Is Oregon a community property state? - Arnold Law in Eugene, Oregon – Powerful Advocacy. Proven Results.

Is Oregon a community property state?

Divorce Property Division Lawyers

One important factor for Oregon divorce attorneys is determining what is marital versus non-marital property for the equitable division of property. Typically all property acquired during the course of the marriage is marital property that is presumed to be equally divided. This also includes the increase in value of any property acquired before the marriage, such as real estate, bank accounts, retirement accounts, and small and large businesses.

oregon-community-property-state

However, this presumption is rebuttable, meaning that the other party can seek to prove that it should not be included as part of the marital estate. For instance, one spouse could attempt to show that the parties had an agreement to keep a business separate. Or, perhaps, they had a prenuptial agreement specifying that.

In any event, it is key to have a divorce lawyer familiar with the rebuttable presumptions and skilled in the courtroom. Divorce trials require a trial attorney, not someone who dabbles in family law. Call 541-338-9111 for more information or live chat to the left (or fill out the form to the left).

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  • Representative Cases

    FAMILY LAW

    Custody - Alienation by Mother

    Mother filed false stalking order against father. We won custody for father by showing that mother was making false accusations to gain advantage in the custody case.

    Hidden Asset Divorce - Tracking down values of foreign corporations

    Jacy Arnold represented wife. Discovery from husband appeared to be missing many documents and assets. Motions to compel were granted and Jacy was able to track down foreign corporations hidden by husband, stretching from the Netherlands to southeast Asia. Result: Substantial financial settlement was obtained for client.

    Father’s Rights—Parental Alienation with a Bumpy Past

    Obtained custody for Father after Mother filed a frivolous restraining order against Father and absconded with the children from Oregon to prevent Father from having contact with the children. Of special importance in this case was Mother and Father’s history of domestic violence and drug abuse. Father had completed his probation and treatment, and had achieved many months of sobriety. We were able to show the court through multiple hearings that he had been rehabilitated, had prepared to be the primary parent and was acting in the children’s best interests by seeking custody. We were able to get the restraining order dismissed, safely retrieve the children and return them to Oregon, and obtained orders to both safeguard Father’s relationship with the children and protect the family from future drug use and domestic violence.

    Father’s Rights—Abusive Wife Flees with baby

    Obtained custody for Husband and a safety focused parenting plan restricting Wife’s access after Wife disappeared from the marital home with the parties’ one-year old child. Wife had a history of drug and alcohol use, and had previously physically abused both Husband and the child. Ms. Gardner helped Father obtain emergency custody of the child under the Immediate Danger statute, located the child, and coordinated with law enforcement agencies and the Department of Human Services to safely bring the child home.

    Father flees with children to Oregon—conflicting jurisdiction

    In a contentious California divorce, Husband took the children for a short visit and then fled in secret with the children to Oregon, where he filed for divorce and custody of the children despite a pending divorce case in California and previous orders from the California court granting mother physical possession of the children while the case was pending due to past abuse by Husband against Wife. We helped the frantic Wife safely retrieve the children, and convinced the Oregon court after multiple days in trial to stay the custody proceeding in Oregon pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), allowing the California case to proceed. Wife returned to California safely with the children.

    Special Needs Parenting Time

    The years of physical and verbal abuse against Mother by Father adversely impacted the parties’ high functioning special needs child, who as a teenager began to exhibit alarming violent and sexualized behaviors at school as well as regression in communication and hygiene when Father sought to enforce his parenting time after an absence of several years. At trial, Father disputed the child’s diagnosis and blamed Mother for the child’s sexualized behavior. With the support and information provided by the child’s school teachers, therapists, community support group and friends called by Arnold Law to testify at trial, the Court crafted a child-centric parenting plan for the benefit of this troubled teen and ended Father’s cyclical aggressive contact with the child.