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FAQ Section
What is Divorce on Demand?
Divorce on Demand is a service available to individuals seeking an uncontested divorce. Instead of paying a large retainer to have an attorney handle your entire divorce, Divorce on Demand allows you to tailor the services you purchase to fit your needs. You have the ability to only choose and pay for the precise services you actually need, making Divorce on Demand an efficient and cost-effective way to have legal help through your divorce. You may choose to have an attorney review divorce documents you have already completed and not yet filed with the court or draft the necessary documents for you. You may also purchase consultations with an attorney in one-half hour increments - as many or as few as you need.
How can Divorce on Demand help my situation?
The steps in a divorce are numerous and confusing. Failing to complete or incorrectly completing one document in the myriad of documents can result in the dismissal or the finalizing of your case without your best interests considered. Divorce on Demand gives you access to legal assistance, at a rate you can afford.
Why would I want to use Divorce on Demand and not another site?
Divorce on Demand, unlike most other legal websites, not only helps you get the paperwork done correctly, we also have lawyers available to answer your questions and guide you through the process. This helps you save precious time and money in the long run!
What is the Divorce on Demand process?
With Divorce on Demand, you will apply to be a client using our online form. If eligible, you will be contacted via email that your application has been accepted, and you will be able to create a username and password. Once logged on you can choose and purchase the services that are right for you. Divorce on Demand will then guide you through the forms you will need to complete for your divorce. If you also purchased a consultation with a Divorce on Demand attorney, you will be contacted electronically to schedule your meeting.
What makes you eligible / ineligible?
Divorce on Demand is designed to best assist with uncontested divorces and currently only operates in the state of Oregon. If Oregon does not have jurisdiction to handle your divorce, you will not be able to use Divorce on Demand services. Divorces best suited for Divorce on Demand are those where both parties agree to get divorced and agree on the terms of the divorce (such as custody of children and dividing up property.) Divorces that cannot agree on the division of high value assets, involve domestic violence, division of family business assets, or bankruptcy or either party may not be best suited for Divorce on Demand.
Can I consult with a lawyer about my divorce?
Yes, we provide consultations on an hour or half-hour basis. You can meet with a lawyer familiar with the law in your area who can help you work through any issues you may have with your divorce. Consultation time can be purchased at any time after you are found eligible to use Divorce on Demand services.
Can I use Divorce on Demand if I have children?
Yes. There are additional forms to complete when a divorce involves children, and Divorce on Demand offers all the forms and services necessary regardless of whether children are involved.
How long will a divorce through Divorce on Demand take?
Once you apply to be a client of Divorce on Demand and pay for the services you chose, you will be given access to the necessary documents. If you choose to complete them yourself, the time is up to you. If you request a Divorce on Demand attorney to draft them for you, the documents will be completed within two working days of the completion of your profile. If you purchased consultation time with a Divorce on Demand attorney, a meeting can be scheduled within a week of your completion of your profile. Each divorce is unique, but uncontested divorces take less time to complete. If both parties are in agreement to the terms of the divorce and are will to sign all the necessary documents, your divorce could be completed in about a week.
Will Divorce on Demand support me if I have to go to court?
No. Divorce on Demand’s legal service is limited to document assistance and general consultation services only. Divorce on Demand attorneys will not represent you in court, assist in service of the other party other than advise on how to proceed, or conduct any research or discovery for your case.
What are the benefits of using Divorce on Demand?
Other companies offering online divorce services only get paid to choose paperwork for you. Divorce on Demand will not only determine which forms you need, but we will complete them for you with the aid of actual attorneys to ensure your documents are done right the first time. In addition our attorneys are available for one-on-one consultations whenever you need them.
Is Divorce on Demand right for me?
Divorce on Demand best serves those with less assets and whose spouse is in agreement to the terms of the divorce. To see if Divorce on Demand is right for you please complete our eligibility form.
What areas does Divorce on Demand serve?
Divorce on Demand is currently available in Oregon (all counties).
What is the payment process for Divorce on Demand?
Divorce on Demand accepts payment electronically with all major credit cards. Just like making any purchase online, you simply choose the services you wish to purchase, click the “Move On” button, and fill in your payment information. You will be sent an email confirming your purchase. After your payment has been accepted you can begin filling out your Divorce on Demand profile. Click here to see the pricing calculator.
