Category Archives: Property Division

New Case Law – date of valuation of retirement account

On January 19, 2011, the Court of Appeals issued an opinion in Deming and Deming, a case in which the court ruled on an issue of the proper date of valuation of husband’s retirement accounts.  The entire opinion can be … Continue reading

Posted in Dissolution, Divorce, Property Division | 1 Comment

New Case Law – Affect of Violating Statutory Asset Restraining Order

ORS 107.093 provides that when a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent, a restraining order is in effect against the parties.  Violation of the statute is punishable … Continue reading

Posted in Appeal, Dissolution, Divorce, Property Division | 1 Comment

New Case Law – Treatment of Military Benefits, Child Support Calculation and Credit for Past Due Support

The Oregon Court of Appeals filed an opinion in Stokes and Stokes on March 31, 2010.  The entire opinion can be found here:  http://www.publications.ojd.state.or.us/A136795.htm  The case addressed the treatment of the following issues:  1.  Whether military benefits that are non-taxable … Continue reading

Posted in Appeal, Child Support, Dissolution, Divorce, Property Division | 1 Comment

New Case Law – Treatment of Appreciation of Separate Asset During Marriage

The Oregon Court of Appeals published an opinion in Fields and Fields on March 24, 2010.  The entire opinion can be viewed here:  http://www.publications.ojd.state.or.us/A141040.htm The case dealt with the treatment of wife’s separately held company.  Wife was given the company … Continue reading

Posted in Appeal, Dissolution, Divorce, Legal Developments, Property Division | 1 Comment

Runaway Wives and Dowry Harassment

The Indian court system does not properly recognize divorces issued in the United States.  A divorced wife can flee on her own, or even worse with the parties’ children to India.  Once there, she can file dowry harassment charges against … Continue reading

Posted in Dissolution, Divorce, Enforcement, International, Legal Developments, Out of State, Property Division | 1 Comment

New Case Law – Unmarried Domestic Partnership

On December 23, 2009, the Oregon Court of Appeals filed its decision in Baker and Andrews, a dissolution of domestic partnership case. The entire opinion can be found here: http://www.publications.ojd.state.or.us/A135564.htm. Continue reading

Posted in Appeal, Attorney Fees, Dissolution, Domestic Partners, Legal Developments, Property Division | Tagged | 3 Comments

Can I renegotiate my divorce property settlement?

We consult with many people with Oregon divorce and family law cases.  One of the most painful questions to hear is when someone who settled the property part of a divorce asks about renegotiating the property distribution.  The question is … Continue reading

Posted in Divorce, Property Division | Tagged , , | 1 Comment

How to divide personal property in a divorce

The division of personal property in a divorce can be one of the most expensive, emotional, and wasteful parts of a case.  Parties will often spend thousands of dollars arguing over a very inexpensive piece of personal property.  Personal property, … Continue reading

Posted in Dissolution, Divorce, Property Division | 2 Comments

When and How to Use a Forensic Accountant in Your Divorce

A Forensic Accountant can be a great help to you and your attorney to assist in communication and explanation by creating, using and explaining visual displays for financial details. Communication is fundamental to any human interaction. The ability to communicate … Continue reading

Posted in Divorce, Property Division | 3 Comments

News: Survey by Institute For Divorce Financial Analysts shows economy impacting divorce decisions

The Institute for Divorce Financial Analysts published the results of an interesting survey on June 11, 2009. In a collaborative case or a traditional case, a Certified Divorce Financial Analyst™ (CDFA™) can forecast the long-term effects of the proposed divorce … Continue reading

Posted in Collaborative Divorce, Divorce, News, Property Division | Tagged , , | 1 Comment