Category: Divorce

  • Choosing Between Divorce and Legal Separation

    Ending a marriage is a huge decision. It’s a choice that impacts every facet of your life. Divorce is the most obvious option when a relationship is over, but in some cases, it’s not the best one. There are situations where staying married, but separating might work. It begs the question of whether divorce or legal separation is right for you.

    While it may seem like a strange choice, in some cases, legal separation has definite benefits. Every situation is different, so neither divorce nor separation is a perfect fit for everyone. But circumstances exist where opting to remain married does make the most sense.

    What Is The Difference Between Divorce and Legal Separation?

    On the surface, the most readily apparent difference between divorce and separation is that in one, the couple remains married, while in the other, they do not. It’s simple and straightforward in that regard.

    Divorce dissolves a marriage. Your union legally comes to an end. Former spouses are now free to pursue their lives without the complications of being married. They can date, remarry, and generally live their life without marital entanglements.

    Though a marriage may be, for all practical purposes, over, with legal separation, it remains technically intact. It’s possible for spouses to lead entirely separate lives but remain bound by law.

    In this scenario, people have to mark married on forms and can’t marry someone else. It’s also possible for separated couples to inherit property from one another and even receive benefits. These are big reasons why some people choose this route.

    Related Reading: How Is Debt Divided In Divorce?

    How Are They Similar?

    While there are distinct differences between divorce and separation, the two also share similarities.

    One is obviously permanent and final, while the other is less so. But for all intents and purposes, the end product is the same.

    In many cases, a legal separation essentially functions as an effective divorce.

    • A court order lays out the specifics of a split between two spouses.
    • The participants tackle the task of dividing shared assets and debts.
    • When there are children, they must create a parenting plan and deal with custody, visitation, and even child support or spousal maintenance.

    Though less binding, the mechanical process of separation often mimics that of divorce. As that stands, the question remains, which is the right choice, divorce or separation?

    Related Reading: Does Oregon Have Common-Law Marriage?

    When Is a Legal Separation the Right Choice?

    People choose to divorce or separate for many reasons. The motivations are as disparate and unique as the factors that lead to the end of a marriage.

    Some people choose separation as a step toward an eventual divorce, while for others it becomes a more permanent state.

    Reasons people may choose legal separation over divorce:

    • It allows couples time apart, away from the conflict of the marriage to decide if divorce is what they truly want.
    • It may allow for the retention of medical coverage and certain other benefits divorce ends.
    • If your religious beliefs conflict with the idea of divorce, you can live separately and retain your marital status.
    • If you are a military spouse, you may wish to remain married for ten years so that you can take advantage of the benefits set up by the Uniformed Services Former Spouse Protection Act.
    • Remaining married for ten years or more also means being able to take advantage of certain Social Security benefits for a spouse.
    • If the decision to divorce is made, the separation agreement can likely be converted into a divorce settlement agreement.

    Related Reading: 9 Common Mediation Questions Answered

    Financial Reasons For Legal Separation

    Financial reasons are a big reason why people choose to remain married but legally separate. In some instances, filing taxes together saves a couple money. There are legal requirements to continue to file jointly in cases of legal separation, so it’s best to consult a tax expert before trying.

    Pensions, Health Insurance, Social Security, etc.

    After ten years of marriage, a spouse is entitled to a greater share of Social Security benefits. For couples on the cusp of a decade, this often motivates the decision to put off divorce.

    As mentioned, military pensions and other retirement benefits often have similar regulations. These are powerful reasons to stay married.

    For the Kids

    For families with children, separation often proves less traumatic. Depending on age, it may be easier to explain that mommy or daddy lives somewhere else rather than explain divorce.

    Negotiating a legal separation is also often less stressful for the adults involved than navigating divorce. And in some cases, legal separation offers the benefits of both divorce and marriage.

    Access to Healthcare

    Most employer-supported insurance plans don’t cover exes. Over the years, divorce has left many without adequate coverage. As with taxes, many companies view legal separation in the same light as divorce, so it’s important to closely examine policies.

    Still, there are times when coverage continues. Especially in cases where one spouse has a chronic condition, this is often huge.

    Legal fees

    Cost presents another factor to consider when choosing divorce or separation. If the case requires attorneys, the cost of legal separation and divorce are virtually identical.

    For cases without lawyers, the cost may be much less. Down the road, however, if you convert the separation to a divorce, you wind up paying again.

    These are all financial questions to consider when choosing divorce or separation.

    Related Reading: The Cost of Divorce: What You Should Know

    Drawbacks Of Separation

    While there are potential benefits to choosing separation over divorce in certain situations, there are also drawbacks.

    As the name implies, legal separation involves more than one spouse simply moving out. It requires a court order.

    Just packing up and leaving opens you up to many consequences. If you and your spouse own a home together, you may lose any future claim to the property. When you leave kids at home, moving out often impacts your chances of becoming the custodial parent.

    Moving out doesn’t automatically alter any pre-existing financial obligations. If your spouse runs up debts on joint credit cards or misses payments on a car loan that’s in both your names, you remain liable. Your credit can take a hit and creditors may even come after you for payment.

    Whether you choose to divorce or to separate is complicated. There’s no one-size-fits-all answer. Like most cases, it boils down to a specific set of circumstances. In some situations, divorce winds up the optimal choice. For others, legal separation fits the bill.

    However it plays out, this is a significant decision, one with lasting consequences. Make sure to take the time and consider all of the variables before deciding on divorce or separation.

    Related Reading: Community Property Vs Equitable Distribution: What’s The Difference?

  • Does Dating During Divorce Harm Your Case?

    This question often comes up when ending a marriage: Does dating during divorce harm your case?

    Divorce signals the end of a relationship. Whatever the reasons, it just didn’t work out, and divorce makes that final and official. Your marriage may have been over for a long time and the divorce process often feels like a waiting period.

    By this point, you may want to get out there and explore new romantic possibilities. But along with this desire, there’s also the worry it may negatively impact the outcome of your divorce.

    How Does Dating Affect Divorce?

    Once you put the wheels in motion, it often sounds like the perfect time to re-enter the social scene. But you want to carefully consider your circumstances.

    Dating during a divorce sometimes carries unforeseen and serious consequences when it comes to your case. It doesn’t happen in every situation, but it’s vital to understand the potential risks and hazards.

    Dating during divorce, since the marriage is still legally intact, may technically constitute adultery. A lot of this revolves around the date of separation—when spouses no longer live together as a married couple and can freely begin new relationships.