Will I have to fill out my own paperwork?
No. You will need to provide your information, through your personal profile page, and Divorce on Demand will fill out and review the paperwork for you.
Will my information be secure?
Yes. We have taken measures to ensure that the information you provide is stored on secure servers. Only the individuals with Divorce on Demand, who are helping you, have access to your personal information. Like you, we also hate spam, and we do not share your personal or contact information with others.
How long does it take to get a divorce?
This depends on the specifics of the case, most importantly if it is a "contested" or "uncontested" divorce. If your spouse disputes your proposed resolution of the issues (support, asset division, etc.), it is considered contested. If your proposal is acceptable to your spouse, the divorce is considered uncontested. An uncontested divorce can be finalized immediately if the parties agree and the necessary paperwork is completed. In Oregon, a contested divorce typically lasts six to twelve months from the initial filing to the conclusion.
What gets decided in a divorce?
Once the divorce is granted, a Judgment of Dissolution of Marriage is signed by a judge. This Judgment will usually include: the date the marriage ends; awards of spousal support; custody of the children; parenting time schedule; which party is responsible for child support, and the amount; which party shall provide health insurance for the children; and how the assets and liabilities are divided.
What can I do to prepare information before filing for divorce?
Many people are diligent in assembling asset and income information such as tax returns, titles to real estate, retirement plans and accounts, non-retirement investments, savings information, pay stubs and stock options. However, it is just as important to gather a thorough accounting of financial obligations. For this reason it is a good idea to obtain a credit report early in the process in order to thoroughly address all aspects of settlement. In addition, when custody and parenting time are at issue, it is helpful to gather and keep information relevant to the care of the child, such as parenting journals or e-mails between the parents.
What is meant by the term no fault divorce?
No fault divorce means that the mere claim that the marriage has irreparably broken down is sufficient to obtain a divorce. A judge generally will not permit or require evidence of specific acts of misconduct or fault in granting a dissolution of marriage; however, such evidence might be considered if child custody is an issue.
What is a legal separation?
A legal separation, either temporary or for an unlimited time, may be granted when the differences between the parties have caused a temporary breakdown of the marriage. Virtually all issues that could arise in a divorce proceeding could also arise in a separation proceeding. In addition, the costs, fees and procedures are usually the same as in a dissolution case. Unlike a divorce, a legal separation does not terminate the marriage and additional divorce proceedings are required if the couple decides to end the marriage.
What kind of property is divided in a divorce?
Property can include any land or homes, vehicles and boats, bank accounts, investments, retirement accounts, life insurance policies, lawsuit settlements, trusts, and collections. Certain debts are also divided in a divorce. Unless the spouses agree on what is to be divided, the judge will divide all of the property and debt that is included in the marital estate.
What about division of property?
In Oregon, there is a presumption that each spouse contributed equally to the assets of the marriage. This means that, absent evidence to the contrary, each spouse will receive an equal share of the assets. A homemaker’s contribution (domestic duties, child care, etc.) will be considered as making both parties equally responsible for the acquisition of assets. A party may present evidence challenging the presumption of equal contribution by, for example, proving that specific assets were received by only one spouse as a gift or inheritance or without any contribution from the other spouse. The Court will always attempt to divide the assets to produce a "just and proper" result under the circumstances of the case, considering factors such as: 1. Length of marriage. 2. Amount of property brought into the marriage by each party. 3. Amount of property available for division. 4. Financial needs, prospects, age, and health of both parties and their children. 5. Education, work experience, and income of the parties. 6. The extent of the parties mixing of assets.
Will a prenuptial agreement control the terms of settlement?
Prenuptial agreements are usually enforced by Oregon courts, but are subject to a high level of scrutiny. For example, a Court may invalidate a prenuptial agreement if it was signed under duress or coercion, if one of the parties was not given a reasonable time to examine the agreement and seek the advice of an attorney prior to signing, or if one of the parties did not fully disclose all of his/her assets.
Will I have to go through a trial to get a divorce?
Each case is unique, but the majority of divorce cases are resolved out of court. There will be a trial if you and your spouse are unable to reach agreement on all the issues. If the parties reach a partial agreement, a trial will resolve the issues that are still in dispute.
