldn’t overlook the emotional impact and the toll it takes. Beyond a divorce lawyer, consider tools to help support your mental and emotional well-being. Working with a therapist may provide useful tools to manage stress and cope with a difficult situation.

    Related Reading: How Long Does Divorce Take?

    3. Establish the Right Precedents

    There are many ways establishing a precedent can help (or hurt) you in divorce.

    If you have children, being an active, regular part of their existence is important. Not only for them but also for your custody claim.

    • The courts are reluctant to drastically change a child’s daily life and routine. If you aren’t in their lives as much during a pending divorce, that sets a precedent going forward.
    • When deciding custody, they evaluate how entrenched each parent is in day-to-day activities. The more involved you are, the more likely a custody arrangement and parenting plan will reflect that.
    • As part of your divorce strategy, you shouldn’t move out of the marital home until you create a separation agreement. Moving out can set a precedent that doesn’t accurately portray your financial situation.

    For example, if you move out, but continue to contribute financially to both households, that may impact how the court rules on support. Even if you struggle to keep both households afloat—draining savings, borrowing money, neglecting other obligations—the court may see that as sustainable for the long term.

    This can turn what you meant as a temporary transition into a permanent responsibility.

    Related Reading: How to File for Divorce in Oregon

    4. Prioritize What’s Most Important to You

    Prioritizing is essential. This is a key part of outlining your divorce strategy. Deciding where you’re willing to compromise, and where you’re not, saves you time, money, and stress.

    Emotions tend to flare during a divorce. It’s easy to find yourself in a heated battle about an asset you don’t really care about just because you don’t want your ex to win. If you emerge victorious, it might feel good for a moment. But in the big picture, it wastes time and money and causes unnecessary stress.

    Figure out what’s most important to you, what you need, and what you can’t live without.

    That’s where you should spend your time and focus your efforts. Not racking hundreds or thousands of dollars worth of attorney fees arguing back and forth about who gets the painting of a seascape you found at a garage sale.

    Know what you need and want and take the steps to achieve your goals.

    Establishing a divorce plan early goes a long way to securing a favorable outcome. Not everything will work out to your advantage, but preparing helps increase your odds. These are just a few divorce tips and strategies to keep in mind that may prove useful.

    Related Reading: Divorce Statistics: From the Interesting to the Surprising

  • Do Step-Parents’ Have Rights in Oregon?

    As common as divorce and remarriage are, the topic of step-parents comes up often in cases that involve children. More specifically, questions about step-parents’ rights and responsibilities frequently arise.

    Step-parents often form deep emotional bonds with children who aren’t biologically theirs. It can be devastating to lose these. Children face similar trauma, having developed a connection with an adult even though they may not be related by blood.

    Unfortunately, this happens all too frequently.

    Step-Parents and Child Custody

    In most cases, ending a marriage with the children’s parent usually means ending the relationship with the kids. That’s the unfortunate reality of this situation in most cases. The situation does change slightly if you adopted the child as your own, but still, it’s a tough row to hoe.

    When deciding on custody, the courts put the best interests of the child above other concerns.

    Unless there are extenuating circumstances, that usually means keeping the kids with the biological parent.

    Related Reading: How Criminal Charges Impact Custody

    Continuing Relationships

    Just because you get a divorce, that doesn’t necessarily mean step-parents can’t have a continuing relationship with the children. Again, this depends on the particular situation, especially the people involved and the nature of the relationship.

    There are two common potential avenues:

    • Visitation: Visitation is frequently the most realistic way to continue a relationship with a stepchild after divorce.
    • Custody: Custody does remain an option, but is not often a realistic one for step-parents.

    Seeking custody of a child is difficult for anyone, especially if you’re not a non-biological parent. This includes step-parents, grandparents, and other members of the extended family. For this to happen, the court generally requires sufficient justification that they’re protecting the child’s health and well-being.

    Related Reading: Finding the Best Child Custody Lawyer

    Difference Between Custody and Visitation

    With these two potential avenues, it’s important to know the distinction between custody and visitation. They’re very different things, and the court approaches each with many factors in mind.

    Legal custody means that the guardian—usually a biological parent—has the right to make decisions for the child. These decisions cover all facets of their life. Where to go to school, which doctors to see, what religion they practice, and everything else falls to this person. If it involves maintaining a child’s well-being, it’s the guardian’s responsibility.

    Legal visitation, on the other hand, means the court grants the noncustodial parent permission to spend time with the child. This can be either supervised or unsupervised, depending on the case. Visitation gives access to the child but doesn’t impart any decision-making authority as it does with custody.

    Again, when making decisions about a child, the courts use the best interests of the child as a baseline. This includes decisions about both custody and visitation.

    In cases of biological parents, in most situations, the court views keeping both parents a part of the child’s life as in their best interests. Exceptions include cases of abuse or neglect, drug use, or when the child’s safety may be in question.

    Related Reading: Oregon Custody: Parenting Evaluations

    Step-Parents’ Rights

    When making decisions on custody and visitation, the court considers many things. They account for established relationships, the potential benefits or drawbacks of a continuing relationship, any history of abuse, and the fitness of the people involved. This goes for biological parents, but also for step-parents.

    A continuing relationship can benefit both you and a child. Step-parents invest time, love, energy, and financial resources into building stable, caring bonds with step-children. These are meaningful to all the people involved. When faced with divorce, the potential loss of this connection can be devastating. To both parent and child.

    Odds are, the courts will leave the decision whether or not the child can see you up to the custodial parent. If you’re antagonistic and can’t communicate without fighting, that doesn’t bode well.

    If you have questions about your rights as a step-parent and the potential to remain in your step-child’s life, it’s probably in your best interest to speak to an experienced custody lawyer. They can address the specifics of your situation, give you an idea of your options, and tell you whether or not you even have a case.

    Related Reading: Unmarried Parents’ Rights

  • Do Long-Term Marriages Complicate the Divorce Process?

    Over the course of a marriage, two lives become intertwined. The longer the marriage, the more interwoven they become. Like others, long-term marriages end for a variety of reasons. As the years go by, however, unique divorce issues arise. What should you look out for?

    Shorter marriages are understandably usually much more straightforward when it comes to divorce. In the case of ending longer marriages, it’s much more complex as there’s often a great deal to unravel.

    How Do Long-Term Marriages Affect Divorce?

    As we said, people end long-term marriages for countless reasons. Gray divorce, divorce over the age of 50, has been on the rise over recent decades as people live longer, healthier, more active lives well into their later years. Though that’s often the case, it’s not only older couples divorcing after lengthy unions.

    What is considered a long-term marriage in Oregon?

    The decade mark is usually the line for what many consider a long-term marriage. 
    Ending a long-term marriage often becomes a complicated endeavor. If you plan to divorce after being married for more than ten years, multiple issues need special attention. 

    There’s less of a social stigma attached to divorce than in earlier eras. With improved education and employment opportunities across the board, people are less likely to stay in a broken, unhealthy, unsatisfying marriages than in previous generations.

    Some couples stay together for the sake of children. But once the kids grow up and move out, you have fewer reasons to maintain the status quo.

    Related Reading: Is Your Business A Divisible Asset? How To Protect Your Business During A Divorce

    Division of Property in Long-Term Marriages

    In shorter situations, it’s often relatively simple for a couple to split up their property in a divorce. Couples divide what they have, if they have anything, and go on about their business. But for long-term marriages, this is often much more difficult.

    Oregon practices equitable distribution. This means the state views the property as belonging to the spouse who acquired it. In long-term marriages, however, the lines of ownership often tend to blur.

    The longer the relationship, the more tangled things become.

    The goal of the division of property in a divorce is for each party to emerge on a relatively even financial footing. Ideally, both spouses will be able to enjoy a lifestyle similar to that experienced while married.

    In long-term marriages, this often takes a great deal of work between the spouses, with mediators, or even in court.

    Related Reading: How is Debt Divided?

    Spousal Support

    Child support follows a strict equation. On the other hand, spousal support is usually less formulaic. Many variables come into play when settling on a number.

    Among other things, the courts consider:

    • The health of both spouses.
    • Future earning potential of each party.
    • Amount of shared debt.
    • Length of the marriage.
    • Whether one spouse supported the other.