    Like most states in the union, Oregon practices no-fault divorce. This means neither party must prove the other is responsible for the breakup. In realistic terms, this means infidelity of any variety doesn’t often have a ton of impact on your divorce.

    Related Reading: How to Divorce in Oregon

    How Dating During Divorce Can Harm Your Case

    That said, there are still ways dating during divorce often plays a role. As usual, it varies from case to case and can have an effect in certain circumstances. Still, here’s what you need to keep an eye on.

    Division of Property

    During the division of property in a divorce, the goal is generally for both spouses to emerge on relatively even footing. Beyond that, the idea is for each to maintain a lifestyle equivalent to the one enjoyed during the marriage.

    For the most part, dating during a divorce doesn’t generally factor into this realm. But it can. Living situation directly impacts lifestyle and needs.

    Even if there’s no cohabitation, expenses accrued during a relationship can play a part. Dates, dinners, nights out, vacations, gifts, and more, all of these costs add up.

    If that money comes from shared accounts, or one party runs up new debts on joint credit cards, the responsible spouse needs to account for all of that. This may influence the division of property down the road.

    Related Reading: The Division of Property in Oregon

    Child Custody and Visitation

    In child custody cases, the court places the best interests of any minor children above all other concerns. Despite parental preference or convenience, if it’s not the better choice for the kids, it’s not the better choice in their eyes. Plain and simple.

    Dating during divorce can affect child custody or visitation in a couple of ways. Again, can is the key word here.

    One of the key pieces the courts look at when deciding on child custody is safety. If a new significant other, or even a string of unhealthy relationships, jeopardizes this, the court considers it.

    Living with a new partner who has a negative influence or even poses a potential threat also obviously impacts your custody case in a negative way.

    When there’s even a question of that, your ex will more than likely bring it up in a heated custody battle. Even if it only looks like you’re more interested in going out and dating than focusing on your children, that can damage your cause.

    Kids go through a lot during a divorce, and it’s often tough to watch parents dating during a divorce. They may not be entirely comfortable with your choice of romantic partners, or your ex’s for that matter.

    While the courts don’t usually allow the children’s feelings to sway these decisions, they may listen to what older children have to say. Everyone has a tough time, but kids are especially susceptible.

    Related Reading: Parental Evaluations In Oregon

    Child Support and Spousal Support Payments

    Dating during divorce is one thing, but cohabitating with a romantic partner is another. When it comes to determining child support and spousal support, this move may have a dramatic impact. Living with someone often plays into how much support the courts ultimately award.

    When it comes to figuring out child support if you’re granted custody, the state of Oregon has a formula. It accounts for many factors, including need, income, parenting time, and more.

    It also considers living expenses.

    If you live with someone new and share expenses, this may lessen the amount of child support you receive.

    In terms of spousal support, dating during divorce also wields substantial influence. Less formulaic than child support, the court weighs, among other elements, factors like:

      • Need.
      • Future earning potential.
      • Health.
      • Age.
      • What is just and equitable given the circumstances.

    Again, splitting expenses by sharing a home with another person may, in some cases, undercut alimony payments.

    Related Reading: Common Child Support Questions Answered

    Dating During Conflict

    Ending a marriage is already an intense and emotional time. Feelings are raw and egos get bruised. In some cases, dating during divorce accentuates these ill feelings. Seeing your ex with a new partner, or vice versa often intensifies conflict. For many people, it’s hard not to take it personally.

    Your ex may push harder or be more resistant than otherwise out of spite, whether conscious or not.

    If there are claims of adultery or marital misconduct, the other side may point toward dating during divorce to support those accusations, true or not.

    In short, it can make an already tense situation that much worse.

    Getting back out there after a marriage ends and starting to live life again is an important step for many people. Just because one relationship didn’t work doesn’t mean all are doomed to the same fate. Especially if you meet the new love of your life.

    At the same time, it’s important to consider the impact of dating during a divorce. Think about how it influences your case, what your kids think, and how it affects your life moving forward.

    Don’t make hasty, rash decisions, and don’t rub your ex’s nose in it. At best, that makes you look bad. At worst, you may hand your ex a potential advantage in the divorce process.

    Related Reading: How Does Legal Marijuana Impact Child Custody?

  • Social Security and Divorce: What to Know

    Over the course of a marriage, two lives become inexorably entwined. Divorce is the process of untangling them. A relatively straightforward feat in shorter unions, the longer you and your spouse stay together, the messier things get. Many people often neglect to account for how ending a marriage affects things like retirement, Social Security, and more.

    How Divorce Affects Social Security

    For marriages over ten years, you need to be aware of how divorce impacts Social Security. Here’s what you need to know.

    Social Security Basics

    When it comes to collecting Social Security benefits based on your former spouse’s work record, many factors come into play.

    You must have been married for at least ten years, be older than 62, and you must be currently unmarried.

    Whether or not your ex remarries doesn’t matter.

    To receive Social Security based on your former marriage, any benefit based on your work history must be less than what you’d get from your spouse.

    Essentially, you collect one or the other, not both, and receive the larger payout.

    To acquire these benefits, your former partner must actually be eligible for Social Security retirement or disability in the first place.

    Even if your ex hasn’t taken them yet, if you divorced more than two years ago, the law allows you to claim these allowances.

    Related Reading: Can You Make Major Purchases During a Divorce?

    Social Security Benefits

    So, you’re eligible to collect Social Security based on your former spouse’s work history. Great. What you get depends on what they qualify for and when you take them.

    • If you wait until you hit full retirement age, you’ll be eligible for payments that are half of what you would get.
    • However, if you opt to receive payments before you hit full retirement age, less money comes your way. And not only will the payments be less, but they also remain lower permanently.

    Related Reading: How is Student Loan Debt Handled in Divorce?

    If Your Ex Dies After The Divorce

    Death is a part of life, especially as we get older. Your ex may die before you. In this situation, there’s a bit of good news, as you may still be eligible to receive benefits.

    You may qualify as a surviving divorced spouse. If you fit this bill, the survivor benefits are 100% of what your ex received at the time of death.

    To meet these Social Security requirements, you must be older than 60, or 50 if you have a disability. And again, your marriage must have lasted at least ten years.

    Depending on the circumstances, remarriage also impacts whether or not you qualify as a surviving spouse.

    If you marry again before turning 60 (or 50 if you have a disability), you no longer meet the requirements.

    However, if you wait until after 60 (or, again, 50 in the right circumstances), you can remarry and still collect against your former spouse.