What is an Estate? Do I have one?
Yes, you have an Estate. Your Estate is basically the property you own.
When should you change your estate plan?
After a divorce or marriage. After the birth of children or grandchildren. After a change in financial circumstances. After a change in the code, such as the 1997 Taxpayer Relief Act which changed over 800 sections of code. After a move into a different state.
Can a wife have her former name restored?
Upon request, a judge will grant one spouse s request for a name change. However, a spouse cannot force the other spouse to stop using his or her last name just because the parties have been or will be divorced.
After the divorce, who is responsible for debts both spouses took on during the marriage? What about debts signed for in only on
The divorce judgment will indicate who is responsible for each debt. Joint debts may be divided equitably as part of the property division, or may be assigned to one spouse or the other. Debts incurred by one spouse alone are treated as their separate responsibility, except where the debts were incurred for "family expenses." These include things such as medical bills, household goods, educational expenses, etc. The rationale behind this rule is that the entire family benefitted (not only the debtor spouse) and should share in the responsibility for the debt. Debts incurred after physical separation (i.e. after a party moves out) are the responsibility of the person who incurred them, unless the debts are related to the parties’ children. In these situations, a court may extend liability to both spouses. But if the court does not have authority over the person to whom the money is owed, i.e. credit card company, the fact the divorce court orders your spouse to pay a debt which also is your name does not protect you in case of bankruptcy or if your spouse refuses to pay or charges more debt. The best course is to close all unsecured joint accounts.
What is spousal support?
Spousal support, also known as alimony, is money paid by one spouse to the other. In Oregon, spousal support is classified in three categories: Transitional support: The judge looks at what support is needed to assist the spouse in re-entering the work force. Funds can be used for education or training. Compensatory support: The judge determines an amount of support that compensates one spouse for supporting or contributing to the others education, career, or earning ability. Spousal maintenance: The judge considers what support is appropriate to keep a standard of living similar to what was enjoyed in the marriage. A judge may award spousal support based on one or more of these classifications.
Will either party be required to pay spousal support?
Spousal support must be requested in the initial pleadings before a judge will consider awarding it. A judge will consider a variety of factors to determine whether spousal support is appropriate. These factors correspond to the type of spousal support that is ultimately awarded. Some basic factors include the length of the marriage, the parties earning capacity and financial needs, tax consequences of an award, and the parties’ work or educational experience.
Does spousal support automatically end if the receiving spouse remarries?
No, although remarriage is something that a judge can consider if there is a request to modify or terminate the spousal support award.
How will spousal support affect my taxes?
The party receiving spousal support treats these payments as regular income for tax purposes. The party making the support payments can deduct these payments from their income taxes since no taxes are assessed against the person paying support on the funds paid as spousal support.
Do support payments end with retirement?
When a person paying support retires, the obligation of support does not automatically end. However, depending on the financial circumstances of the parties, a court may decide to terminate or reduce support based upon the good-faith retirement of the paying party. Major factors in deciding whether support should be modified are whether the retiring persons ability to pay support has changed and whether the needs of the receiving party have changed. If by retiring, the paying party’s income significantly decreases; a reduction or termination of support may be appropriate. If the party receiving support is eligible to receive benefits, the court will examine whether those benefits replace the need for support. In order to be eligible for a support modification, the retiring party must retire in good faith. This means that the person retiring cannot do so for the purpose of avoiding his or her support obligation. A court may examine the circumstances of the retirement, including: age, whether the retirement was voluntary or involuntary, work histories, and the financial resources at the time of retirement. A court would probably find that the retirement of a 63-year-old vice-president of marketing was in good faith, but would more carefully scrutinize the retirement of a 44-year-old computer programmer. A retirement must make sense under the circumstances. The most important consideration is how the retirement affects the parties financially. If retirement does not create a significant change in the ability of the retiring party to pay, or if there is no change in need for the receiving party, the paying party may have to pay support out of his or her retirement benefits. If you or a previous spouse are in this situation or will be in the near future, you should discuss the impact of retirement with your attorney.
Do support payments end with retirement?