    As the division of property, the goal of spousal support is to position the supported spouse as close as possible to the standard of living experienced during the marriage.

    In many cases, especially in longer marriages, spousal support payments continue indefinitely. Things like remarriage can impact this, but it varies from case to case.

    Related Reading: Spousal Support in Oregon: What You Should Know

    Long-Term Marriages and Retirement

    As we get older, we tend to give more and more thought to retirement. Many people have an IRA, 401(k), military pension, or other retirement benefits.

    It’s important to account for all of these because they are all on the block to be divided in a divorce. How much depends on a variety of factors. In the case of long-term marriages, it can be a hefty chunk.

    Divorce may have a substantial impact on any retirement plans you’ve made. In some cases, people wind up working much longer than they originally intended. Many often stay at jobs or at least have to find other work after dividing retirement benefits.

    Social Security is also something to consider in long-term marriages, and the length has a huge impact here. If your marriage lasted at least ten years, you can receive Social Security benefits based on your ex’s work history.

    If you are older than 62 and currently unmarried, you also qualify. This is most common in cases where one spouse earned significantly more than the other.

    With so many factors in play, it’s likely in your best interest to consult a divorce attorney or a financial professional.

    Related Reading: How are Social Security Benefits Divided in a Divorce?

    Living Arrangements

    One of the biggest changes many experience after a divorce following a long-term marriage is finding a new living situation. Ideally, this represents a positive shift, but that doesn’t mean it won’t be weird.

    After years of cohabitating with another person, living on your own takes some getting used to. There are also other potential adjustments beyond that.

    When you and your spouse owned a home together, odds are, one of you will have to move out. If you haven’t already.

    If you wind up in possession of the house, it may be the first time you have to pay the mortgage entirely on your own. Or bills. Or taxes. This has a huge impact on your financial situation. In many cases, divorcing couples wind up selling their marital home.

    Related Reading: Whether or Not to Sell Your Home During a Divorce

    Altered Family Dynamics

    Divorce after long-term marriages often alters the entire family landscape.

    Even if your kids are grown, live their own lives, and have families of their own, things change drastically. When adult children are involved, there’s no back and forth about custody, child support, visitation, and family weekend trips to Crater Lake. But holidays, birthdays, and family gatherings likely won’t ever look quite the same.

    Though you won’t need an actual parenting plan or visitation schedule, you may wind up with something similar.

    You and your ex may split key holiday celebrations with the kids and grandkids, almost like shared custody. In amicable splits, sometimes divorced parents can still be in the room with each other, but that’s not the norm.

    The longer a marriage, the more your lives become intertwined. The flip side of that is it becomes much more difficult to untangle them in a divorce.

    Even in low-conflict divorces, be aware of several unique legal and financial complications. These are just a few potential hurdles you may face.

    As in most divorces, hiring an attorney is likely in your best interest. An experienced divorce lawyer can help guide you through the treacherous waters toward an optimal outcome.

    Related Reading: Breaking Down Divorce Rates By Generation

  • Cinematic Lessons in Fatherhood: Great Movie Dads

    TV and movie fathers may be (generally) fictional, but they can still teach us a lot about what it means to be a parent. There are great movie dads you admire, those you use as examples of what not to do, and others you respect for their ability to grow.

    There are classic examples of the nuclear family, like Ward Cleaver in Leave It to Beaver. You have funny, over-the-top dads, like Clark Griswold in the Vacation movies. Darker examples, like Liam Neeson in the Taken films, demonstrate the great lengths parents are willing to go to for their children.

    The question, “What does fatherhood look like?” has no single answer. The varied depictions in movies and on TV illustrate this fact.


    John Matrix – Commando

    Great movie, Dad, and retired Delta Force operator, John Matrix, frequently packs a rocket launcher, a tactical vest covered with grenades, and enough firepower to invade the small, fictional nation of Val Verde. He’s not necessarily the guy who first springs to mind when you think father-of-the-year. But this is precisely what we get in director Mark L. Lester’s 1985 film, Commando.

    Starring the future governor of California, Arnold Schwarzenegger, Commando is a quintessential ‘80s action flick. Matrix is a prototypical Schwarzenegger character from this stage of his career. Still sporting his massive, bodybuilder physique (seriously, he carries a tree), he’s former military, a woodsman, and an all-around manly man.

    Matrix As A Father

    But Matrix is also something we don’t often see from Arnold Schwarzenegger; he’s a father. We’ve seen him as an action-centric dad in movies like True Lies, but usually, it’s in more comedic fare like Junior or Jingle All the Way where the Austrian actor gets the opportunity to portray a family man. (He does play a caregiver, though a reluctant one, in Kindergarten Cop, and as the Terminator franchise goes along, he becomes a de facto father figure, explicitly so in Terminator: Genisys.)

    And Matrix isn’t just a father, he’s an awesome father. In many respects, he’s everything a father should be. A single dad (there’s no mention of what became of the mother), he dotes on his young daughter, Jenny (Alyssa Milano, fresh off of filming the first season of Who’s the Boss?).

    Putting her needs ahead of his own, when we first meet him, he’s set his legendary military career to the side to raise Jenny, make sure she comes up right, and give her a normal life away from the mayhem and danger of his previous occupation.

    That’s Dad 101 right there. The father and daughter have a sweet if at times a wee bit too-wholesome-to-be-believable relationship. They frolic in the pool at their secluded mountain home, they eat ice cream and laugh, and they feed deer together.

    Matrix even teaches Jenny useful life skills, like how to throw a proper elbow and escape capture by bad guys. You know, normal, practical kid stuff.

    Going to Great Lengths

    Sure, he does go on a kill-crazy rampage for much of the film. He cuts a bloody swath through the criminal underworld of Southern California, the ranks of mercenaries-for-hire, and even Central American politics. And yes, he may take it upon himself to invade a sovereign foreign nation. (Val Verde also pops up in other movies of this ilk and era, like Die Hard 2 and Predator).

    Those are drastic measures to be sure. But the only reason he undertakes such endeavors in the first place is that a nefarious former dictator kidnaps Jenny. This villain and his mercenary goons attempt to use her as leverage to get Matrix to put his particular set of skills to use for their own gains. Unfortunately for this cadre of rogues, he employs his talents against his enemies and the result is, well, explosive.

    Matrix doesn’t want to do all of this, to resort to violence. At the start of the movie, he’s not actively looking to blow up anything. This is a case where he’s dragged kicking and screaming back to his old life, one he thought he left behind, because he has no other choice.

    Commando may be macho escapist junk food cinema, but damn if it isn’t a total blast, which is a big reason why it’s become a cult classic. Just because it’s empty movie calories doesn’t mean there’s not something substantial buried beneath all that butter, fat, and salt.

    In this particular instance, that just so happens to be an affectionate father-daughter relationship, and a tactically trained, ex-military badass who’s also a devoted, loving parent, we could learn a few things from.



    Chris Gardner – The Pursuit of Happiness

    Played by Will Smith in the 2006 film The Pursuit of Happyness, Chris Gardner is an amazing movie dad. And his trials, troubles, and sacrifices can teach us a few things about fatherhood.

    movie stillSmith plays Chris, a real-life businessman and motivational speaker. In the 1980s, he was homeless while also raising his young son. Out of work and out of money, he had nothing but grit and determination on his side when it came to providing for his son.

    In 1981, Gardner, then a salesman, sank his entire life savings into an investment opportunity. He thought it was going to be the big break that led his family to financial stability. Instead, it tanked, and they wound up even worse off than before.

    While struggling to crawl out from under the bad investment, Gardner met and impressed a businessman named Jay Twistle. This run-in led to an unpaid, six-month internship with a brokerage company. Gardner found himself competing with 20 other much younger interns for a single job waiting at the end. While a big opportunity, the pressure broke Gardner’s already-strained marriage.

    Choosing to Be A Single Father

    As Gardner’s wife threatened to leave, his one request was that Christopher, their son, stay with him. Even struggling as he was, he knew that he could provide more stability and a better future. He told his wife, “Christopher is staying with me… You know you can’t take care of him.” 

