Adam J Brittleā€™s Answers

Adam J Brittle

Portland Divorce / Separation Lawyer.

Contributor Level 4
  1. What is the likelihood that I will be forced to pay my spouse's legal fees in family law when they make 3 times my income?

    Answered about 2 years ago.

    1. Jay Bodzin
    2. Adam J Brittle
    3. Emily M. Oberdorfer
    3 lawyer answers

    The short answer is "yes, they *could* be awarded." However, an award against you based strictly on the facts posed appears unlikely. As stated by other attorneys on this forum, awards of attorney fees are generally the exception rather than the rule. Judges tend to use them to address behavior that is unusually unreasonable, costs the court or parties additional money, or that is frivolous/bad faith. The other circumstance judges tend to award attorney fees is where it would be equitable...

    4 lawyers agreed with this answer

  2. Is it ever too late to retreive my household items and personals that were granted in the final divorce decree?

    Answered about 2 years ago.

    1. Adam J Brittle
    2. Jay Bodzin
    3. J Christopher Minor
    3 lawyer answers

    In addition to suggestions from other counsel on this board, another option that is available is to contact an attorney for purposes of obtaining what is called a Writ of Assistance. If you have a judgement that awards you items, you are entitled to them. However, unless the person is going to give your belongings up voluntarily, the court can order a police officer to assist in retrieving the items. Be prepared to explain, as other counsel have indicated, why you have waited so long to...

    Selected as best answer

  3. I was order to return guns in my divorce settlement. I never had the guns and don't now, what should I do.

    Answered almost 2 years ago.

    1. Adam J Brittle
    2. Jay Bodzin
    2 lawyer answers

    As has already been stated here, you cannot return what you do not possess. You should submit a sworn statement (affidavit) to this effect into court (i.e. I do not possess these firearms and do not know where they are). An attorney should help you with this if you do not know how. Perhaps of equal concern is the idea that firearms registered to you are no longer in your possession or control. If these weapons are subsequently used in a crime or other incident, you may find yourself under...

    1 lawyer agreed with this answer

  4. Does the ex husbands responsibilty of 50% of uninsured medical expenses, as stated in the original divorce decree, change to 0 ?

    Answered about 2 years ago.

    1. Shannon L. Hall
    2. Jay Bodzin
    3. Adam J Brittle
    3 lawyer answers

    I agree with the other answers on this board. It absolutely depends on the specific wording of your modification. Generally a "modification" only modifies those portions of the underlying judgment which it specifically addresses. For instance, a modification may address the amount of child support without mentioning anything else in the previous judgment. This does not mean that all the other portions of the previous judgment are non-operative. In your case, because he left everything...

  5. The parenting plan document the judge signed doesn't match what was agreed on in court.

    Answered about 2 years ago.

    1. Shannon L. Hall
    2. Adam J Brittle
    2 lawyer answers

    The answer to this question is largely based upon the facts of your case, which are not entirely clear from your question. If the judge made an oral ruling at trial, the judgment arising from the hearing should have reflected the terms of the judge's ruling. By the same token, sometimes people will make a "settlement on the record" whereby they agree to terms in open court. The court proceeding is generally recorded, and the judge will ask the parties if they agree to the terms of the...

  6. Got remarried and found out my previous divorce never got finale from the first marriage?

    Answered about 2 years ago.

    1. Scott Allen Scholl
    2. Adam J Brittle
    2 lawyer answers

    Though I do not practice in AR, I suspect that the failure of your first divorce to be finalized means that your second divorce was never valid in the first place. It sounds as though that issue has been resolved. Given the present circumstances, it seems highly unlikely that a prosecutor would choose to pursue charges now. You should approach an AR lawyer regarding the bigamy laws in your state, but many states have "mental states" associated with the crime of bigamy. That is, you have...

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