When a person paying support retires, the obligation of support does not automatically end. However, depending on the financial circumstances of the parties, a court may decide to terminate or reduce support based upon the good-faith retirement of the paying party. Major factors in deciding whether support should be modified are whether the retiring persons ability to pay support has changed and whether the needs of the receiving party have changed. If by retiring, the paying party’s income significantly decreases; a reduction or termination of support may be appropriate. If the party receiving support is eligible to receive benefits, the court will examine whether those benefits replace the need for support. In order to be eligible for a support modification, the retiring party must retire in good faith. This means that the person retiring cannot do so for the purpose of avoiding his or her support obligation. A court may examine the circumstances of the retirement, including: age, whether the retirement was voluntary or involuntary, work histories, and the financial resources at the time of retirement. A court would probably find that the retirement of a 63-year-old vice-president of marketing was in good faith, but would more carefully scrutinize the retirement of a 44-year-old computer programmer. A retirement must make sense under the circumstances. The most important consideration is how the retirement affects the parties financially. If retirement does not create a significant change in the ability of the retiring party to pay, or if there is no change in need for the receiving party, the paying party may have to pay support out of his or her retirement benefits. If you or a previous spouse are in this situation or will be in the near future, you should discuss the impact of retirement with your attorney.
If I didn't get spousal support in my divorce judgment, can I go back to the court and get it later?
No. Spousal support must be ordered in your original divorce decree or the court is powerless to award any spousal support.
If my spouse and I are separated, can I get child support?
Yes. Child support may be requested and awarded as part of a Judgment of Legal Separation.
Who will be required to pay child support?
Both parents have a legal duty to support the children. The Court can require one or both parents to contribute to the support of the children. Using the guidelines established by the State of Oregon, the formula will consider the available resources and primarily incomes of both parents.
How is the amount of child support decided?
The State of Oregon uses a formula (often referred to as "child support guidelines") to determine the amount of child support awarded in each case. The guidelines take into account many factors, such as the income of each parent, other children the parents have to support, and work-related day care costs for the children.
How long does the child support have to be paid?
In Oregon, a parent usually must pay child support until the child is 18 years old. If the child is going to school or job training at least half time and maintains at least a C average, the child support can continue to age 21. If the child is physically or mentally handicapped, child support may be extended indefinitely. Child support can end prior to age 18 if the child gets married, joins the military, or becomes legally emancipated.
What happens if child support is not paid?
In Oregon, any occupational or professional license, as well as seasonal hunting and fishing permits, may be suspended if you are at least three months behind, and owe at least $2,500 in back support. This means that your commercial driver’s license, your general driver’s license, a license to practice law or medicine, or even a liquor license could be at stake for suspension. The local district attorney’s office can help with child support enforcement. Not only can they help collect child support, they can also move for an administrative modification of support. While the district attorney’s office can be helpful, it is important to remember they do not represent you or your spouse. You may still wish to consult with an attorney to receive advice on your particular situation.
How are taxes affected by child support obligations?
Child support payments are not treated as income to the party receiving them, nor are they treated as an income deduction to the party making them.
Can I stop paying child support if the other parent won’t let me visit my child?
No. You can go to Court and ask to end the child support order until you receive your parenting time, but you cannot end payments without the Courts permission. The Court does not like to stop child support payments and it will allow support to be stopped only if there is proof that you have had very serious problems obtaining your parenting time.
What happens if child support is not paid?
In Oregon, any occupational or professional license, as well as seasonal hunting and fishing permits, may be suspended if you are at least three months behind, and owe at least $2,500 in back support. This means that your commercial driver’s license, your general driver’s license, a license to practice law or medicine, or even a liquor license could be at stake for suspension. The local district attorney’s office can help with child support enforcement. Not only can they help collect child support, they can also move for an administrative modification of support. While the district attorney’s office can be helpful, it is important to remember they do not represent you or your spouse. You may still wish to consult with an attorney to receive advice on your particular situation.
Do I stop paying child support once my child turns 18?
