Paul J DeBast’s Answers

Paul J DeBast

Portland Divorce / Separation Lawyer.

Contributor Level 7
  1. Would I be responsible for spouses medical debt named in divorce papers?

    Answered 29 days ago.

    1. Paul J DeBast
    2. Sarah M Hays
    3. George L Derr
    3 lawyer answers

    Like many states, Oregon has a "family expense" law which makes husbands and wives who are living together in the same household jointly liable for family expenses which include essential medical expenses of the husband, wife and the children. The law says the obligation to pay jointly ceases as of the date the parties separate and begin living in separate households. Here is the text of the law: 108.040 Liability of parents for expenses of family and education of children. (1)(a) The...

    4 lawyers agreed with this answer

  2. I want to divorce a man that abandoned me 8 years ago out of country. I have no clue where he is at-- what can i do?

    Answered about 2 months ago.

    1. Paul J DeBast
    2. Joanne Reisman
    3. David Alexander Browde
    3 lawyer answers

    Oregon law allows you to file for divorce and then apply to the court for permission to serve your spouse via publication in a newspaper of general circulation in the county where the divorce has been filed. Typically, before this is allowed, judges expect varying levels of effort to find the person and this sometimes includes hiring an investigator. Every judge has his and her own standards for what is expected in terms of efforts to find and serve prior to publication. This type of legal...

    4 lawyers agreed with this answer

  3. How can I exclude my soon to be ex from making medical decisions for me during our divorce?

    Answered 5 months ago.

    1. Paul J DeBast
    2. Christopher Palmer
    3. David Alexander Browde
    3 lawyer answers

    Like many states, Oregon has adopted a law which permits you to sign a document called an "Advance Directive" The document allows you to designate a third party to make critical health care decisions for you when you are not conscious or able to do so. Forms are available at hospitals and doctor's offices. Most attorneys have the forms available as well.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Are there attorneys that specialize in the preparation of QDROS? And if so, how do I reach them?

    Answered 11 months ago.

    1. Paul J DeBast
    2. Ian Jeffrey Slavin
    3. Lake James H Perriguey
    4. Dion Eugene Roddy
    4 lawyer answers

    Yes, there are several lawyers in the Portland metropolitan area who specialize in this work. I have listed some of them below: Dan Ricks, Portland @ Kennedy King (503) 228-6191 Robert Rosenthal, Portland Ph: (503) 6754377 Diane Kerns, Portland Ph: (503) 274-7979 Ann Mercer, Portland (503) 281-1941 Clark Williams,in Salem (503)585-4422 Paula Hammond - she says she has fast turnaround 14523 Westlake Lake Oswego 97035 Phone 503 684-3975

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My ex filed for divorce in CA 6/2011 and the case was never finalized. Since then she has moved to OR and resided here for 6 mon

    Answered over 1 year ago.

    1. Paul J DeBast
    2. Lake James H Perriguey
    2 lawyer answers

    Lake is correct - these jurisdiction issues can be complicated and consulting a lawyer is the best course. Oregon definitely has jurisdiction over both of you by virture of the fact that you both have lived in Oregon for more than six months (see ORS 107.075).

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can my life insurance beneficiary be dictated to me by my soon to be ex-wife in our divorce settlement?

    Answered about 1 month ago.

    1. Paul J DeBast
    2. Diane L Gruber
    3. Jordan Michael New
    3 lawyer answers

    In 1981 the Oregon Legislature adopted a policy about life insurance in relation to divorce cases. The policy reads as follows: 107.810 Policy. It is the policy of the State of Oregon to encourage persons obligated to support other persons as the result of a dissolution or annulment of marriage or as the result of a legal separation to obtain or to cooperate in the obtaining of life insurance adequate to provide for the continued support of those persons in the event of the obligor’s...

    Selected as best answer

  7. Is the ruling for attorney fees to be decided by a different judge other than the one who heard the divorce proceedings?

    Answered over 1 year ago.

    1. Paul J DeBast
    2. Morgan Wren Long
    3. David Alexander Browde
    3 lawyer answers

    Requests for attorney fees in divorce cases are normally resolved by the judge who heard the case. ORCP 68 provides that a party making a request for attorney fees must make the application within 14 days after the judgment is signed and entered in the court record. The application is made in the form of a petition which must follow certain procedural rules. The opposing party has 14 days to respond with an objection. Normally the judge who heard the case rules on the request.

    Selected as best answer

  8. My ex husband and i co-signed on 3 student loans several years ago and have since been divorced (in 2008). In our divorce

    Answered over 1 year ago.

    1. Paul J DeBast
    2. Jay Bodzin
    3. Daniel Seth Williams
    3 lawyer answers

    Attorney Williams is correct. If you both signed the loan agreement then both of you are legally liable. A well drawn divorce decree will include language which says that if you wind up being forced to pay a debt your ex-spouse was supposed to pay then you can recover the amounts in the form of a money judgment plus interest and legal fees. Other options may include include bankruptcy as Mr. Williams mentioned.

    3 lawyers agreed with this answer

  9. Deadline to ask Oregon court's for a motino vacate a default judgment.

    Answered over 1 year ago.

    1. Blake Nathaniel Dore
    2. Paul J DeBast
    3. Alan James Brinkmeier
    3 lawyer answers

    Rule 71 (B) of the Oregon Rules of Civil Procedure generally provides that a party seeking to set aaside a default judgment must do so within one year. The rule reads as follows: B(1) “On motion and upon such terms as are just, the court may relieve a party or such party’s legal representative from a judgment for the following reasons: (a) mistake, inadvertence, surprise, or excusable neglect; (b) newly discovered evidence which by due diligence could not have been discovered in time...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Post Divorce settlement conflict needs to be settled but I don't know how to go about it.

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Paul J DeBast
    3. Lake James H Perriguey
    3 lawyer answers

    You say that your husband's $150,000 commitment was part of "an out of court settlement". Oregon recognizes the validity of contracts entered into between marriage partners. In order to legally enforce his contractual commitment, you must either sue him for breach of contract OR you must file a petition for divorce or legal separation and ask the court to ratify and approve your settlement and make it a part of the court's judgment of divorce or judgment of legal separation. At that point...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful