What will happen after the divorce?

Question

I have been a homemaker for 9 years so I have no source of income. We have a child together and I am sure that a divorce will happen before long and i just want to know somewhat what to expect. How is alimony calculated and awarded in Oregon? Will I loose everything I have? What about custody? I'm so scared :( If anyone has been through a similar situation I would appreciate some advice. Thanks :)

Answer 1

Your lawyer can help get questions answered. The non working spouse usually gets court ordered support until everything is settled on. Get a good book about divorce to get informed. I know it is scary, but it is a challenge and you will rise above and be fine.

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Answer 2

In Oregon, several things are considered by the court when determining alimony:

The duration of the marriage;

The age of the parties;

The health of the parties, including their physical, mental and emotional condition;

The standard of living established during the marriage;

The relative income and earning capacity of the parties;

A party's training and employment skills;

A party's work experience;

The financial needs and resources of each party;

The tax consequences to each party;

A party's custodial and child support responsibilities; and

Any other factors the court deems just and equitable.

Basically, it's at the discretion of the court but they must consider all of the above when deciding.  There is no set formula stipulating when alimony will be awarded, or in what amount... so there is no guarantee that it will even be awarded.  You will be expected to obtain employment and eventually support yourself without the alimony.  Typically, when it's awarded it is for a short period of time to help the unemployed spouse get on their feet.  It is not intended to sustain a person for the long term.

It's hard to say whether you'll lose everything you have.  Oregon is an equitable distribution state.  This means that property will be divided in an equitable manner by the court unless the two of you can agree as to how it will be divided.  Of course, if you cannot show that you can maintain the mortgage on a home if you have one, it is not likely that you will be permitted to keep it.  It will probably either be awarded to your spouse or you will be ordered to sell it.

Custody should be worked out between you and your spouse.  Even if you can't stand one another, you should both still be willing to come together about being parents.  If you can't agree, the court will decide how custody will be addressed.  I highly recommend a parenting plan that allows for joint physical custody.  This would ensure that the children spend equal time with both parents.  In this type of custody arrangement, it's common for neither parent to pay child support.  If one of you has primary physical custody and has the children most of the time, the other parent will be ordered to pay child support.  Child support is determined solely on the number of children and the income of both parents.

Really, you should consult an attorney for the best advice as it applies in your state.  Many attorneys offer a free initial consult.  Try calling around to see if you can get an appointment.  Have a list of all your questions and concerns ready and they will be able to help you out.

Answer 3

c**p...another divorce...if it was California...you would not be entitled to alimony.  

Answer 4

How do you know that a divorce will happen soon? Have you and your husband talked about getting divorce? Do you want to save your marriage?

Anyway, I would go to this website to answer your questions.

www.helpyourselfdivorce.com

Answer 5

You would be wise to consult a lawyer, or someone who knows what they're talking about. This is a prime example of why I always say women should have a job, something to fall back on. You can't leave your future in your husband's hands. If there is a divorce, he's going to be looking out for himself, not you. Plus alimony only lasts for so long, and if he loses his job or gets sick, guess what, there goes your alimony. So don't depend on that as income for the rest of your life. Get out there and provide for yourself and your child!

Answer 6

Contact a lawyer!!