    Related Reading: How To Protect Your Business During A Divorce: How Is It Divided?

    Multiple Marriages

    It’s not uncommon for people to marry multiple times. And multiple divorces have become almost as common. This, of course, impacts potential Social Security benefits. It also matters which spouse has multiple exes.

    You married multiple times

    If you’ve been married and divorced multiple times, you can still collect Social Security based on your ex. As with most situations, ten years is the magic number. So, in the case of shorter marriages, you likely won’t qualify. And you can only collect a single benefit. If you were married three times, you don’t collect three checks. Sorry.

    Your ex married multiple times

    As long as your marriage lasted ten years or more, you can still claim Social Security benefits using your ex’s record. In fact, if they crossed the ten-year threshold, any former spouses qualify, no matter how many exist. If you meet the requirements, you get the benefits, even if there are other former spouses and even if they also apply.

    Related Reading: High Asset Divorce Mistakes And Divorce

    Social Security And Children

    In most situations regarding divorce, the presence of children complicates matters. Unsurprisingly, that’s also the case when it comes to collecting Social Security benefits after divorce.

    If you care for an ex-spouse’s child under the age of 16—the child must also be biologically yours or legally adopted—you qualify to receive benefits on your spouse’s work record at any time. Even if the marriage lasted less than ten years. These benefits continue until the child turns 16.

    When it comes to long-term marriages, Social Security often becomes an important retirement benefit. As with most legal issues, the rules and requirements get complex and tricky. However, this often represents a substantial amount. In many cases, it forms a vital piece of your financial puzzle. Because of that, it’s likely in your best interest to at least explore the idea.

    Also, any benefits your former spouse receives have no bearing on your own Social Security. Even those based on your work history.

    Related Reading: Property Division And Unexpected Divorce Assets

  • Divorce Statistics: From the Interesting to the Surprising

    Looking at divorce statistics often gets overwhelming. It’s harrowing to hear that oft-repeated statement that 50% of marriages end in divorce. (FYI: The 50% figure is not accurate and has never reached that level.)

    Sometimes it’s tough to interpret the raw numbers and determine what they really mean. With that in mind, let’s take a look at some interesting, useful, or just downright surprising divorce statistics and provide some additional context.

    By the Numbers

    • The median ages for first marriages in the United States are 26.9 years old for men and 25.3 years old for women.
    • On the other end, the average age for couples going through their first divorce is approximately 30 years old—30.5 for men, 29 for women.
    • The average length of a first marriage that ends in divorce is roughly eight years—7.8 years for men, 7.9 for women.
    • Moving into second marriages that end in divorce, the timeline shortens somewhat. In these cases, the median length for men is 7.3 years, while for women it drops to 6.8 years.
    • If a person does ultimately remarry, the average time between their divorce and the next wedding is around three years—3.3 years for men, 3.1 years for women.
    • 2021, the most recent data available, saw 689,308 divorces and annulments in the United States. This represents a drop from 877,000 in 2011. In fact, the number of divorces in America has declined almost every year this millennium.
    • This number breaks down to almost 1889 divorces per day. Which averages out to roughly 79 divorces per hour and just over 1.3 divorces per minute.

    Related Reading: Millenials, Boomers, And Gen X-ers Oh My: Breaking Down Divorce Rates By Generation

    More Marriages = More Divorces

    It seems logical to think that after one divorce, people are less likely to divorce again. You learn some things through your experience and emerge wiser, with a better sense of what you want and need. Right?

    That certainly happens in some cases. People become more cautious and make sure a relationship is sturdy and stable before taking that next step. But that’s not how it happens in every case. Looking at the divorce statistics illustrates this point.

    In reality, with each subsequent marriage, the chances of divorce greatly increase. The numbers break down like this:

    • 41% of first marriages end in divorce.
    • 60% of second marriages end in divorce.
    • 73% of third marriages end in divorce.

    While these numbers appear staggering at first glance, it helps to remember that as a person goes along, the sample size shrinks significantly. There are substantially fewer third marriages than second, and substantially fewer second than first marriages.

    However, after all of this, if you still marry a fourth time, you may just be a glutton for punishment.

    Related Reading: What are Grounds for Divorce in Oregon?

    How Common Are Second Marriages?

    Divorce is so commonplace that most people barely bat an eye when finding out someone was married. Most of us have friends, family members, or are ourselves divorced.

    In 2004, a U.S. Census Bureau survey found that in 36% of weddings, at least one spouse was remarrying. That means, in more than one-third of marriages, one party had previously been married.

    This doesn’t mean, however, that every marriage ends in divorce or that everyone marries multiple times.

    In fact, like the divorce rate, the rate of remarriage has also declined steadily over the years. Research shows that between 1990 and 2019, the remarriage rate dropped nearly 50%.

    Men are statistically more likely to remarry, with a 35.1% remarriage rate, than women, who remarry at a 19.4% rate.

    Related Reading: Has The Divorce Rate Ever Been 50%? Nope.

    Declining Marriage Rates

    The overall marriage rate has declined steadily over the last few decades. Young people between the ages of 20-34 opting not to marry, or pushing it off until later in life, is a significant contributing factor.

    Since 2000, the percentage of this age group who haven’t married has spiked in every state. According to one 2016 report, 81% of this demographic in Washington DC remains unmarried.

    This number may be exaggerated in city centers where young people relocate to work, but it reflects a broader trend. In many states, the number currently hovers around 70%, whereas at the turn of the 21st century, the highest was 57%.

    Recent numbers are themselves indicative of a larger evolution. As of the 2020 U.S. Census, 46.9% of the population, more than 92 million Americans, were part of a married couple. This marks a decline from 2000, where that figure was approximately 55%, which continues a trend. For context, in 1990, that number was in the 60% range, and in 1970, it was above 70%

    Related Reading: 10 Truly Scary Divorce Facts

    What Do These Divorce Statistics Mean?

    In the end, what do all of these divorce statistics mean? They show current trends and illustrate how ideas on marriage and divorce evolve over time. They provide a removed, big-picture glimpse at the state of marriage and divorce.

    What these divorce statistics don’t offer is a look at individual situations and specific circumstances. It’s easy to glance at these figures out of context and think everything is doomed. But these numbers are just that, numbers.

    Divorce statistics that lean one way or another don’t mean that’s how every marriage plays out. Sometimes second and even third marriages stick and are wonderful. The people involved and the work they put in determine the success or failure of a marriage, not the numbers.