    Though a painful separation, he recognized that uprooting the child and relocating him to New York with his mother wasn’t in the child’s best interests.

    Even though he knew it would be difficult, Chris chose to stay and be a father. This offers a lesson for all parents. Being a parent is much more than just sharing DNA; it’s also a conscious, active decision. It’s a choice you make every day. You choose to show up, do your best, and provide for your children. The Pursuit of Happyness demonstrates this point perfectly.

    Doing Whatever It Takes

    One of the main takeaways from The Pursuit of Happyness is that no matter his circumstances, Gardner always strived to care for his son. They were evicted with $21.33 to their name, they bounced from shelter to shelter, and when they were full, they spent the night in a BART station bathroom. Despite the near-insurmountable obstacles, Gardner never let that deter him from being the best possible parent. No matter what, his son remained his number one priority.

    At his internship, Gardner faced major disadvantages compared to the others. He had to maintain the illusion he wasn’t homeless and took risks to prove he was the best person for the job. From working at a multimillion-dollar company during the day, he had to sprint to secure a spot at the homeless shelter so he and his son would have a place to sleep that night.

    Out of necessity, Gardner used his cleverness to remain competitive. Just being a single dad or working a rigorous internship on their own is tough, combining the two only makes things harder. But he also had additional motivation. As he says in the film, “They [his coworkers] would stay until seven but I had Christopher, so I had to do in six hours what they would do in nine.”

    According to the U.S. Census Bureau, there were two million single fathers in 2016. This covers a wide range of socioeconomic backgrounds and education levels. Gardner’s story is certainly extraordinary, that’s why Hollywood made it into a movie with a huge star. Still, all of these fathers have one thing in common, they’re raising their children on their own. The Pursuit of Happyness stands as a testament to their dedication to their children that all fathers should strive for, regardless of their situation.

    Setting A Good Example

    After a grueling six months of hustling every moment of every day, all Gardner’s hard work paid off. On the last day of his internship, his boss called him into the office and offered him the job.

    From these humble beginnings, Gardner went on to great success. He started his own lucrative brokerage firm, became a philanthropist, and even published his memoir, The Pursuit of Happyness, on which the film is based.

    With all of Gardner’s hard work and dedication, his main goal was to set a good example for his son. He hoped to teach him to never give up on his dreams, saying, “You got a dream, you got to protect it. People can’t do something themselves; they want to tell you, you can’t do it. If you want something, go get it. Period.”



    Marlin – Finding Nemo

    Even facing off against stiff competition, Pixar’s Finding Dory ruled the box office when it was released in 2016, winning plenty of critical acclaim in the process. As much love as the film received, it’s easy to forget it’s a long-gestating spin-off of 2003’s Finding Nemo. The earlier film became a modern classic and also features one of our all-time favorite movie fathers.

    Voiced by the perfectly cast Albert Brooks, Marlin is not the father you expect to embark on a heroic, epic, transoceanic adventure. First off, he’s a fish. An ocellaris clownfish to be precise. Not someone you immediately expect to save the day. Or, you know, even get married and start a family for that matter. However, clownfish are apparently monogamous.

    Marlin isn’t a badass. Clownfish are not known for being particularly feisty, robust, or brave. This species is, after all, also known as the common clownfish. Basically, they’re not known for toughness, though they can be territorial. Overall, he’s just a normal guy, raising his son, the titular Nemo, on his own after losing his wife.

    This is something many people out there can relate to, except for the part about his wife being eaten by a barracuda. Having firsthand experience with that seems rather unlikely, but hey, we don’t know your story.

    He’s just a father trying to do his best, but not always nailing it. Like when he embarrasses his son on a school trip by giving into his overprotective instincts. Who amongst us is perfect? Most of us are feeling our way through fatherhood, also trying not to screw up too spectacularly.

    The Mission

    When Nemo goes missing, captured by scuba divers only to wind up in the fish tank of a dentist’s office, the situation compels Marlin into action. He’s an everyman, or an everyfish as the case may be. A normal father, with all of the strengths and failings inherent in that position, extreme circumstances push him to great lengths.

    It’s a simple formula really, one we’ve seen play out in countless movies over the years. Marlin isn’t exceptional in any way, really. And that’s the point. Wrapped up in Pixar’s spectacular digital wizardry are humor and heart like few other recent movies, animated or otherwise. Finding Nemo is a story that many fathers can see themselves in.

    We’d move heaven and Earth if our kids were in trouble. Though not every situation is as dramatic as traversing an ocean to rescue our children from giant abductors who keep them in glass cases for public display.

    Still, we regularly leave our comfort zones, abandon the cozy little corners of the world we’ve carved out for ourselves, and even put ourselves in harm’s way without a second thought when it comes to our offspring. This is precisely what Marlin does when he heads out into the unknown dangers of the open ocean.

    Finding Nemo proves not every cinematic father has to be a heavily armed former military specialist with the means and training to pull off an explosive rescue mission.

    Most of us are nothing like that after all. But we still go to extraordinary lengths to protect and care for those we love. It’s nice to be reminded that average, everyday fathers like us can still be heroic from time to time when the need arises. And being a hero means different things in different circumstances.



    Jake Adler – It’s Complicated

    Giving us the dynamic duo we never knew we needed,  It’s Complicated stars the incomparable Meryl Streep and Alec Baldwin. Stealing the screen with their chemistry, they play Jane and Jake Adler. A former married couple, they find themselves entangled in a messy affair with each other ten years after their divorce.

    Writer/director Nancy Meyers offers a fun, charming comedic romance. In addition, the film offers a glimpse at divorce, relationships, and post-divorce life. It especially focuses on the challenges and issues of older couples. With the rise of gray divorce, we see quite a bit of this sort of thing.

    Jane and Jake were married for 20 years. They had three children together before Jake cheated and left Jane for Agness (Lake Bell), a younger woman he marries.

    Dynamics of Divorce Couples

    In the beginning, like a lot of newly divorced couples navigating their relationship, Jane and Jake could barely stand to be in the same room together. Over time, however, the two come to a place where they can be friends and keep things civil. Much of this is for the sake of their children. Something many parents try to do after a split.

    In the years following their divorce, things go well for each of them. Jane owns a successful restaurant, which she loves, and works on a home expansion. Jake, a well-known attorney and loving dad, raises Agness’ son as his own as they attempt to have another baby. It’s Complicated shows them living life as best they can.

    The couple has long moved on from their divorce. Or so they thought.

    Jane and Jake reunite at their son’s graduation party in New York. Agness’ son falls ill, so she misses the family getaway to take care of him, leaving Jake flying solo. During this trip, everything changes.

    Everything Changes

    While staying at the same hotel, Jake and Jane have a chance encounter at the bar. When one thing leads to another, well, one thing leads to another. Ultimately, they wind up having an affair.

    Once they return home, the guilt sets in. At least for Jane. She dodges Jake’s calls and texts, focusing instead on her home renovation and an architect named Adam (Steve Martin), himself recently divorced.

    Jake feels differently about the whole situation. He’s alive and invigorated and sees things with a new perspective. He can’t stay away from Jane and after his calls go unanswered, he makes a surprise visit to her home.

    Jake tells her, “Something real and honest happened.” What happens is they, and many couples, should have done much earlier. They have a long-overdue conversation about their marriage and their issues.

    While married, they both felt rejected, unappreciated, and unheard. Jane admits that, although he cheated, Jake never stopped trying in their marriage and she had given up long before adultery came into the picture. But things have changed. Jake feels that their problems have subsided and they have both grown. Both into the people they wanted each other to be and the people they each wanted to become.

    Unfortunately, a lot of couples face this problem. Instead of openly discussing their problems and actively trying to find solutions, they suffer in silence, unsure of how to make it better.

    Marriage is complicated at any age. It’s important to be clear about your expectations and needs in the relationship. Partners aren’t mind readers and we can’t expect them to know our thoughts.

    This is especially important for older couples and those in long marriages. We continually grow and evolve as people. You’re not the same person you were when you got married. People change, situations change, what you need out of a relationship changes. Open communication can help the relationship grow along with both spouses.

