Leahy, Van Vactor, Cox & Melendy, LLP
Experienced Representation
You Can Trust Serving Oregon Since 1949
Local 541-357-9903 Toll Free 866-951-0032

Family Law Blog

Electronic tracking devices playing a role in divorce proceedings

There have been many amazing advances in technology over the past several years. Items that were once used only by professionals are now available to any consumer in Oregon or elsewhere around the country. One example of such technology is a GPS tracker that, once installed in a car, can determine the vehicle's location at all times. While devices like this may be useful tools, they are certainly changing the way information is gathered and presented in divorce cases.

According to industry experts, couples may turn to technology tools to spy on one another. Many of these devices are inexpensive and are simple to install and use. In one instance, a wife separated from her husband discovered a tracking device in her car. However, since the car was still jointly owned, there were no criminal charges since the man had a right to know the whereabouts of the vehicle.

Determining divorce goals may be beneficial for Oregon residents

Going through the steps necessary to end a marriage can take a considerable toll on individuals in various ways. Oregon residents can face emotional turmoil, financial struggles, legal issues and numerous other factors during their divorce cases. Though many people choose to dissolve their marriages every year, each case is different. However, there are some common steps that may help individuals approach their cases.

One thing that some parties may benefit from is taking a social media hiatus. Though posting online and receiving supportive feedback may seem like it would be beneficial during this time, anything posted on social media could potentially have an impact on divorce outcomes. Therefore, individuals may want to take the time to reach out to family or friends in person if they need support.

Divorce trends: Get a prenup without ruining a relationship

When a couple is planning a wedding in Oregon or anywhere around the nation, there is a long list of things to do. Choosing a venue, picking out a dress, selecting a caterer or planning a honeymoon are typical activities that come to mind. Getting a divorce is certainly not a topic of conversation most couples address in the midst of wedding plans. However, experts suggest that developing a prenuptial agreement prior to marriage affords couples an opportunity to logically discuss what might happen if a split occurs.

Certainly, the development of a prenup may create some frustration. However, marriage advisors acknowledge that prenuptial agreements can prove to be very useful documents in the future. They recommend several suggestions on how to create an effective prenup while preserving a relationship.

Shared parenting: A positive child custody arrangement

When a couple gets a divorce in Oregon or anywhere around the country, there are numerous issues they must address during the process. If the couple has children together, the issue of child custody is paramount in their decision making. The best interests of the child are considered the standard by which courts make custody decisions. However, some family experts contend that some courts need to update their interpretation of that standard.

Traditionally, the decision is made to award sole custody to mothers. Yet, studies frequently show that children raised by one parent are more at risk to drop out of school, become pregnant or experience other problems. Statistical evidence increasingly supports a shared custody arrangement for the children. In these situations, children spend roughly equal time with each parent.

Tax reform bill can affect alimony payments in divorce process

The tax reform bill currently in Congress is a hot topic in the state of Oregon and other states across the country. One issue addressed in the bill that is before the House of Representatives is the treatment of alimony. Since the discussion of alimony can be a potentially volatile subject in divorce proceedings, any potential changes in its handling is being closely watched.

As the law stands now, the person paying alimony may take an above-the-line deduction, whereas the person receiving it must count it as gross income. The former spouses may enter an agreement to alter their alimony's tax treatment. Typically, the payor of alimony would be in a higher tax bracket and thus would benefit from the deduction.

Avoid common financial pitfalls in divorce

When a marriage ends in Oregon or anywhere else around the nation, couples often find that their financial situation is negatively affected. Incomes are typically reduced, yet each household has its own set of expenses. Financial experts have identified several areas of concern for women involved in a divorce. However, men as well as women would be advised to avoid these pitfalls.

Advisors suggest that keeping the home in a divorce settlement is not always the best decision. Many expenses come with the house, such as the mortgage payment, repairs and maintenance. This could prove burdensome for one spouse to handle alone. Another area of possible concern is how assets are valued. Two assets may appear to be equal in a property listing, yet not be equal when potential taxes and other miscellaneous expenses are taken into consideration.

Shared parenting gaining support in child custody decisions

There are many issues to address when couples from Oregon or elsewhere around the country go through a divorce. If a couple has children, the topic of child custody is often one of the more complex issues that is discussed. Many psychologists and child experts are now citing that children fare better when parenting is shared with both mother and father, following a divorce.

Statistics show that mothers traditionally have been granted full physical custody roughly 80 percent of the time. Fathers often saw their children every other weekend and perhaps one night during a week. This pattern was supported because authorities believed that children would experience less stress because they would not observe conflict between their parents. However, more recent studies have caused many experts to question traditional custody norms.

Don't neglect financial planning in a divorce

When couples decide to end their marriages in Oregon or elsewhere around the country, there are many questions for them to address. However, the most complicated issues that arise during divorce proceedings often revolve around finances. Experts stress the need for both spouses involved to address several areas during the process.

Advisors emphasize the importance of thoroughly understanding one's financial situation. The first step would be to collect all information regarding assets and liabilities. It would be helpful for both spouses to develop a budget while going through the divorce. While it is critical to consider how immediate expenses will be paid, it is just as important to think about potential future expenditures.

Keep finances straight during a divorce

When a marriage comes to an end in Oregon or elsewhere around the country, there are many issues to address. Some of the most significant decisions made following a divorce likely involve finances. Though getting a divorce can be an ordeal, experts recommend keeping a level head and paying close attention to money matters.

In many instances, a person may be thrust into making financial decisions for the very first time. For this reason, advisors strongly suggest utilizing a variety of experts in the process. Depending on the situation, someone may seek the services of a lawyer, an accountant, a financial advisor or a counselor during the course of the divorce process.

Shared child custody arrangements result in lower stress for kids

Going through a divorce can be a trying experience for Oregon residents or others around the country, particularly if a couple has children. Discussions around child custody, living arrangements and financial support for the children can be intense, given the importance of the issues. Recently, child advocates presented research that shows children in shared custody situations are less stressed than those that live full time with one parent.

A study from an international university's demography unit routine found this lower stress level in shared custody situations, even if there was conflict among the parties. Researchers support living with both parents, if possible. When children rarely see one parent, they lose touch with them, as well as other family members and friends associated with that parent. This can cause a child to worry about those people and stress levels can rise, according to adolescent mental health researchers.