Uncontested Divorce – Ken A. Kissir, Gresham Divorce Attorney
Getting Started with a Family Law Attorney
Meeting with people at my law office in Gresham, I am often asked to look over papers, or to ask me specific questions about a divorce or custody case where they are representing themselves. I understand that many people distrust lawyers and the courts. Judges can’t give you legal advice, but they hate seeing people miserable for years to come as much as I do. There are alot of technical requirements to get a divorce final, which are in place to try and prevent problems later on, but these requirements are not fool proof and don’t work if the person meeting them doesn’t have experience in dealing with them.
Filing Divorce Paperwork
In a lot of family law type of cases, certain papers have to be drafted, filed and served correctly, and certain procedures have to be followed to obtain relief or whatever the person is trying to get or have done. Many Circuit Courts have staff in their family law offices who can assist people in filling forms out correctly, these people cannot offer legal advise, nor are they expected to. While there are times where self-representation may be the appropriate for your situation, there are also times where doing things yourself is very risky and may in the long run end of costing you more money – and more emotional turmoil and misery, then it would have were you to hire a qualified attorney in the first place.
Family Assets and Timing
For example, in cases where real estate and bankruptcy issues exist, the timing of a divorce is crucial. For instance, if one of the spouses’ files bankruptcy after a divorce is final, certain debts that person was ordered to pay in the divorce Judgment may get discharged as to that spouse, and the creditors may come after the other spouse for collection.
As another example, where pension plans are involved – for instance PERS, FERS, railroad retirement and military pensions – these are often the largest asset in the marriage and thus division of it is crucial. Other major issues, for instance spousal support, require not only an agreement but a carefully drafted plan in the Judgment that may not seem immediately important but can affect whether the support can be modified later on These are things that have to be handled carefully with an experience family law attorney at your side.
Local Processing – Gresham, Oregon
In a divorce case where you and your spouse have agreed on all of the necessary terms, I can get the paperwork done and a Judgment submitted to the Judge within a few days. Depending on the county, it can take from a few days to a few weeks for the Judge to sign and the Judgment entered. Many counties require parents in cases involving children to complete a parent education class before the case is final. In some counties, like Multnomah, it’s just a one time session for a few hours.
If you live in Gresham, you don’t have to travel far to see me – our law offices are at 1300 NE Linden Ave., near downtown Gresham.
The Reality of When a Divorce is Really Final
Many things happen after a divorce is “final” including changes in beneficiary designations, health insurance, life insurance, rights of parents regarding medical decisions and school, military benefits including a former spouse’s right to health insurance, parenting time rights, tax dependency exemption rights, and money awards, to name a few, that must be provided for correctly in the Judgment for you to be able to enforce your rights and protect yourself and your kids. When retirement accounts are divided by way of a qualified domestic relations order (to comply with IRS regulations) the wording in the Judgment can make a huge financial difference in how the division works.
If want your paperwork drafted correctly by an experienced attorney
call us to get started. The cost to try and repair the divorce Judgment will far exceed
what you would have paid to have it done right the first time.