Paul J DeBast’s Answers

Paul J DeBast

Portland Divorce / Separation Lawyer.

Contributor Level 7
  1. Is it necessary to spell out details of all asset in a divorce paper if the asset is agreed upon and already divided

    Answered 9 months ago.

    1. Paul J DeBast
    2. Ian Jeffrey Slavin
    3. Diane L Gruber
    3 lawyer answers

    The only safe answer is yes, you should list all assets. That is because ORS 107.452 (quoted below)provides that a case can be reopened to divide assets discovered after the divorce is complete. The only way to be sure a spouse cannot claim the asset was not disclosed is to list it in the divorce judgment before it is signed. 107.452 Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of marital annulment, dissolution or separation shall...

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  2. ORS. 112.315: Please explain in plain English this statute.

    Answered 9 months ago.

    1. Paul J DeBast
    2. Christopher Palmer
    3. Lynn M Myrick
    3 lawyer answers

    The statute is quoted below. It was created to prevent the situation where a divorced person makes out a will before the divorce takes place saying "if I die before my spouse does, I leave everything to my spouse. Then later, after the will was signed, the divorce takes place and the testator (will maker) forgets to change the will so that the will still leaves assets to the surviving ex-spouse. The statute prevents that from occurring and assumes that the testator would not want the...

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  3. Real property distributed to me in divorce over a year ago ( 2 residences ) and ex has not signed a deed to transfer interest.

    Answered 7 months ago.

    1. Paul J DeBast
    2. Joanne Reisman
    3. Ronald Allen Johnston
    4. Jay Bodzin
    4 lawyer answers

    Oregon law permits a divorce judgment to transfer the title to land from one spouse to the other without the need for a deed. If your divorce judgment was entered in the county where the property is and the judgment included the legal description of the property and used the words of conveyance such as "The following described property is hereby conveyed and awarded to wife free and clear of any interest of husband" then no deed would be required and title companies will recognize the transfer...

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  4. Would I be responsible for spouses medical debt named in divorce papers?

    Answered 10 months 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

  5. 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 11 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...

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

    Answered about 1 year 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

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

    Answered over 1 year 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

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  8. 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 2 years 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

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

    Answered 11 months 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...

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

    Answered over 2 years 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.

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