    Related Reading: Breaking Down Rates Divorce By Generation

  • How Is Custody Determined For Children With Special Needs?

    Raising kids is tough, even in the best of circumstances. Raising a child with special needs only increases the challenges of parenthood. Throw divorce into the mix and it becomes a whole other world. Parents face a variety of legal and practical concerns, which is why finding the right child custody lawyer to handle your case is so vital.

    How Is Divorce Handled With Special Needs Children?

    You have specific things to consider in a divorce between parents of a special needs child. However, the biggest question remains the same as any other custody case: what’s in the best interests of the child?

    In this case, the “best interests” may look different than in others, but that’s ultimately what the court wants to determine. Everything else goes from there.

    Standard child custody cases already have a great deal to contend with. Where the child lives; who pays child support, and how much; how often you see the kids, and for how long; and much more.

    When a child has a disability or special needs, you must also address the specific requirements of their situation.

    Ideally, both parents were equally involved in caring for the child. But that’s not always the case. Often, one parent or the other winds up the primary caregiver. This tends to factor into how the court defines the child’s best interests.

    Custody cases are complex in the best of times. When a child has special needs, they can become even messier. In a perfect world, the parents should work all of this out during the divorce process and the divorce settlement will reflect this. But these unique challenges also present a great deal for a child custody lawyer to deal with.

    Related Reading: Best Interest Of The Child

    How Are Custody and Visitation Determined?

    In many cases, visitation for children with special needs takes a different form than in other situations.

    For example, in children with autism, routine and structure are often cited as important factors. Stability and consistency help keep them calm and comfortable. Shuffling the kids from one house to another on alternating weekends, or for midweek overnights, may throw their regular pattern into chaos.

    It’s also important to consider the mode of transport.

    • How will the child get from one place to the other?
    • Will the child travel via some form of transit or will the parents personally handle it?
    • What if medical equipment also needs to make the trip?
    • How close are the respective homes to necessary medical care?

    These are just a few of the many questions that need answers.

    A more common visitation arrangement may not necessarily work in every situation. You need to consider all the specific variables. Any parenting plan must account for this, which provides one more issue for a child custody lawyer working on the case.

    Related Reading: Fathers’ Rights And Child Custody

    Considering Medical Care

    A child with special needs has exactly that, special needs. What this entails depends on the precise nature of the disability. This may involve regular medical care, specific medications, or particular dietary requirements. Certain physical surroundings may trigger a child.

    Whatever the special needs, both parents and their child custody lawyers need to be equipped to deal with them. If you have a nonverbal child, it’s important to know how to communicate. If your child can’t be around crowds or lots of loud noise, it’s also vital to know not to take them to a Trail Blazers game.

    As part of a divorce settlement, the parenting plan should include all of this. Whatever the daily care the child requires, the final orders must address those details. It’s important to the health and well-being of your children.

    Related Reading: What Is The UCCJA? A Look At How It Protects Children

    Financial Considerations

    Part of ensuring your child gets the care he or she needs likely involves money, and there are also many financial angles to consider. Regular medical care and any specific equipment or medications cost money, often a lot of money.

    In certain cases, special needs children may also be eligible for Supplemental Security Income or other federal benefits. Divorce may also change health insurance coverage and that’s a huge issue to think about. These, and many other concerns, are vital for a child custody lawyer to consider when formulating a case.

    It’s important to take steps to make sure care costs and treatments are covered and that benefits continue after divorce.

    If caring for the child is a full-time job for the primary parent, spousal support payments may reflect this. In certain cases, child support payments may continue past the age of 18, when they usually cut off.

    It must be noted that the phrase special needs is also incredibly broad. This is often used to cover everything from learning disabilities to chronic medical conditions and more. No two divorces are ever the same, and neither are any two special needs children. What applies to one case may not apply to another.

    Related Reading: Do Courts Ever Award Split Custody?

  • Mistakes Men Make In Divorce

    Over the course of the process of ending a marriage, things tend to get messy and complicated. There are a number of common mistakes made in divorce. Mistakes that damage your own case.

    In straightforward, low-conflict cases, things may progress smoothly. However, with forms to fill out, appointments to appear at, and many other moving parts, it doesn’t take much for problems to arise. That doesn’t even take flaring emotions into account.

    Mistakes Men Make in Divorce

    Men often make mistakes in divorce in a number of areas. It’s vital to know these common missteps and steer clear of easily avoidable problems.

    Ill-advised choices harm your cause in a variety of ways. You may miss out on assets in the division of property. Mistakes can impact spousal maintenance, child support, or even custody arrangements.

    What Not To Do

    Don’t Ignore Finances

    This should come as no surprise, but divorce is expensive. One of the frequent mistakes men make in divorce is ignoring finances. It costs money to file papers or respond to a motion. Then there are attorney’s fees.

    When preparing for divorce, put money aside so unexpected expenses don’t blindside you.

    Beyond that, you also have many other factors to consider, including:

      • Keep an eye on joint bank accounts or credit cards.
      • Make moves to establish your own individual accounts.
      • If you’re on your spouse’s health insurance, you need to find your own coverage.
      • Document all of your assets and debts.
      • Don’t forget about your financial paperwork. This includes bank statements, retirement papers, loan documents, life insurance policies, investments, and other similar documents.

    You have to submit this to the court anyway, so having it ready in advance saves time.

    It also gives you a clear picture of what you have. Too often, men think they have a handle on what they make and spend, only to have that come back and bite them.

    Related Reading: How Do Major Purchases Affect Divorce?


    Don’t Settle On Unfavorable Terms

    Even in the best of times, divorce is stressful and emotional. By the time you reach this point, you probably just want it to be over and done with as fast as possible.

    That’s a natural feeling. But it also leads people to damage their own divorce cases and is a common mistake men make in divorce.

    Too frequently, people agree to unfavorable terms in a settlement simply to get to the end. Dissolving a marriage hurts and the process takes a long time, but don’t settle just to speed things up. Take the time to consider what you truly want and go after it.

    Finances, child custody, spousal support, and more have huge impacts on your future. It’s important to take the time and get what you need from divorce.

    Related ReadingHow Long Does Divorce Take?


    Don’t Move Out Too Soon

    If your marriage is broken beyond hope of repair, it makes logical sense to move out of a shared home. However, while moving out seems like a natural choice, it can have serious long-term consequences you need to be aware of.

    In terms of custody, moving out may create the perception, true or not, that you’re abandoning your kids or that you’re not a dedicated parent. Children pick up on tensions at home and no children want to watch their parents fight.

    The urge to escape this conflict or alleviate the tension is natural, but it can also hurt your chances of getting custody down the road. The courts want to limit changes in a child’s life, so if you establish a precedent that you’re okay with minimal parenting time, that can come back on you.

    In terms of property division, moving out of a shared home can diminish your claim to it later. A house is likely the most valuable thing you own. Because of this, it’s also the most substantial piece on the table when it comes to splitting up assets.

    In regards to spousal support, when you move out, the bills still stay behind. Even after setting up a new residence for yourself, the court may presume that the amount you pay in both residences is financially viable and order you to continue to pay that amount, or something similar.

    Related Reading: Moving Out Too Soon, How Does it Negatively Affect Your Divorce?


    Don’t Be Passive

    Don’t be too passive in the divorce process.

    You may want to get this over and done as quickly as possible. It’s easy to agree to everything your spouse proposes and move on. After all, it cuts down the conflict and speeds things up.

    But that can harm your best interests and cause serious long-term financial consequences.

    The division of property, spousal support, and child custody all greatly impact the next step. Take the time to figure out what you want and fight for it when necessary.


    Don’t Argue About Every Asset

    The flip side of that coin is arguing about everything. This is one of the big mistakes men make in divorce.

    You may not want your ex to get anything and fight every step of the way. After years of marriage, you’re bound to have legitimate disputes.

    But some people fight out of spite or revenge. This gets expensive, wastes everybody’s time, and leads to more conflict and trouble than necessary.

    In general, the court divides property in an equitable fashion anyway. It may skew one way or another, but overall, the scales rarely tip severely to one side.

    Also, fighting about every individual item gets exhausting. You have way more important things to spend your energy on. Again, think about what you truly want and truly need. Pick your battles where they’re most important.

    Related ReadingWhat is Legal Separation and Is it Right for You?


    Don’t File For Divorce When You Aren’t Prepared

    Many think that being first out of the gates gives you an advantage and rush to file for divorce first. This does prove true in some cases, but not all. Depending on the situation, this strategy can cause people to seriously damage their own divorce cases.

    If you’ve prepared ahead of time, have everything in order, and feel ready, by all means, file the paperwork and start the divorce process. But too often, people don’t adequately prepare first.

    Organize your documents, set money aside, and have a clear plan of action. Establishing a solid foundation for your case benefits you far more than being the first to file. In the end, both sides have the opportunity to present their cases, and most of the time, any advantage to filing first is relatively minimal. Being prepared and organized has much more of an impact.

    Related ReadingDivorce And Filing Forms: How To Get Divorced In Oregon


    Not Consulting An Attorney

    It’s easier than ever to take a do-it-yourself approach to end your marriage. Online resources offer a step-by-step guide through the process. Just download the forms and with a minimum of fuss, you can file, pay the fees, and be on your way.

    While it’s ideal for certain situations, this DIY approach often leads people to damage their own divorce cases.

    This strategy works best in simple situations. Usually, this means shorter marriages without children and with little or no shared property. DIY often works well in these scenarios.

    But the longer a marriage, the more complicated the case, and the more complex the process will become. The potential to make mistakes increases, and it’s possible to do a great deal of harm without speaking with an attorney.

    One of the common mistakes men make in divorce is thinking they don’t need help. It puts you at an even greater disadvantage if your spouse has an attorney and you don’t.

    Related Reading: What is Pro Se Divorce? A Look At DIY


    Don’t Ignore Self-Care or Mental-Wellness

    Mental health is a prominent casualty of divorce. Men are more likely to suffer from depression in the aftermath. This despair often leads to a downward spiral—sometimes gradual, sometimes rapid.

    Dont Keep It To Yourself and Bottling It Up

    Often arriving with a potent cocktail of guilt, anxiety, uncertainty, grief, and even fear, divorce can be a sucker-punch to self-worth and self-esteem.

    Programmed to suffer in silence, many men carry this heavy weight on their shoulders alone rather than turning to friends, family, loved ones, or even professionals to help cope with these feelings.

    This frequently becomes a negative influence on overall mental and emotional health.

      • Men are more likely to suffer from depression following divorce.
      • Alcohol abuse, drug use, and other potentially detrimental behaviors spike in the wake of divorce as many men look to otherwise occupy themselves.
      • Following a divorce, suicide rates in men swell.
      • Men have been shown to be at an increased risk for a variety of health issues after divorce. This includes hypertension, heart disease, and even cancer, among other serious concerns.

    You don’t need to post every thought you have on Facebook—in fact, maybe stay off social media during the divorce—but it’s nice to have people to confide in. You may even want to look into seeing a therapist. Professionals offer helpful insight and advice in trying times.


    Your Lawyer Can’t Be Your Therapist

    Divorce lawyers are privy to intimate details about your life. Often things no one else knows, not even close friends. Too often this leads people to unburden themselves. This costs time and, importantly in this case, money.

    Your lawyer wants the best outcome for you and should empathize with your situation. But they’re not your confidant. Their job is not to offer emotional support and help you deal with personal problems.

    Talking to a therapist, counselor, or support group is beneficial and healthy. 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. They’re better equipped to help with what you’re going through. And likely less expensive.


    Don’t Act Out Of Spite

    Divorce often comes with wounded feelings, anger, and disappointment, all of which may well be justified. But acting out of spite and using this as a tool to get revenge is one way people damage their own divorce cases.

    More often than not, this makes the situation messier than it needs to be.

    It creates hostility, conflict, and additional problems. People often waste time and energy, and money, fighting about things that are in reality relatively minor.

    Divorce is a complex process with many roadblocks and problems that pop up. This list represents just a few common mistakes men make in divorce. Much of your future hinges on decisions you make here and now, so it’s vital to spend the time and effort to get it right.

    Related ReadingDo You Qualify For A Summary Dissolution?


    From Goldberg Jones Radio

  • 5 Common Ways To Celebrate Divorce

    People love to celebrate. We’ll take any excuse to throw a party, whether it’s a holiday, a promotion at work, or the Trailblazers making a playoff run. While we usually think of ending a marriage as a serious, somber affair, that’s not always the case. Increasingly, many people take the occasion as an excuse to celebrate divorce.

    It’s difficult to end a marriage and it alters your life in almost every way. Even when it’s the right decision, the absolute best choice, that doesn’t make it any easier. There’s so much stress and emotion involved that when it’s finally over, it’s normal to feel an intense sense of relief and even freedom.

