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...
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...
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.
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
Lake Oswego 97035
Phone 503 684-3975
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).
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...
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.
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.
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...
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...