    Though Jake and Jane continue their affair for a time, real-life and old issues interrupt. Jake stands her up on date night, only to apologize after the fact. Their respective relationships continue to develop and get in the way.

    When it All Blows Up

    Things come to a head when Jane invites Adam to her daughter’s wedding. Jake is hurt and jealous and can’t look away, a fact not lost on his wife. Agness confronts him and he winds up leaving.

    jake adler living room kidsIt’s Complicated comes to a climax when the entire family is together; Jake, Jane, and the kids. The kids are confused, feelings get hurt, and no one is entirely sure what to make of the situation.

    This also often happens often in cases of divorce. It’s a complicated, emotional event. Just because it’s been years, doesn’t mean there aren’t still deep, messy feelings. Especially when a couple has children, you can’t simply cut the other person out entirely, there’s bound to be some level of contact.

    Without meaning to, we often drag the closest people to us into our messes. They then have to deal with the fallout.

    It’s Complicated and Moving Forward

    Ultimately, Jake and Jane don’t get back together. As she says, they, “Needed to see if there was anything left before she let go. They had something extraordinary, but they no longer fit together.”

    Many couples do something similar, they make one final try to make things work before calling it a day. It makes things complicated when it’s so far after the fact. Especially now that Jake has a new wife and family.



    Cal Weaver – Crazy, Stupid, Love

    When the romantic comedy Crazy, Stupid, Love was released in 2011, the A-list cast alone was enough to get audiences to theaters. Best known for his hilarious role in the TV comedy The Office, Steve Carrell plays Cal Weaver, a well-off, middle-aged father of three who married his beautiful high school sweetheart, Emily, played by the great Julianne Moore.

    learning from Cal After Emily makes the startling confession that she not only had an affair but wants a divorce, it forces Cal to rebuild his life. He does so when he meets the handsome ladies’ man, Jacob Palmer (Ryan Gosling), who takes Cal under his wing.

    This blindsided Cal early in the movie and turns his picture-perfect life upside down. Having met and fallen in love at 15, Cal feels lost as he navigates moving forward. In this area, many newly divorced men and women relate to Crazy, Stupid, Love.

    He moves out of the family home and into a small apartment. When he informs colleagues and friends of the divorce, like in real life, they pick sides. Perhaps the biggest change of all, however, comes with being thrown back into the dating scene. That’s a shock many people face after ending a marriage.

    Having a rough time adjusting, Cal begins to frequent a local bar. Night after night he spills his guts to anyone close enough to listen. Having heard enough of his pity,  one night Jacob decides to mentor Cal and transform him from a nice-guy family man into the ultimate player.

    This includes revamping Cal’s entire wardrobe, making him work out, and teaching him how to pick up women. And it’s a success, though a hollow one.

    The initial change distracts Cal, but only for a time. When he reassesses his new lifestyle, he finds it empty and lacking substance. It’s a temporary fix. He can’t ignore the fact that he still loves and misses his wife. When they meet for dinner one night, they have their first real, honest discussion about their marriage in a long time.

    The couple experiences what a lot of long-term couples go through. Over time, they became complacent in their relationship and stopped trying. Work, the kids, life, and everything else came before each other.

    As Cal says:

    “I got boring, lazy. I’m mad at what you did, but I’m mad at myself too. I should’ve fought for you, you fight for your soulmates.”

    Instead of having that conversation when it could have helped and trying to fix what was wrong before it was too late, Cal and Emily walked away from their marriage. Both recognize this was a mistake and accept their own share of the blame.

    After their dinner, things become more positive for the couple. Reconciliation even seems to be on the horizon. Cal plans an elaborate surprise for his wife in hopes of winning her back. The kids help as well; they desperately want their parents back together. Things go well until secrets emerge and threaten to tear apart their relationship for good.

    Cal’s attempt at reconciliation is a disaster. He learns that the womanizing Jacob is dating his daughter and the man Emily has been seeing shows up. It also turns out their 17-year-old babysitter, the daughter of a family friend, is in love with Cal, which devastates his son, who’s in love with the babysitter.

    It’s a mess. Like so many people in this situation, Cal feels his life spinning out of control. Everything he knew is gone, his marriage, his best friend, his relationship with his kids. With everything strained and stretched, a broken Cal pulls away from everyone.

    Surprisingly, it’s Jacob who brings him back. He makes Cal see that there are people who need him, especially his kids. Divorce has a trickle-down effect on everyone in your life. Too often, however, we lose that in the pain.

    Cal finally realizes that there are people who care about him and that he needs to work on fixing what he can before it’s too late. This includes working on himself, repairing the rift with his children, and even mending fences with Emily.

    While everything works out in typical Hollywood, happily-ever-after fashion at the end of Crazy, Stupid, Love, we know that’s not always reality. Still, it illustrates a variety of important things about marriage and divorce. It talks about not getting complacent in your relationship and ignoring signs of trouble, the need to have a support system around you in a tough time, and taking care to maintain your most important relationships.

    Crazy, Stupid, Love is a complicated, layered web of connections and emotions. Family is chaotic and messy. So is divorce. Perhaps most importantly, Cal learns to let go of resentment. When he does this, he finally sees things for what they are, recognizes what’s most important, and moves forward. It’s a journey everyone has to take in divorce.

    Other Great Movie Dads

    Gil Buckman—Parenthood

    Fatherhood is a chaotic juggling act where you’re an entertainer, a disciplinarian, a therapist, a hotel concierge, and wear a thousand other hats as the situation demands. Few accomplish this with the dedication and energy of Steve Martin’s Gil Buckman in Parenthood.

    And few movies better capture the terror, heartache, and sheer joy of being a father as Gil deals with an unexpected pregnancy, financial issues, his son’s emotional problems, a troubled relationship with his own father, and his daughter dating Keanu Reeves.

    John McClane—Die Hard

    Sure, Bruce Willis’ John McClane doesn’t get a ton of face time with his kids. That happens when they live on one coast and you live on the other. He doesn’t even see them all that much during Die Hard. But the whole premise of the movie is that he just wants to spend Christmas with his family.

    Only his plans get derailed when a crew of international thieves shows up and he has to save the day. Everything he does, from swinging off the top of Nakatomi Plaza to walking across broken glass, he does because he wants to see his family. That’s dedication.

    Henry Jones—Indiana Jones and the Last Crusade

    Your dad may be pretty cool, but odds are he’s not cooler than Indiana Jones’s father. Not only does James Bond himself, Sean Connery, play Henry Jones Sr., but he gets to hang out with Indy, go on adventures, fight Nazis, travel the world, and find the Holy Grail.

    Sure, he wasn’t always the greatest dad and wasn’t always there for Junior in his younger days, but as far as epic stories go, this one is hard to top. With his charm, charisma, and roguish sense of humor, it’s easy to see that Indy and his dad aren’t so different.

    Bryan Mills—Taken

    Admittedly, Liam Neeson’s Bryan Mills hasn’t always been the best father to his daughter, Kim, in Taken. Work took him all around the world for long stretches and he’s not super involved with her life. He tries to make amends and be a presence as she hits her teens, but when Kim gets kidnapped on a trip to Paris, he does have that particular set of skills that comes in handy.

    This primarily includes tracking kidnapping victims and pummeling bad guys. In this situation, however, those are important talents for a father to have. Does it make up for all of their father-daughter problems? No, but at least they have starting place, and two subsequent movies to work on their issues.

    father's dayFurious Styles—Boyz n the Hood

    Laurence Fishburne’s Furious Styles not only has one of the all-time coolest movie names, but the Boyz n the Hood supporting player is also one of the great movie dads.

    This no-nonsense father is one of the few male role models in their Compton neighborhood. And while he can be stern, his overriding concerns are to keep his son safe, teach him to grow up and be a good man, and impart wisdom about sex, drugs, violence, community, and other important topics.

    father's dayClark Griswold—National Lampoon’s Vacation

    Most fathers are flawed, whether we’re talking about our own fathers or ourselves as fathers. But few are as flawed as Chevy Chase’s Clark W. Griswold in National Lampoon’s Vacation. On the other side of that coin, however, few are as steadfast or devoted to his family as Clark.

    Nothing will stand in the way of his family getting the vacation they deserve; not security guards, not a cross-country road trip, not even a sandwich soaked in dog pee. He’s the kind of father who spends Christmas Eve battling hordes of angry shoppers, fighting for the last toy just to make his kids smile. (And Christmas Vacation also happens to be one of our favorite holiday movies.)

    father's dayMr. Incredible—The Incredibles

    At some point or another, many of us look at our father like he’s a superhero. Especially when we’re little, they’re these huge, invincible figures. Sometimes, like in the case of Mr. Incredible in The Incredibles, they are actual superheroes.

    And he’s not just super strong and nigh-invulnerable, he’s a dedicated husband and family man, willing to go to great lengths to protect and support his family. While he makes mistakes, he ultimately realizes that being a father his kids look up to is more important than acclaim and glory.

    father's dayJor-El—Superman

    Many fathers will sacrifice anything and everything if it means ensuring that their children are safe and protected. One prime movie example of this is Jor-El, the Man of Steel’s father in Superman.

    He gave his life to protect the infant Kal-El from their dying planet, sending him away before Krypton exploded. Beyond that, he took measures to ensure that his son would never be alone, even after his own death. And if Marlon Brando plays your father, that’s also pretty cool.

    father's dayNoah Levinson—American Pie

    Parents are embarrassing. That’s just a fact of life, especially for teenagers. No matter what they do, it’s mortifying. And few movie dads are as awkward and uncomfortable as Eugene Levy’s Noah Levinson in American Pie. No teenage boy wants to talk pornography with his dad, or get caught, you know, inappropriately using baked goods.

    But underneath all of this mortification and humiliation, Noah is earnest and supportive and really just wants to help his son Jim through that emotional, anxiety-ridden time that is adolescence. He’s the kind of father that makes you cringe as a kid but you start to appreciate later in life.

    father's dayAtticus Finch—To Kill a Mockingbird

    Author Harper Lee reportedly based Atticus Finch, the lead character in her classic novel To Kill a Mockingbird, on her own father. As played by Gregory Peck in the 1962 film adaptation, the character gives dads a lot to live up to. (He is Gregory Peck, after all.) The fact that he’s a lawyer fighting the good fight also definitely endears him around these parts.

    Maybe not the warmest, most affectionate father, his integrity and willingness to stand up for what’s right presents a strong example to his kids. And though he’s reserved, he’s never cold.

    He’s sensitive to his children’s needs and willing to take the time to sit with them and make sure they understand everything from the social upheaval around them to why school is important. Leading by example, he imparts lessons about courage and morality, but also gives his children information and empowers them to make their own decisions. That’s some great dad work right there.

    Related Reading: 5 Things Kids Learn From Fantasy Football

  • How Long Does Divorce Take In Oregon?

    We call it the “divorce process” for good reason. It takes a while to end a marriage. But just how long does a divorce take in Oregon?

    You may be ready to end your marriage right this minute, but it’s a journey, one that takes time. No two marriages are identical, thus no two divorces unfold the same way.

    Sometimes, it involves little more than filing the paperwork, paying the applicable fees, and waiting a specified amount of time. This most commonly occurs in shorter marriages with no children and little or no shared property to divide.

    There are more complicated cases where things take longer. How much longer depends.

    How long does a divorce take in Oregon?

    In general, the more complex a marriage, the more you have to deal with, the longer you should expect it to take. Children, tons of property, retirement funds, frequent conflict, and even the length of the marriage itself all play a part.

    Many factors influence how long a divorce takes. Here are a few common hurdles people must clear to dissolve a marriage in Oregon in a timely fashion.

    The Waiting Period

    Divorce laws vary from one state to the next. One of these is the waiting period. This is the minimum amount of time between filing the paperwork and your divorce becoming final.

    Oregon used to have a 90-day waiting period, but the state did away with that a few years back and now there is technically no longer a waiting period.

    After you file the paperwork, your divorce can become final in a matter of days. That said, it usually sits in a stack waiting for a judge to sign it, which may take weeks. Or longer.

    This represents the bare minimum. You can file the papers, pay the fees, and call your marriage done in short order. But many other factors influence how long divorce takes and lengthen the process. You have to reach an agreement in one way or another. This often takes a great deal of time.

    Related Reading: 10 Steps to Create a Divorce Strategy

    Child Custody Disputes

    When it comes to taking up time in divorce, child custody disputes are one of the biggies.

    This is such an emotional issue for parents, tempers often flare, and conflict is common. There are a lot of details to hash out and if you and your ex argue about every point, that slows things down.

    Custody cases must decide where the child lives, child support orders, visitation, decision-making authority, and more. All of this ultimately gets laid out in a parenting plan. Even if the two sides generally agree, creating this document still takes a while.

    The courts aim to serve the best interests of the child, which takes time to determine. Some cases even require third-party evaluations. All of these things can combine to elongate the divorce process.

    Related Reading: How Legal Marijuana Impacts Child Custody

    Division of Property

    You accumulate property, assets, and debts during a marriage. When you divorce, you divide all of this. The more you have to parse out, the longer it takes.

    This can go smoothly. If you have a prenuptial agreement, you both agree ahead of time on who gets what. Or, if you don’t have much to split up, it may happen quickly.

    But again, the more you have, the more potential delays you often encounter.

    Oregon is an equitable distribution state. That means the court seeks to distribute assets fairly and equitably. The goal is for each spouse to emerge on relatively equal footing and maintain a lifestyle similar to that enjoyed during the marriage.

    Property includes the obvious, like houses and cars, but also things like retirement benefits, capital gains, and even airline miles. If you argue about who gets what every step of the way, that lengthens your divorce accordingly. And people can and will argue about everything in some cases.

    These conflicts, and many others, impact how long a divorce takes in Oregon.

    Related Reading: Is Oregon a Community Property State?

    Doing it Yourself

    It’s now easier than ever to take a Do-it-Yourself approach to divorce. You can fill out and file all the forms, no divorce lawyer required. It may even be the best choice in some cases, again, usually simple, straightforward ones.

    The DIY process is ideal for couples without children, much shared property, or significant assets. But in others cases, representing yourself slows things down and draws things out.

    Ending a marriage requires many long, detailed forms, and legalese is not known for being user-friendly or easy to understand. Mistakes, omissions, and improperly filled-out forms cause setbacks and delays.

    Even if you fill the paperwork out yourself, you may want an experienced attorney to take a look before you file. A small expense upfront may save you time, money, and headaches later. And it’s definitely less expensive than hiring a full-time divorce lawyer.

    Related Reading: DIY Divorce: What is Pro Se?

    Evaluations

    We mentioned evaluations earlier, and there are multiple ways they show up and slow down your divorce.

    Parenting evaluations are common occurrences in custody cases. The child’s well-being takes precedence over other issues, so this happens if there are concerns about abuse, mental health, substance abuse, or other red flags.

    If one parent wants to move out of state with the child, you must address that topic. Business evaluations may also be necessary to examine finances. If you and your spouse own a business together, this becomes a divisible asset. It’s common to hire an outside appraiser to determine the value.

    Complicated investment portfolios or situations with significant assets may also necessitate a closer look.

    Again, the common theme pops up, the more you have to deal with, the longer your divorce will likely take.

    These aren’t the only things that can slow down your divorce, but in most cases, this rule of thumb applies, the more there is, the more time it takes.

    Related Reading: Do I Need a Divorce Lawyer? 11 Questions to Ask

    What’s the Worst Case Scenario?

    While the least amount of time your divorce will take in Oregon is days, what’s the worst-case scenario?

    With all the things that can pop up and complicate matters, it’s not uncommon for a contested divorce to last months. Or even longer.

    The more you and your soon-to-be-ex disagree, the more assets you have to divide, the more time you spend.

    If your case involves mediation, arbitration, or court appearances, these require scheduling and coordination. Court dates often don’t happen for months.

    With all the potential delays, divorces often take up to a year or more to finalize. That’s probably not what you want to hear, but it’s all too often the fact of the matter.

    Related Reading: Student Loan Debt And Divorce

    Streamlining the Process for Divorce in Oregon

    Many factors affect how long it takes to divorce in Oregon. However, there are ways you can streamline the process.