    It’s easy to wallow, but more and more, people choose to celebrate divorce instead. And what better time to party than when you close the door on a painful chapter of your life and start off in a new direction?

    Commemorating the dissolution of marriage takes many forms. One company sells tiny coffins to bury your wedding ring, and people often burn mementos from their relationship in a cathartic act. But let’s take a look at some of the more festive, life-affirming, and downright fun ways people celebrate divorce.

    Ways to Celebrate Divorce:

    Divorce Parties

    What better way to celebrate divorce than by throwing a party? This is also probably the most obvious, high-profile ritual for moving forward. Who doesn’t want to be surrounded by loved ones and have a good time after a trying experience?

    Divorce parties take many forms and cut across the whole spectrum. Maybe your ideal way to celebrate divorce is to share a quiet meal, a few drinks, and some laughs with close friends. Then again, after ending your marriage, maybe you’re in the mood for an all-out rager the cops have to bust up.

    How you celebrate divorce boils down to personal preference. But this type of revelry has become so commonplace that party planners and event specialists regularly field such requests. From subdued to outrageous, no matter your tastes, there’s someone out there to help you plan the perfect divorce party.

    Related Reading: Surviving Thanksgiving For Divorced Dads

    Divorce Cakes

    What’s a party without a cake? And what’s a divorce party without a divorce cake? A wedding cake is an integral, symbolic part of most marriage ceremonies, so it adds a bit of poetic justice to have one at the other end.

    A veritable cottage industry has sprung up around divorce cakes. Just do a quick Google image search to see the incredible variety that exists in the world.

    These divorce desserts run the gamut from simple sheet cakes with words like “Freedom” written in frosting to elaborate, multi-tiered confectionary wizardry.

    Think broken hearts, a chocolate ball and chain, and effigies of exes being devoured by monsters. Astonishing inventiveness abounds, and there’s a certain catharsis to literally biting off your ex’s head, even if it’s only in tasty dessert form.

    Related Reading: How Oregon Divides Property in Divorce

    Divorce Selfies

    Selfies are a ubiquitous presence these days, so the rise of divorce selfies probably shouldn’t surprise anyone. Couples amicably ending a marriage have started taking to social media to joyously celebrate divorce and share their enthusiasm with the world.

    Often these photos take the form of a smiling, otherwise happy-looking couple. They brandish divorce certificates or show off a newly ring-free finger on their left hand. Some are simple, straightforward, and spur-of-the-moment, while others are more elaborate and planned out in advance.

    Ending a marriage doesn’t always have to be dour and rife with conflict, and divorce selfies illustrate this. Not every split turns into a contentious, knock-down-drag-out fight between spouses. And marriages don’t always end on bad terms. Maybe your union just didn’t work or the two of you simply grew in different directions.

    It’s possible to divorce and move forward with positivity, to see divorce as a good thing, and that’s worth celebrating.

    And even if their divorce was a hellacious affair, many still take to social media to mark the occasion. After all, pics or it didn’t happen, right?

    Related Reading: Ways to Prepare for Divorce

    Do Something You Always Wanted To Do

    Divorce often comes with a newfound feeling of freedom and liberation, like casting off an anchor that held you down. One way many people celebrate divorce and this fresh independence is to do something they’ve always wanted to do but haven’t been able to do before.

    How this urge manifests is as different as the individual people out there. Maybe you’ve always wanted to travel abroad, go on a cross-country road trip, or live in a new city. Perhaps it’s time to challenge yourself and train for that marathon you’ve dreamed of running. Have you always wanted a tattoo but your ex hated body art?

    Newly unfettered by the bonds of marriage, one way to celebrate divorce is to indulge these whims.

    Related Reading: Breaking Down Divorce Rates by Generation

    Reinvent Yourself

    Along the same lines, starting over means that you have the opportunity to start fresh and reinvent yourself. You can revamp your personal style, update your wardrobe, or get in shape. Now you have the freedom to release your dormant passions, experiment with new ones, and become the best version of yourself.

    People have come up with all manner of ways to celebrate divorce. From gift cards and bumper stickers to massive parties and completely retooling their lives, endless possibilities await.

    People react to ending a marriage in a variety of fashions. But it’s probably best to celebrate divorce in a positive way, to revel rather than mourn. Especially if you have children, it’s important to keep things amicable. You’ll have to deal with your ex on a continual basis, and rubbing their nose in it will likely lead to bad feelings and friction.

    Related Reading: 9 Common Mediation Questions Answered

  • Divorce Over Politics? How Political Differences Cause Divorce

    The old maxim goes: never talk politics or religion in polite company.

    It’s taken numerous forms over the years, but that’s the general gist. And it’s solid advice. People feel passionate about these topics and conversations often become heated. Friendships have ended for less.

    It’s one thing if coworkers or even friends have drastically different political beliefs. This often leads to difficult interactions in social situations or at your job. That’s hard enough to handle. But it’s something else when it’s your spouse.

    In reality, politics and political leanings often have a huge impact on the stability of relationships and marriages. Ongoing political disagreements often lead to divorce. And it’s only getting worse.

    With divisive political figures, most notably Donald Trump, amongst others, and contentious issues cropping up on a regular basis, it’s increasingly common to see cases where politics cause divorce.

    Related Reading: Has The Divorce Rate Ever Been 50%? Nope.

    The Trump Effect

    Popularized as “The Trump Effect,” the 45th President of the United States had a significant impact on divorce and relationships. He mobilized a wave of supporters, exploited key differences, and created a significant rift in many circumstances.

    His presence in the Oval Office also had a substantial impact on personal relationships. Friendships ended, families were at odds, and marriages came to an end, all because of individual feelings toward the former POTUS. A trend that has continued.

    One of the most highly publicized examples is the case of Gayle McCormick. The 73-year-old retired California prison guard divorced her husband of 22 years because he voted for Trump. She called it a “deal-breaker” and said she felt “betrayed.”

    Related Reading: Saving Money on Divorce

    Generational Differences and Politics

    While McCormick’s case may be the most well-known, she’s nowhere near the only one to react this way. In December 2016, a poll of 6000 people found that 16% of those who responded stopped talking to a friend or family member as a direct result of the election. 17% also said they blocked friends or family on social media for the same reasons.

    Wakefield Research, a marketing firm, also conducted a similar survey. Their in-depth study of 1000 “nationally representative U.S. adults” found comparable results.