Children are eligible for child support until they reach the age of 21, but special criteria apply for the continuance of child support between the ages of 18 and 21. For child support to be continued during that time period, the child must qualify as a "child attending school." According to Oregon law, a "child attending school" is one between ages 18 and 21 who regularly attends school, community college, college or university, or regularly attends a course of professional or technical training designed to fit the child for gainful employment. The child must be enrolled in at least one-half the normal course load to be considered a child attending school, and must maintain a “C” average or better. Additionally, once a child qualifies as a “child attending school,” child support must be paid directly to the child unless the court orders the money to be distributed otherwise. The child may use the child support at his or her discretion. This means that the child is not required to use the money to pay for tuition, books and supplies, but rather can use the money however he or she best judges that it should be spent. Both parents should remain actively involved in their child’s education to ensure that child support is being used optimally for the child’s advancement. Parents should advise their child that he or she only qualifies as a “child attending school” if the above criteria are met. Continued receipt of child support will provide added incentive for children to excel academically, and an opportunity to learn to manage finances wisely.
How are taxes affected by child support obligations?
Child support payments are not treated as income to the party receiving them, nor are they treated as an income deduction to the party making them.
Can I stop paying child support if the other parent won’t let me visit my child?
No. You can go to Court and ask to end the child support order until you receive your parenting time, but you cannot end payments without the Courts permission. The Court does not like to stop child support payments and it will allow support to be stopped only if there is proof that you have had very serious problems obtaining your parenting time.
Do I stop paying child support once my child turns 18?
Children are eligible for child support until they reach the age of 21, but special criteria apply for the continuance of child support between the ages of 18 and 21. For child support to be continued during that time period, the child must qualify as a "child attending school." According to Oregon law, a "child attending school" is one between ages 18 and 21 who regularly attends school, community college, college or university, or regularly attends a course of professional or technical training designed to fit the child for gainful employment. The child must be enrolled in at least one-half the normal course load to be considered a child attending school, and must maintain a “C” average or better. Additionally, once a child qualifies as a “child attending school,” child support must be paid directly to the child unless the court orders the money to be distributed otherwise. The child may use the child support at his or her discretion. This means that the child is not required to use the money to pay for tuition, books and supplies, but rather can use the money however he or she best judges that it should be spent. Both parents should remain actively involved in their child’s education to ensure that child support is being used optimally for the child’s advancement. Parents should advise their child that he or she only qualifies as a “child attending school” if the above criteria are met. Continued receipt of child support will provide added incentive for children to excel academically, and an opportunity to learn to manage finances wisely.
Who will get custody of the children?
In a dissolution of marriage proceeding involving children, the main concern of a judge is the best interest and welfare of the children. The property rights and the welfare of adults involved are secondary. The following factors, among others, influence the judge’s decision on custody (ORS §107.137): 1. The emotional ties between the child and other family members. 2. The interest of the parties in and attitude toward the child. 3. The desirability of continuing an existing relationship. 4. The abuse of one parent by the other. 5. The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court. 6. The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. Oregon law does not discriminate between mothers and fathers when determining custody.
What kind of custody arrangements are possible?
The court will award custody to the mother or father. Only if both parents agree can the court order joint custody. Joint custody does not necessarily mean a 50/50 split of time with the children. Both parents will cooperate in making decisions regarding the children’s residence, religion, schooling, medical/dental care, etc. A parent who does not have "physical" custody of a child is entitled to reasonable parenting time (visitation) with the child and rights. These rights allow the following authority (ORS §107.154): 1. To inspect and receive school records and to consult with school staff concerning the child’s welfare and education. 2. To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent. 3. To consult with any person who may provide care or treatment for the child and to inspect and receive the child
What if my spouse and I can’t agree on custody of our children?
If the parents are unable to come to an agreement regarding custody to one or the other parent and parenting time to the other, the Court will make a custody award as part of the divorce. The Courts decision will be based upon the "best interests" of the child. This process may involve mediation or a custody and parenting time evaluation.
Who receives parenting time?
The parent who does not have physical custody will have scheduled parenting time with the children, except in unusual situations.
How will the court determine the amount of parenting time the non-custodial parent will receive?
Each case is unique and the amount of parenting time ordered depends on facts such as the age of the children, time and scheduling requirements (based on the school year, for example), and the distance between the parents’ households. Parenting time can be divided in a variety of different ways; a parenting plan may provide for visitation on specified days, weekends, holidays, summer and winter vacations, or another arrangement appropriate under the circumstances. Parenting time may be limited in cases involving restraining orders. Most counties in Oregon have proposed visitation schedules, which they regularly follow. These may be obtained through you at or the courthouse.