    Gathering relevant financial information ahead of time helps. Hiring an experienced divorce attorney who has been through this before also speeds things along.

    Know what you’re willing to fight for and what you’re willing to let go—don’t argue about every point just because, that most often wastes time and money. Figure out what issues you and your spouse agree on so you can get them out of the way immediately.

    Though there are ways to speed things up, know that divorce isn’t a quick process. It’s more important to do it right than do it fast.

    Divorce orders are legally binding court orders, and once in place are difficult to change. Make sure it’s something you can live with. Ending a marriage impacts you, your family, and your finances for years to come, it’s worth the additional effort in the end.

    Related Reading: How To File For Divorce In Oregon

  • Jurisdiction: Does Where You File For Divorce Impact Your Case?

    Once you head down the path of divorce, you have a ton of subsequent decisions to make. This includes where you file for divorce since jurisdiction has a huge impact on what follows.

    Filling out all the proper forms is one thing, but where you ultimately file them may be just as important. Do you file for divorce where you live? Or where your spouse lives? Can you file for divorce in a different county than your residence?

    How Does Jurisdiction Affect Divorce?

    Laws often vary from one state to the next, and even from county to county. Where you live influences how the courts divide property, rule on child custody, and even determine child and spousal support.

    Because of this, you want to take steps to file for divorce in the right state, county, and even court.

    Do You Have To File In The State Where You Married?

    Many people mistakenly believe you must file for divorce in the state where you were married. That’s simply not true. People move around the country all the time. However, if you relocate from state to state often, it can be difficult to pin down where to file for divorce.

    Members of the military often face this issue. You must meet the legal residency requirements of the state where you file for divorce. This keeps people from bouncing from one state to another to find more favorable laws.

    Every state has specific rules and regulations regarding residency. Most require you to live in-state for a specific amount of time before you can dissolve your marriage there.

    For example, you must live continuously in Oregon for six months before you can file for divorce here.

    On the other hand, Kansas only requires 60 days, while New York wants a full year. Some states even have individual counties with residency requirements. For example, if you move from one California county to another, you must wait three months before you can file for divorce there.

    Oregon doesn’t have this stipulation. If you move from Portland to Eugene, you can file immediately. But if you move to Washington, things are different. It’s important to know the regulations and the impact they have.

    Related Reading: What are the Grounds for Divorce in Oregon?

    Can You File For Divorce When You Live In Different States?

    Divorcing spouses often live in different states.

    Depending on the situation, one state may offer certain advantages to filing there. On the other side of that coin, a particular state having jurisdiction may negatively impact your case. Again, knowing how things differ is key.

    It isn’t necessary for both spouses to be legal residents of the same state. If the two parties agree which state has jurisdiction, you can file for divorce there if you choose.

    In cases where both parties have established residency, the state where the papers are first filed usually maintains jurisdiction.

    Related Reading: How Do Criminal Charges Affect Child Custody?

    What Areas Does Jurisdiction Impact in Divorce?

    So, why is where you file for divorce so important? Jurisdiction impacts many facets of the process. It influences your financial state going forward, how often you see your kids, and much more. Here are the ways it can have an impact.

    Division of Property:

    When it comes to the division of property, Oregon practices equitable distribution. Under this model, the court views the property as belonging to the spouse who earned it.

    On the other hand, some states follow community property statutes. They view all assets acquired during a marriage as belonging equally to both. This affects how the court splits up property and assets during a divorce.

    Child Custody:

    Child custody is a huge issue in many divorces. Numerous factors play into the court’s decision.
    Courts can order joint or sole custody, but again, the specifics vary from one state to the next.

    In Oregon, the court can only award joint custody if both parents agree. Beyond that, any person with an established emotional relationship with a child, related by blood or not, can petition for custody or visitation.

    This is quite different from other states and illustrates how much impact jurisdiction has. The way jurisdiction is determined in cases involving children differs, but we’ll talk more about that later.

    Child Support:

    Child support payments cover a child’s basic necessities after divorce. This includes a safe home, food, medical care, education, and more.

    Courts consider a variety of factors when determining the amount. Need, the earning potential of each parent, parenting time, and other factors play their part.

    But states also weigh these elements differently, so the final amount may vary depending on where you file for divorce.

    Spousal Support:

    While it’s less formulaic than child support, Oregon has three types of spousal support:

      • Transitional support is designed to help smooth one spouse’s transition back to single life.
      • Compensatory support pops up most often in cases where the division of property skews sharply one way. Or when one spouse contributed substantially to the future earning potential of the other.
      • Maintenance support usually occurs when there’s a large disparity in earning potential.

    Again, not every state handles things this way, so where you file for divorce often plays a huge role.

    Related Reading: Is Oregon a Community Property State?

    How Does Jurisdiction Affect Child Custody?

    As with most areas of divorce, children complicate matters. Jurisdiction is no different. We touched on how different states rule on child custody. But establishing jurisdiction in custody cases is another issue entirely.

    While spouses can consent to another state having jurisdiction in a divorce, that’s not necessarily the case with custody decisions.

    This is where the Uniform Child Custody Jurisdiction and Enforcement Act comes into play. Established in the late 1960s, and adopted by every state by 1981, the UCCJEA is a statute that determines jurisdiction in cases involving children.

    It’s a complicated set of rules and regulations that establish a child’s “home state” in custody situations.

    Designed to serve the well-being and best interests of minor children, the home state is usually where the child lived for the previous six months or one where they have substantial connections.

    These are just a few ways that illustrate the importance of where you file for divorce. Jurisdiction impacts many areas of the process, and it’s vital to know how. State laws often vary in small but significant ways you never expect.

    Whether you live in Oregon or another state can have a huge impact on your settlement, and your life moving forward, and it’s definitely worth learning the ins and outs.

    Related Reading: Best Interest Of The Child

  • When Should You Hire a Divorce Attorney?

    These days, it’s easier than ever to file for divorce. You can find the forms online, fill them out yourself, and, if you follow the proper procedure, end your marriage. This do-it-yourself approach works like gangbusters in some situations, but not in others. At some point in the process, you need to ask yourself: Should I hire a divorce attorney?

    Should You Hire A Divorce Lawyer?

    You have a lot of choices to make during this time, and deciding whether or not to hire a divorce lawyer is a big one.

    By this stage, you’ve probably asked yourself many questions, like why are you staying married? Can you save your marriage? If divorce is truly the best option? It’s important to contemplate these topics.

    The question of whether or not to hire a divorce attorney generally comes up after the decision has already been made to divorce or separate. Maybe you filed for divorce, maybe it was your spouse, or perhaps it was a mutual decision.

    The DIY approach works great in many cases. That’s part of why it’s become so popular. But it also tends to be a better fit in straightforward situations. This usually means shorter marriages without children, with little shared property, and where you agree on everything.

    Related Reading: Pro Se Divorce: What Is DIY Divorce? 

    What Factors Complicate Divorce?

    It is still possible to handle more complicated divorces on your own. But remember, the more complex things become, the more potential hazards you face. Ending a marriage affects custody, your finances, and much more.

    The more complicated your situation, the more you’re likely to benefit when you hire a divorce lawyer. While you can handle the details of your split yourself, having representation benefits you in many areas.

    Division Of Property & Assets

    The more assets you have, the more complex the division of property becomes. This includes homes, cars, bank accounts, and even retirement benefits. Oregon is an equitable distribution state. That means the courts view property as belonging to the spouse who earned it. However, that doesn’t mean the court divides everything along those lines.

    They aim for each spouse to emerge on relatively even financial footing.

    Ideally, courts want both parties to enjoy the standard of living they had while married. Spouses can work together to divide assets. However, the more conflict you have, the more problems usually arise. You may want to hire a divorce lawyer to help ensure the agreement is fair and balanced.

    Related Reading: How Are Businesses Divided During Divorce? Can You Protect It?

    Child Custody

    Having children complicates divorce proceedings in many cases. Custody battles often grow heated and contentious. Again, it is possible to work out a parenting plan between you and your spouse. But in these situations, things get hectic and tangled in no time.

    Having representation helps in many ways, and this may influence your decision to hire a divorce lawyer or not.

    In child custody cases, the court’s overriding mandate is to do what’s in the child’s best interest.

    Enlisting an attorney experienced in his area often proves hugely beneficial. Not only does having a third party help calm down raging emotions, but a professional helps develop a strategy to protect your rights as a parent.

    Related Reading: How Legal Marijuana Impacts Child Custody

    Child Support

    When you have children, child support usually comes into play. How this affects you generally has a lot to do with the custody situation. In general, the parent with the most overnights receives the payments from the other.

    There’s a general formula for determining child support that accounts for need, income, and many other factors.

    These payments cover the costs of caring for the child in question, both regular expenses and also unexpected costs. This includes but isn’t limited to:

      • Food.
      • Clothing.
      • Shelter.
      • Education.
      • Medical care.
      • Any other necessities.

    Related Reading: Fathers’ Rights and Child Custody

    Spousal Support

    While child support has a formula, spousal support is less systematic. When determining whether or not to award spousal maintenance, the court weighs many elements. They consider, among other factors:

      • Need.
      • Age.
      • The length of the marriage.
      • Any continuing health concerns.
      • Future employment opportunities and earning potential.

    The court doesn’t award spousal support in every case, and it can continue indefinitely or only last for a limited time. Ideally, an attorney with experience will prevent you from agreeing to terms you can afford, or ensure you get enough to meet your financial needs.

    Related Reading: The Cost of Divorce: What You Need to Know

    Divorce Settlement

    The DIY approach may result in a quicker, cheaper split than if you hire a divorce lawyer. That said, it may also lead to unexpected issues in the future.

    As we’ve said, the division of property, child custody arrangements, spousal support, child support, and other areas get complicated. They also have a huge financial impact on your life moving forward.

    Divorce settlements are complex legal documents. It’s all too easy to sign on the dotted line and not truly understand what it says.

    A judge won’t generally approve a divorce settlement that skews too drastically in favor of one spouse or the other. That doesn’t mean it’s entirely fair or as equitable as it could be.

    Once the court issues a divorce decree, they’re difficult, not to mention expensive, to modify. If you hire a divorce lawyer, they can help head off potential disasters ahead of time.

    If you do go the DIY route, consider consulting an attorney even if you don’t hire a divorce lawyer for the entire case. They can explain your rights, point you in the right direction, and make sure you know exactly what you’re agreeing to before you sign.

    Related Reading: Divorce FAQs

    How Do I Know When to Hire A Divorce Attorney?

    Besides the factors listed above, there are many additional questions to ask yourself when deciding whether or not to hire a divorce attorney. Answering these smaller questions often helps you decide on the big one.

    This is by no means an exhaustive list and it certainly doesn’t cover every scenario. However, by the end, you’ll hopefully have a better idea of your needs.

    Are You Ready to Divorce?

    Infidelity, abuse, financial betrayal, and more. Marriages end for many reasons, but not all of them are dramatic. Often relationships just don’t work out or people drift apart over time. You may roll your eyes and say, “Duh,” at this statement, but you need to consider whether your marriage is truly over and if you’re ready to walk away.

    The answer to this question is different for everyone, and though it may sound obvious, it’s an important one to ask.

    Related Reading: 4 Divorce Tips and Strategies

    Does Your Spouse Have a Divorce Lawyer?

    Did your spouse already hire a divorce lawyer? If so, it’s most often in your best interests to hire one of your own. At least do the legwork and explore your options.

    We commonly compare representing yourself against an experienced attorney to a beer league softball player getting into the batter’s box against an MLB pitcher. Sure, they’re technically the same game, but not really. It usually puts you at a serious disadvantage.

    Related Reading: Preparing for Your Initial Consultation With a Divorce Lawyer

    Do You Understand the Legal Paperwork?

    You have numerous places where you can download forms, fill them out, and file them yourself. But do you truly know what you’re signing? Legal language and paperwork are notoriously complex and specific.

    If you make a mistake it can damage the outcome or even invalidate the entire process.

    In many cases, it’s worth the expense to hire a divorce lawyer to guide you through the ins and outs. Or at least to examine the paperwork before you finalize things. That alone often saves people money and headaches.

    Related Reading: How to Divorce in Oregon: Forms and Filing

    Is Your Divorce High-Conflict?

    Most people don’t end a marriage because everything is great. Divorce can be an emotional and tumultuous experience full of bitterness, resentment, and conflict.

    People don’t always think straight or consider the consequences of their actions. A divorce lawyer provides a steady hand and rational opinion in chaotic times and keeps you from making rash decisions based on anger.

    Related Reading: Is January Really Divorce Month?

    Can You And Your Ex Communicate?

    One common side effect of conflict in divorce is it often becomes difficult to communicate. If you can’t see or speak to your spouse without fighting, how can you effectively negotiate the terms of your divorce?

    Again, experienced representation helps keep situations calm and serves as a buffer or go-between for warring exes who can’t be in the same room.

    Related Reading: How Adultery Really Affects Divorce

    Do You Know What You’re Entitled To?

    Do you know what you’re legally entitled to? Every situation is different, but you have rights to a portion of shared assets. When you have kids, you also have parental rights.

    If your spouse has a pension or other retirement account, guess what? You may have a legal claim to a share of that in the settlement.

    Divorce comes with a list of rules, regulations, and laws. Many of them are obvious and well-known, but others aren’t. People often give up or miss valuable items because they don’t know their true worth. (For example, did you know airline miles are sometimes divisible?)

    If you hire a divorce attorney, they clue you into things you didn’t know existed and keep you from leaving assets on the table.

    Related Reading: Financial Mistakes During Divorce

    Is Your Divorce Complex?

    Do you own multiple homes, keep a fleet of expensive cars, or have multiple children of various ages? While it is possible (again, there’s that word) for you and your ex to hammer out a divorce settlement on your own, the more factors you have to consider, the trickier it becomes and the more potential pitfalls you face.

    It’s all too easy to make costly mistakes. Once the documents are signed, it’s a pricey slog to change them. So it’s best, not to mention easier, to do things right the first time.

    Related Reading: Legal Marijuana and Child Custody

    Is That Divorce Settlement Fair?

    As we’ve said, divorce has a major impact on your financial future. It’s important to handle your business so you don’t kick off this new phase of your life in the hole. You can’t just agree to a proposed settlement to be done with the process faster.

    What you need is to be certain a settlement is fair and gives you what you need. When you hire a divorce lawyer, they ensure an agreement includes what it should, that it’s the best you’ll get, and whether or not it’s fair.

    Related Reading: What’s the Average Cost of Divorce in Oregon?

    Can Both Spouses Use The Same Divorce Lawyer?

    This question comes up more than you might think. The short answer is: no, you can’t both use the same divorce lawyer.

    You’re not legally required to have counsel to divorce, but if you do, you and your spouse each need your own.

    Ethical rules—and in most cases, state laws—prohibit attorneys from representing clients with competing interests. And few situations so clearly present a conflict of interest as working for both sides in a divorce.

    Even seemingly innocuous questions have different answers for each party. If you ask a question, the response may be different than if your spouse asks the same one, and it’s an attorney’s job to make the language in any documents benefit their client.

    No matter what decision you ultimately make, just remember that ending a marriage impacts every facet of your life. With that in mind, it’s almost always in your best interest to hire a divorce lawyer. It seems and often is expensive. No one denies that. However, in most situations, experienced representation only benefits you and your case.

    Related Reading: How Is Property Divided In Divorce In Oregon?

  • Does Legal Marijuana Impact Child Custody?

    It took a few tries, but Oregon legalized marijuana in 2014 when a statewide vote approved Ballot Measure 91. This has been great for business, taxes, criminal proceedings, and general fun and games. It opened up a metaphorical can of worms from a legal perspective.

    Many areas felt the impact, including family law. It’s helpful to pause and ask how marijuana impacts child custody. Can you lose custody of your child for smoking weed? What about vaping? Or edibles?

    Even as more and more states vote for legalization, marijuana remains illegal on a federal level. Who can purchase it, where it’s sold, and when it can be used are heavily regulated.

    After legalization, prosecutors were quick to drop most pending misdemeanor possession cases. On the family court side of things, however, it continues to be an issue.