    Their collected data indicates that 11% of Americans, more than one in ten, have ended relationships over political differences.

    For younger generations, this number climbs steeply.

    • According to the responses, 22% of Millennials, more than one-fifth, have ended a romantic relationship because of political strife.
    • 22% of people in the Wakefield survey know someone “whose marriage or relationship has been negatively impacted specifically due to President Trump’s election.”
    • This number skyrockets for younger people, spiking to 35% for Millennials.

    Related Reading: Breaking Down Divorce Rates By Generation

    Political Differences and Divorce

    Politics and divorce often go hand in hand. Such disputes have always been a huge source of shattered marriages. That’s unlikely to change anytime soon. But what can you do if you and your spouse fall on opposite ends of the political spectrum?

    Such conflict can kill relationships and lead to divorce. Can is the keyword.

    Just because such differences often cause conflict that ends marriages, that doesn’t mean they will. It’s not inevitable.

    Every situation involves different people and no two play out exactly the same. If you and your spouse have political disagreements, whether that leads to divorce depends on you.

    Some couples are able to work around opposing views. It may take time and effort, or even steps like counseling, but it may be possible. One approach is to focus on the values you share instead of those you don’t.

    People from all walks of life, backgrounds, and political parties marry and lead happy lives. It happens all the time. But even if a couple finds a temporary solution, that may not be the best base for a successful marriage.

    Related Reading: Creating a Divorce Strategy

    Ignorance is not Bliss

    Pretending a disagreement doesn’t exist isn’t a great strategy. Ignoring a problem doesn’t make it go away.

    It may work in the short term, but it can lurk under the surface and cause unseen, unacknowledged tension. In the end, burying it may only lead to a bigger fight down the road.

    At some point, if you can’t find a way to comfortably live together, you may need to reexamine your marriage.

    Some differences are simply too profound, too fundamental to get past. No matter how much you care about one another, you may need to take a long, hard look at your situation and give it an honest evaluation.

    Can you continue to live with and love a person you disagree with on a basic, deep-down level?

    Only you can answer that question for yourself, but it’s one you need to figure out eventually. At some point, the detriments start to outweigh the benefits and it’s important to determine what you need and what’s in your best interest.

    Related Reading: Divorce Statistics: Interesting & Surprising

  • How COVID-19 Affects Divorce, Support Payments, and Child Custody

    SKIP AHEAD:
    How Does COVID-19 Affect Divorce?
    Are Courts Still Open?
    Can You File For Divorce?
    What Changes Are There in the Divorce Process?
    Are Parenting Plans Still Enforceable?
    What If You’re Behind On Support Payments?
    If You Lose Your Job Due To COVID Can You Get A Support Modification?

    Over the past two years, COVID-19 has impacted nearly every facet of our lives. This includes divorce, custody situations, and other family law matters.

    First, we want to reassure everyone that we remain open for any issues you face. We’ve been here and we will continue to be here to help.

    We’ve implemented methods of remote communication when necessary or you prefer. Because our office has long been looked at as a national resource for clients that live out of state, we are also well ahead of the curve in remote communication methods. We also keep a rigorous cleaning regimen to ensure everyone’s safety.

    HOW DOES COVID-19 AFFECT DIVORCE?

    Frequently Asked Questions

    This is a strange time for everyone, but we’re still here to do what we can to guide you through as best we can. We have received many questions from clientele that we want to share in the form of an FAQ below:

    Are Courts Still Open?

    Despite changes and new hurdles to clear, the courts remain in service during COVID-19.Courts have been closed, run at reduced capacity, and dealt with a significant backlog. But they are open.

    This puts more attention on alternative methods of dispute resolution such as mediation and arbitration. These are tools that have already been very effective in resolving cases short of trial and are especially valuable now.

    Can You File For Divorce?

    Yes, you can proceed with a divorce, settling custody disputes, modifications, and other cases. It may look different, but with tools like video conferencing and other remote communication technology, you can still accomplish your goals. In reality, finalizing your may also take longer as well.

    What Changes Are There In Divorce Process?

    One of the biggest roadblocks currently is resolving temporary orders. An overloaded court system is dealing with a glut of cases, which has caused delays in this area. It also affects trials, though there are ways to resolve your divorce without appearing in court.

    Again, this only serves to highlight the benefit of alternative dispute resolution tools like mediation and binding arbitration. These methods are already proven to be less costly and more efficient ways of resolving case issues.

    Are Parenting Plans Enforcable?

    The short answer is that there is no change to the enforceability of your current parenting plan or custody order.

    However, there will definitely be issues and strains to contend with. Thanks to COIVD-19, variants, and spikes in cases, things remain in a state of constant flux. School, travel, and more get caught up in this uncertainty.  We’ve seen unusual issues arise during this time and deal with them best we can.

    Ultimately, now is a time for both parents to try to work together in addressing the best interests of their children. Fortunately, there are many ways to communicate and connect digitally. Just make sure you don’t overstep any bounds in the parenting plan. It’s still important to play by the rules and avoid any unnecessary tension between you and the other parent.

    This gives your kids, and you, something to look forward to. Regular chats also build a routine and help establish a sense of normalcy that often alleviates anxiety. Everyone needs that right now, especially your kids.

    Sticking to the parenting arrangement, even virtually, also benefits any future custody cases. Taking advantage of your scheduled time with the kids demonstrates your desire to remain an involved parent. That reflects well on any claim you make down the road.

    Most of all, it’s important to keep the lines of communication as open as possible.

    What If You’re Behind On Support Payments?

    In the United States, if you’re behind on your child support payments, the Division of Child Support must, by law, certify past due child support debts to the Federal Office of Child Support Enforcement for enforcement.

    Even when behind on payments, if COVID-19 caused the delay in payment, you still have the right to argue for modification. Again, you have to show the impact. Demonstrate how the pandemic led to unforeseen and continuing financial devastation. This may serve as evidence to support your claims.

    If You Lose Your Job Can You Get A Support Modification?

    The easy answer is that your current support order is enforceable. Unlss you file for modification or adjustment, which you would need to initiate.

    The good news is that a significant drop in your finances due to COVID may show the need to modify an existing support agreement. The bad news is that you face an uphill battle.

    If both parties are on good terms, you can try to settle outside of court. If that isn’t an option, the next step is to file a motion to modify the support order with the local court.

    What Type Of Evidence Is Required?

    Timing is important. COVID-19 remains an open-ended battle. Though things keep moving in the right direction, there’s no saying how much longer we will feel its impact.

