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Shannon L. Hall
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Shannon Hall’s Answers

377 total


  • Divorce and custody, is it possible to settle out side of court?

    my husband wants a divorce, we have a minor child. He has expressed to me that he doesn't want to go to court and that if i get the divorce paper work he will just sign them. We have a minor child which he has no interest in having custody of woul...

    Shannon’s Answer

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    Yes, you can and that is the preferred way to handle things. It is better for you and your child if the parents can agree. The court still has to approve the agreement but that is pretty routine usually and you would not have to set foot in a courtroom with most settled cases. In Marion county you will still need to attend the court mandated parent education course. The process can be fairly quick once you have figured out what the agreement will be. You should contact an attorney to help You through the process. There is a lot of paperwork.

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  • I am in the process of divorcing my wife, she has not responded.

    I was emailed by a lawyer that my wife has spoken to, he has not been retained by my wife, but has given me notice not to request a default judgment without first providing her and the court 10 days official written notice of your intent to do so ...

    Shannon’s Answer

    No you cannot proceed with a default under those circumstances. You have to give an additional 10 days written notice. It sounds like there are some complexities involved here so you really should consult with an attorney before doing anything further.

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  • Is it illegal to get a divorce "on paper" for financial reasons and still stay/live together?

    Say everything was in the wife's name and they defaulted and were getting sued right and left. Now they are still together and are buying cars, remodeling their house etc. etc. Is it illegal and would anyone even be bothered to pursue it?

    Shannon’s Answer

    When you file for divorce in Oregon you have to state that there are "irreconcilable differences that have caused the irremediable breakdown of your marriage." People can certainly change their minds or work things out later, but I would never advise someone to make a false statement in a court pleading if you do not meet the standard for divorce (irreconcilable differences). Whether the District Attorney would bother to pursue it? I doubt it, but you never know. A divorce may not necessarily resolve this, anyway. Just because the debts are in one parties' name does NOT mean the other can't be ordered to be responsible for any of them in a divorce. Perhaps you should talk to a bankruptcy lawyer about your options with regard to the debts being pursued.

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  • Does my ex's lawyer have to talk to me if I am representing myself? She says she don't have to talk to me at all

    I am wondering some things that are going on in my case. My Ex has custody of my 2 boys. ages 11 and 9. My ex has taken me to court right around 7 times in the last 8 years to take more from our children and take more from me. They live in Salem a...

    Shannon’s Answer

    When you say that the attorney won't talk to you - it is not clear whether you mean in person, on the phone, at all, etc. I know that sometimes lawyers prefer to communicate only in writing with parties who are representing themselves. If there is custody or parenting time involved, you are required to participate in mediation in most counties - but otherwise there is no requirement that the parties (or attorneys) participate in settlement negotiations - although it is a good idea to try usually. There seems to be a lot going on in your case and a lot of history. You should invest in a consultation with an attorney who can give you some information based on your case specifics (which you should not post online).

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  • Co-parent is telling our young child emotionally-damaging secrets and telling her to tell no one; what can I do?

    Mother (custodial parent) has told our 7-he old daughter several times over the last two months that they both will be moving somewhere new, away from my stepdaughter's father and half-brother. She's instructed our daughter to keep the secret and ...

    Shannon’s Answer

    If the noncustodial parent thinks the child is going to be moved away he can file a Motion with the court asking to modify the current judgment and to stop the move. He should consult with an attorney sooner than later especially if it is unknown when this is planned to happen.

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  • I am moving out of Oregon with my son, his father and I were never married and don't have any written agreement, what do I need?

    I plan to move to Florida where I have a support system, and staying in Oregon isn't an option. I plan on hiring a lawyer, but I need to know what I don't know so I can better form my argument.

    Shannon’s Answer

    I assume this is not agreed upon by the other parent. Move away cases are very difficult. You have to show that it is best for the child to move. Not just you. You should consult with an attorney right away.

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  • Do I need a prenuptial agreement, if I have a will for separate property before I marry on Oregon?

    I was married for 45 years. I am a widow getting married. I have a will in place, and have my retirement accounts, savings, a home in California, and other arrangements in my will, left to my family.

    Shannon’s Answer

    Yes. Your Will does not trump your spouse's rights to an equitable property division if you end up divorcing (this is the Oregon standard). Your premarital property, although not automatically presumed joint, can be considered by a divorce court and divided. You should protect yourself with a prenuptial agreement.

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  • How to make sure I get full custody of my son?

    Me and my wife are getting a divorce and I would much rather my son live with me and my girlfriend. I have plenty of witnesses of my soon to be ex wife abusing me, and our child. How can I make sure I get full custody of him?

    Shannon’s Answer

    There are statutory factors that are considered in determining custody. Two of those factors are abuse and who has been the primary caregiver. You need an attorney especially if you are in Linn County where they decide temporary custody based on affidavits. You need someone who knows how to write those affidavits to address what the court needs to hear.

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  • HOW DO I START TO GET MY PART OF THE EUQUITY MONEY FROM MY HOUSE AFTER THE DIVORCE?

    I MOVED FROM CALIFORNIA TO OREGON. MY SON IS OLDER NOW AND I WOULD LIKE TO GET MY SHARE OF THE EQUITY OF HE HOUSE THAT I DESIGNED AND LIVED IN FOR 14 YEARS.

    Shannon’s Answer

    It is not clear whether you were awarded a portion of the equity and you just want to enforce the judgment, or if something else happened regarding the house. You need to take your divorce judgment to an attorney (someone licensed in the state where you were divorced) and talk about your options.

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  • Can my son keep his name???

    I had a child with a man who didnt want kids. He even told me to get someone else to adopt him so he wouldnt have to take responsibility. He isnt even on the birth certificate...so i picked his name and did the BC in the hospital..so he has my las...

    Shannon’s Answer

    From what you have stated, you don't have to do anything at this point. The bio-father can request paternity testing, which it sounds like he has done, but that does not mean you have to change your son's name. If the bio-father wanted to have the name changed and you don't, he would have to file a petition with the court asking for the name change. You can object to that, too. Now that he is established as the biological father, you can seek child support from him (if you are on certain types of public assistance, the government will likely pursue it for you). He can also see parenting time and/or custody rights, too. If you are concerned about where to go from here, you should consult with an attorney privately.

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