    Can You Lose Custody of Your Child for Smoking Weed?

    Even years down the road, this remains largely uncharted territory. As a result, there’s not a ton of information when it comes to how legal marijuana impacts child custody battles. At least when it comes to statistics and hard numbers.

    how does marijuana affect child custodyWhat we do have to go on is an ever-increasing pool of anecdotal evidence from around the country. We hear horror stories of parents losing custody of their children for growing a handful of legal plants.

    Or Child Protective Services pays a visit because one parent picked up a medical marijuana card.

    Though the courts may rule these children were in no imminent danger, such cautionary tales are indicative of the shady gray zone legal marijuana currently inhabits.

    Especially when a case involves minor children.

    If you’re a parent who indulges, it’s in your best interest to know how marijuana use, legal or otherwise, may impact your custody situation in divorce and separation.

    Related Reading: Do Step-Parents Have Rights in Oregon?

    How Does The Court View Cannabis?

    On a purely academic level, legal marijuana impacts child custody similarly to alcohol consumption. As you’re probably aware, the courts don’t always treat the two substances the same way. There’s a wide variance regarding how these cases play out.

    You may encounter a judge who’s sympathetic to your plight. But it’s entirely possible you’ll pull one with more of a hardline stance.

    Depending on the players, the results can swing wildly from one case to another.

    Related Reading: Fathers’ Rights and Child Custody: What You Need to Know

    How Does Marijuana Impact Custody Battles?

    Right or wrong, the public perception of the pot smoker often remains the image of a stoner slumped on the couch, chowing down on a bag of Chili Cheese Fritos, swigging Mountain Dew, engulfed by a cloud of smoke.

    how does marijuana affect child custodyThis isn’t always the case in reality. Many average everyday folks smoke weed now and again, or more and more, they ‘vape‘. It is, unfortunately, a problematic stereotype to get around.

    Especially as federal law still views marijuana as a Schedule 1 drug—the same category as heroin and LSD. There’s a seedy stigma that’s hard to shake.

    Child custody battles are rarely pleasant to begin with. If you and your ex got along like gangbusters, you’d probably still be together, right? And since the point is to prove you’re the more capable parent, things often get downright nasty.

    Name-calling and attempts at character assassination are commonplace. If you use marijuana regularly, your ex may present that as an example of why you’re not a fit guardian.

    Marijuana use may have zero impact on your ability to care for and protect your children, but it can still play a part in who gets custody.

    Whether or not there’s any truth to these claims, if you’re in a tense, hostile custody fight, the fact you smoke weed may be used to defame your character.

    In an ideal situation, using marijuana recreationally shouldn’t lose you custody of your kids. But we don’t live in a perfect world, do we?

    It likely won’t be the sole deciding factor—unless you smoke a ludicrous amount and your ex shows it makes you a terrible parent—but it often plays a role. Fortunately, there are ways to protect your parental rights.

    Related Reading: Do Criminal Charges Impact Child Custody?

    How Can You Protect Child Custody Rights?

    If you use common sense, recreational marijuana use shouldn’t become a real issue in your child custody case.

    • Don’t get high around your kids. If you know you need to look after them for the afternoon, stay sober while you do it.
    • Even if you’re only an occasional user, limit access to your stash.
    • Keep paraphernalia locked away, or at least out of easy reach of any kids who may be around.
    • If you have any edibles in your possession, make sure they’re not someplace the youngsters will find them while looking for a tasty afternoon snack. (No one wants to experience the horrifying realization that the brownie your son or daughter just polished off isn’t of the kid-friendly variety.)
    • In short, don’t be careless.

    Related Reading: Unmarried Parents’ Rights

    What’s a Good Comparison For Marijuana Use?

    If you’re looking for a guiding framework for how marijuana impacts child custody, alcohol is a good place to start.

    A beer here and there is fine. But if it negatively affects your ability to care for your children, it becomes a liability in your quest for custody.

    If smoking weed impairs you to the point where you can’t effectively look after your kids, leave the bong in the closet.

    Like with cigarettes, the people with the power to decide how much you get to see your kids won’t view smoking weed around your wards in a favorable light.

    And it should go without saying, if you’re high, never get behind the wheel of a car. Ever. It’s unsafe and reckless, but if you think your ex won’t use a DUI against you in a hotly contested custody fight, you’re in for a cold slap of reality.

    As with any controlled substance, your best bet may be to talk to your kids about it. Set boundaries and guidelines and make sure they’re educated on the subject.

    Related Reading: How Do Criminal Charges Impact Child Custody?

    How Does Substance Abuse Affect Child Custody?

    Up to this point, the discussion has generally revolved around the impact of occasional marijuana use. If there’s more habitual consumption involved, that poses a more significant problem.

    No matter what the drug or its legal standing—be it cocaine, meth, or alcohol—substance abuse and dependency will have something to say about who ultimately ends up with custody. Marijuana is no different.

    Just because it’s legal in Oregon and you’re able to stroll down the block and pick it up at that new pot shop, doesn’t safeguard you from the consequences.

    You can buy booze at every corner store in America. But if overindulgence or addiction becomes a problem in your daily life, they will likely become problems in your custody case, as it impairs your abilities as a parent, guardian, and caretaker.

    There are no set-in-stone guidelines or regulations when it comes to figuring out if and how marijuana impacts child custody cases.

    Realistically, the practical application of the law varies from judge to judge and court to court. Each case plays out according to the peculiarities of those involved. Maybe it won’t come up at all, but maybe your ex will try to nail your hide to the wall.

    Though it’s legal in Oregon, and may only be an occasional indulgence, be aware of the ways marijuana impacts child custody.

    Don’t give the other side any additional tools to use against you. Leave the bong in storage if you think it may play a role, at least until you have an answer. If it helps you get custody of your kids, isn’t that worth the sacrifice?

    Related Reading: Enforcement Proceedings: Protecting Custody Rights

    What About Vaping?

    More and more, instead of smoking marijuana, people choose to vape. This option has ballooned in popularity. As opposed to burning marijuana and inhaling the smoke, a device heats the cannabis until it releases the active ingredients, which are then inhaled.

    There’s a debate about the relative safety of vaping as opposed to smoking. But for our purposes, let’s focus more on how it may impact a child custody case.

    As this is also relatively new, there’s not much hard data. Certainly since vaping produces no smoke, that means there are none of the risks associated with second-hand smoke. That’s likely to be considered a positive by some.

    That said, courts may also view this as similar to smoking cigarettes around your children in terms of safety. Others may not.

    Still, more will view using marijuana around your kids in any capacity as a negative. There’s so much uncharted territory, and it varies from one case to the next, it’s next to impossible to predict how a specific judge will react.

    In general, the courts will likely view marijuana consumption as marijuana consumption, no matter the delivery method. This is true whether you smoke, vape, or use edibles or other products. If it’s part of your life, it’s likely to become a topic of discussion in your custody dispute.

    Related Reading: Right of First Refusal: Does it Do More Harm Than Good?

    Has the Stigma Changed?

    In states like ours, where marijuana is legal, the public stigma is changing. Old views remain, but they evolve as it becomes normalized.

    From a strictly legal standpoint, simply using marijuana recreationally shouldn’t negatively impact your custody claim. Still, the stereotype of the lazy, forgetful stoner persists.

    It’s sure to carry more weight with some people than with others, but it’s out there and you should be aware of it. Especially because you don’t always know how other people feel about the subject. You and your friends may not give it a second thought, but there remain negative associations in many circles.

    Think of marijuana use in terms of alcohol. Whether you drink whiskey or wine, you’re still consuming alcohol. And though it’s legal, it can still impact your case.

    If it compromises your ability as a parent, impairs your judgment, or use becomes a problem, it may pop up in court.

    If you find yourself in a hotly contested custody dispute, and frequently use marijuana, it’s entirely possible your ex might try to use it against you. Again, alcohol is a good comparison point. If you spend every night in a bar, that’s likely to come up.

    In short, even with legal status and changing views on the matter, since so much remains up in the air and subjective, it’s best to play it safe when it comes to marijuana use and your custody case.

    Related Reading: Oregon Pet Laws: Do You Have Pet Custody Rights in Divorce?


    From The Radio