    Presenting evidence makes a big difference. When looking to modify a child support or spousal maintenance order, you have to show your work.

    Loss of employment or income due to COVID-19 is the starting point. Document everything, right away. This helps build a stronger case to present to the court. A judge will want to see that this was unintentional and out of your control.

    Additionally, take steps to alleviate the loss of income. Seek out other jobs or take advantage of unemployment benefits or emergency relief. Again, track all of your efforts. This demonstrates a good faith effort to find new income.

    Review Your existing support order

    It’s always a good idea to take a close look at your existing support order. Many divorcing couples settle support obligations outside of court and maintain them by a separation agreement rather than a court order.

    These agreements often contain a material change clause.

    A material change clause allows you to review payments in the event of a change in circumstances. It may include a protocol for modification requests for situations like the loss of a job. In general, it’s a good idea to be well acquainted with these documents.

    This article will be updated as more information becomes available.

    Related ReadingChild Custody Modifications

  • Oregon Pet Laws, Pet Custody, And Divorce

    Many of us who own pets know they’re much more than just property. They may be valued members of our family and, in some cases, even surrogate children. The law, however, often views them as possessions and treats them as such in divorce. That is changing, however.

    There is often a discrepancy between how animal lovers view their pets and how the law looks at them.

    In a legal sense, the law considers pets like dogs, cats, horses, and all the rest, property. In this regard, they’re no different than a car, couch, or other possession.

    legal value of petsThough pet owners ascribe them a much greater worth and importance, companion animals have a monetary value. In many divorce cases, the courts assign a dollar amount to animalsand treat them similarly to any other piece of property.

    Ideas around pet custody have changed somewhat, and though it’s a gradual process, courts have recognized the significance of companion animals beyond a simple dollar amount.

    In some cases, settlements account for the emotional loss pet owners experience. A handful of states have passed legislation that can award substantial monetary settlements for the loss of affection and friendship of pets. Continuously evolving, this is an interesting area to watch develop.

    Related Reading: Is Oregon a Community Property State?

    Property Or Family Member?

    A recent case the State Supreme Court ruled on may impact how Oregon pet laws regard our animal companions moving forward. This could bleed over into divorce and pet custody battles.

    The case at hand involves a Portland-area dog owner found guilty of starving and neglecting her animal. A veterinarian collected evidence for the case, drawing blood from the dog. The issue is that the vet acquired this evidence without a warrant.

    Oregon’s high court ruled that dogs are not “mere” property, like a suitcase or other container. As such, they don’t require a warrant to examine internally.

    In broad terms, this decision makes it easier to pursue criminal charges against animal abusers. It also represents a changing tide when it comes to how the law views animals.

    How This May Impact Divorce Settlements

    Custody battles involving children are often hotly contested cases. Increasingly in recent years, so are fights over who gets pets in a divorce.

    While there are numerous legal precedents when it comes to determining where the kids end up, as far as pets go, even though these situations often involve similar emotions, the path is not as clear.

    Traditionally, courts generally treat companion animals as property. On paper, they have the same status as an end table, lamp, or another asset to be divided in a divorce settlement.

    Animals continue to play vital roles in many of our lives, and battles over pet custody are now commonplace. This isn’t going to change anytime soon, and as we continue to attribute significance to their presence, our pets’ legal status changes by degrees. With this latest case, it may be another step in that direction.

    Determining Pet Custody

    Despite the emotional value we give our pets, Oregon pet laws classify them as property. Courts can distribute them as such when it comes to cases of divorce and separation.

    This varies a great deal from judge to judge and court to court. You can never be fully certain how things will go in a particular case. Some judges are sympathetic while others may view arguing over who gets the cat as a waste of time.

    When it comes to determining who gets pet custody in a divorce, a number of things come into play.

    • Who acquired the pet in the first place can be a determining factor.
    • If there is a purchase agreement or adoption certificate in the case of rescue animals, the court may take that into account.
    • If you obtained your dog before your marriage, that will likely factor in.
    • Things get tangled, however, as many couples, married or otherwise, adopt or purchase pets together.

    Who fills the role of the primary caregiver may also factor into pet custody.If one spouse tends to the day-to-day needs of an animal, that can come into play.

    If you feed the cat, walk the dog, take them to the vet, buy their food, make sure they’re properly licensed and micro-chipped, and see to all of those necessities, it may figure into guardianship. As before, things become hazy if both spouses equally participate in this regard.

    It’s even possible that the court, like with custody cases involving actual children, may take the animal’s best interests into account. If it’s clear that one spouse or the other is the better provider or the animal’s health and well-being may be in question, they may award custody on that basis.

    Ways To Protect Pet Custody

    As much importance as we give many of our companion animals, the topic of pet custody may figure prominently in your divorce. With their legal standing falling in such shadowy territory, you may want to take steps to protect your interests.

    Entering into a premarital agreement is one way to make sure you retain custody of your pets. This is easier when it involves pre-existing ownership. But you can create a treaty that specifies where the animals end up.

    Even if you and your spouse acquire an animal together, you can set up a custody plan ahead of time. That way, if your relationship crumbles around you, Oregon pet laws aren’t a concern, and your animals are taken care of. These types of arrangements may not always be 100% legally binding. However, the court may take them into account during the division of property.

    Other Custody Options

    Other options to explore include arbitration or mediation.

    Some judges won’t want to hear this type of argument. So this route may provide the opportunity to more fully present your case to retain pet custody than in traditional divorce proceedings. You may be able to concede certain assets and come to an accord with your spouse.

    As with human children, shared custody with visitation rights is also a possibility.

    You and your soon-to-be-ex may be able to hash out an informal agreement. Again, this may not be legally enforceable, but if both parties are willing to play ball, this is an option.

    Related Reading: 9 Common Mediation Questions Answered

    In a legal sense, the area of pet custody doesn’t always reflect the current social standards. This is changing in a number of ways, illustrated by the mentioned case in Oregon. For the most part, however, Oregon pet laws designate Fido and Mr. Kitty property. Because of this, courts most often treat them that way in a divorce.

    Many attorneys have found creative ways to argue the relative value of companion animals in a legal arena. Though attitudes and laws continue to shift, it’s a gradual process.

    If you form close emotional connections with your pets, you may want to take steps to ensure they remain in your care in the case of divorce.

    Related Reading: 5 Tips for Keeping Custody Exchanges Civil
    Related Reading: Enforcement Proceedings: How to Protect Custody and Visitation Rights