rjb
New
Reged: 10/14/07
Posts: 4
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I live in Oregon and see from posts here that before I can file for a divorce I need to have lived in this state for a minimum of 6 months? Is this correct?
I have been a stay-at-home mom for over 7 years and have no income of my own. How do I approach getting a divorce? How do I afford an attorney? Do I need an attorney and how do I determine this?
I want custody of my two children and support for both of them based upon my husband's income, we have no joint assets and do not own our own home.
I need a starting point and I need to know what to do about the fact that I have no income. I am in the process of trying to obtain employment and childcare . . . I have a Bachelor's degree and made a decent income prior to having children.
Any help would be greatly, greatly appreciated. Thank you very much.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 1993
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Is your husband agreeable to divorce or will it be contested ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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rjb
New
Reged: 10/14/07
Posts: 4
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He states that he will be agreeable and is at present in the process of finding a place to live (room to rent). However I do not trust him . . . he may be just claiming to be agreeable/cooperative. Also, this is new, he did protest for a long, long time. It has also been difficult getting him to agree to leave . . . it has only been recently (past couple days) that he has agreed to move out (so our boys can stay put) and claims to be searching for a place to live.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 1993
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Yes , you have to be an Oregon resident for 6 months and have lived in the same county for 3 months prior to filing for divorce . If both parties agree to all the terms ( child custody , child support , spousal support & property division ) it's possible you won't need an attorney . If any are , you will need legal representation ( you can ask in your petition for divorce for your spouse to pay your legal fees , which may/may not be granted ) .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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rjb
New
Reged: 10/14/07
Posts: 4
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What would serve as proof that I have lived here for six months? My lease?
Should I obtain the proper paperwork/application, fill it out, and then . . . have it notarized and served and see what the response is from my spouse? At which point I would be able to determine whether I need an attorney?
Thanks again for the help, I really appreciate it.
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rjb
New
Reged: 10/14/07
Posts: 4
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Also - is there any way that I can force him to leave and live elsewhere while in this process? He is very resistant to leaving, but I find the situation intolerable. I would leave myself, however we just relocated here from Phoenix, AZ and do not want to put my young children through another relocation . . . he could easily move out on his own. I have even offered to share time here with him while sharing a small studio apt. or a room for rent, but he refuses this idea.
Thanks.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 1993
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[quote]What would serve as proof that I have lived here for six months? My lease?
>>>>>>>>>> That would work .
Should I obtain the proper paperwork/application, fill it out, and then . . . have it notarized and served and see what the response is from my spouse? At which point I would be able to determine whether I need an attorney?
Thanks again for the help, I really appreciate it.
>>>>>>>> If possible you should hash out all the details with him beforehand . An agreed divorce is less stressfull and way less expensive . It does require a great deal of compromise though .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 1993
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Also - is there any way that I can force him to leave and live elsewhere while in this process?
>>>>>>>>> If you're willing to agree to the terms of divorce , no . If you cannot agree , you can include in the petition for divorce a request for exclusive use of the marital home ( it doesn't mean your request will be granted but it never hurts to ask ).
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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