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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I am living in Portland, Oregon. My wife and I are currently

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I am living in Portland, Oregon. My wife and I are currently separated. It is our intention to divorce. Is there any advantage in my filing for the divorce vs. her filing?
Thanks for your question.Not really as long as you have lawyer to respond here.Certainly a lawyer allows you to have your rights protected here.If there is property, retirement, and other assets, debts your lawyer can be invaluable to negotiate or represent here if it is contested.

Oregon has "no-fault" divorce, which is a divorce on the ground of irreconcilable differences. This means you and your spouse can't get along and there's no reasonable chance to save the marriage.



You may be able to get a summary dissolution of your marriage, which is a simplified process for your case. There are limits on who can use this method. Some conditions include you meet the residency requirements, you've been married less than ten years, and you don't have minor children or older children in school.


Your finances are simple, too; your assets and debts are limited and spousal support isn't an issue.If you and your spouse agree on divorce terms, your divorce is uncontested and it can be finalized in about three months. If you disagree on issues, your divorce is contested, and it will take longer to finalize. The court will likely set up hearings and a trial to resolve your disputes.


Oregon is an equitable distribution state, and fault is not a consideration when dividing the marital estate. Retirement plans shall be considered part of the marital estate, and the court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. The court presumes that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held, and thus should be divided equitably.


I hope you may be able to resolve it all and to move on with your life.A lawyer here can help you cope, divorce can overwhelm sometimes.

Edited by RayAnswers on 12/1/2010 at 3:50 AM EST
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