Can I stop allowing parenting time if the other parent stops paying child support?
No. You must give the other parent the parenting time ordered even if child support is not being paid.
Do I have to make my children go on visits if they don’t want to go?
Yes, the children need to go on visits that a Court has ordered, even if they don’t want to go. You should try to find out why the children do not want to visit the other parent and work out any problems together or through counseling. Only in rare cases does the Court limit time spent with the other parent.
How does third party visitation work?
The burden is fairly substantial for a third-party to be awarded visitation or custody. The court is generally hesitant to intrude on the rights of a parent to make decisions about their child’s upbringing unless the parent is failing to meet the child’s needs. If the biological parents are failing to meet the child’s needs...
Could I get parenting time with my step-child?
Blended families are common today as new spouses often bring one or more children into a marriage, merging two families. Sometimes, the new step-parent becomes the mother- or father-figure for a child, or may be the only mother or father the child has ever known. What happens to these relationships after a divorce? Does the divorce mean a severance of the relationship between a child and step-parent as well? The Court of Appeals addressed this issue last year in the case of Van Driesche. In this case, the stepfather sought visitation with the mother’s child, age 4. Stepfather had been the only father the child had known and mother had encouraged a parent-child relationship. The trial court awarded stepfather parenting time, citing the parent-child relationship between step-father and the child. The Court of Appeals reversed the trial court’s decision and denied the stepfather visitation, citing the mother’s right under the U.S. Constitution to make decisions regarding the associations of her child, with the absence of evidence that the child could be harmed by the mother s decision. At trial, the stepfather failed to provide evidence, other than his opinion, that the child would be harmed if visitation was not allowed. Without evidence of harm, and in light of evidence showing that the mother and the stepfather at times had a violent relationship, the Court of Appeals found that visitation by the stepfather was not in the best interest of the child. This does not mean that no step-parent will ever be awarded visitation. Upon showing that the step-parent and child have a parent-child relationship, and that the child would be subject to a serious risk of harm (emotional or otherwise) if the relationship was not continued, the court may order appropriate visitation to the step-parent. If you are in this situation, you should discuss the specific facts of your case in detail with your attorney.
If I have legal custody, can I move out of Oregon with my children?
The Court may include a provision in the custody/parenting time order requiring that neither parent may move more than 60 miles without giving reasonable notice to the other parent and to the Court. However, the court or your spouse may agree that you can move.
What happens when one parent moves away?
It is increasingly common to see divorced parents who are living some distance apart. Oregon does not place many legal restrictions on custodial parents moving with the children. As a result, the custodial parent may move hundreds or even thousands of miles away. This distance may cause great difficulty in effectuating healthy parenting time. It is important to recognize that these problems are not necessarily legal. Some common practical problems include an inability to facilitate transportation due to financial strain or a lack of work schedule flexibility. The age of the children can also create distance-parenting problems. Younger children tend to benefit by frequency rather than duration of parenting time. Older children are often hesitant to miss planned activities in their hometowns in exchange for a visit with their parent. Many parents have difficulty accepting the solutions to these practicality problems. A good example is the parent who asks for every other weekend when they are living 300 or more miles away. The best solution is usually found in school schedules, which create extended weekends, holidays, and summer vacations. The non-custodial parent may find that their children s school schedules create windows for visitation opportunities. Finding solutions to distance-parenting problems requires sacrifices by both parents. Both need to find motivation in the realization that the transportation burdens are primarily bore by the children, whose only desire is to be with their moms and dads.
Will I lose my spouse’s group health insurance after the divorce?
You can ask to continue your health insurance coverage through your spouse’s employer by enrolling in the COBRA plan. This extension period can range from 18 months to three years, but there are stringent requirements related to the enrollment period and prompt payment of premiums.
Who must pay the child’s health care costs that are not covered by insurance?
The parent with custody must pay the "out-of-pocket" costs unless the child support order states these costs are to be shared or paid by the other parent. The child support guidelines anticipate that the custodial parent will pay the first $250.00 of unreimbursed medical expenses.
Can the child support order include insurance coverage?
A parent may be ordered to pay for the children’s health insurance if it is available through work, a union, or a group. The cost of the insurance coverage may increase or decrease the child support payment, depending on which parent is providing the insurance.