Seven Important Questions People Ask About Divorce In Oregon

No matter if you’ve been pondering divorce for some time, or if you’re completely taken by surprise, the divorce process usually creates a million questions for those serving or being served. Some questions are easy to find answers for. Others, less so. Below, you’ll find answers to questions we often are asked by our clients. 

Does it matter who files first for divorce? 

Not really. Now, sometimes there can be feelings of pride wrapped up in “who broke up with who” style scenarios. We understand that. But the most important thing to focus on, in our opinion, is the fact that you’re in a relationship that has broken down beyond reconciliation. 

No matter who files for divorce first, the outcome will be the same: a dissolution of the marriage. More importantly, perhaps, is ensuring that you have legal representation to assist you navigating the divorce process — filing the appropriate paperwork, helping you equitably divide all marital assets, and advocating for appropriate child support or alimony. 

Does it matter that my spouse cheated?

Well, on an emotional level, of course it does. But in terms of how the division of marital assets is decided, almost always it does not. 

Oregon, like most states in the U.S., is a no-fault divorce state. This means that, unlike in prior decades, you do not need to prove your partner committed acts or signs of adultery, abandonment, mental illness, alcoholism, drug or gambling addiction, sexual issues, or conviction of criminal behavior in order to get a divorce. 

These days, the court’s threshold for granting a divorce is much lower. One party simply has to claim irreconcilable differences. Both parties in the relationship do not need to come to a consensus on irreconcilable differences. One is enough in the eyes of the court.  

Is a divorce public record?

Yes. This is the reason why the details of so many celebrity divorces become public knowledge, despite the media not being allowed in the courtroom during domestic relations proceedings. In the state of Oregon, it is very rare that these records can be sealed. Assume you have limited privacy when it comes to divorce. 

However, there are ways to keep many of the details you’d like to keep out of the public eye private, which is something that DBMA can do for our clients going through a divorce in order to advocate for you and protect your children from certain information that might be harmful to them. This typically takes the form of a negotiation with your spouse and a subsequent written agreement. Not all details can be sealed, but a certain level of confidentiality is possible. 

Can I change my child’s name during a divorce proceeding? 

The answer is no. The family court does not have this authority during this proceeding. You may petition for a name change in a separate proceeding, which can often be a long, drawn out process, unless the change is uncontested. 

As with all decisions made by the court regarding children, the best interest of the child is considered the priority.

Can my spouse keep my name after we divorce?

Though it might surprise you, the answer is yes. If they took your name when you were wed, then they have the power to keep or change their name during the divorce. 

Some of the reasons an ex-spouse might choose to keep their former partner’s last name is to share the same last name as their children, or because they’ve established their professional reputations using that name. It has now become central to their identity, regardless of their connection to you. 

Can a divorce affect my credit score? Pension? Retirement?

In general, a divorce will not affect your credit score. Now, if you choose to change your behaviors, miss debt or support payments or participate in activities that might negatively impact your credit, then yes, that will affect your credit score, but that’s due those choices, not specifically divorce. Maintain responsible behaviors during and after your divorce, and your credit should be fine. 

Yes, a divorce can affect your pension. A pension is treated like any other marital asset, and the court strives to divide it equitably between both parties. If the pension is to be divided, this is usually done by the court through what is called a Qualified Domestic Relations Order (also known as QDRO). However, if a party wants to keep their pension, they DBMA facilitates a valuation of the pension with the assistance of an actuary or other qualified financial professional, and after a valuation is done, we can advocate on your behalf to offset your pension against other assets.

A retirement account, like a 401(k), is subject to the same division of marital assets process as a pension, even if the retirement account was created before the marriage. The QDRO process is also used in order to divide these assets if necessary. 

Can divorce be a good thing?

Absolutely. Many might experience feelings of guilt or failure due to their divorce. However, we would encourage people to focus on the idea that divorce is a big, often difficult decision to make, and that you’re doing it in an effort to improve your life, the lives of your children if you have them, and possibly even your ex-spouse.  

Divorce can equate to a new, hopefully better, new chapter in your life. Move forward with confidence. 

Have more questions about divorce in Oregon? Let DBMA answer them for you!We are committed to providing you attentive service and productive resolutions.
Contact us today for your confidential consultation!