Frequently Asked Questions

Michael A. Neal, P.C. provides family law and personal bankruptcy services to Oregon clients. Many prospective and current clients have legal questions, especially when dealing with an unfamiliar legal matter; below are some answers to frequently asked questions. Our practice areas overview has additional information about our experience in these areas.

While these answers are a helpful guide to your legal matter, they are no substitute for experienced legal counsel. Contact the office of Michael A. Neal, P.C. today for a consultation to discuss your family law or bankruptcy matter. We are available by appointment on evenings and Saturdays. Family law consultations are free, and there is a small fee for bankruptcy consultations.

Divorce

How long will my divorce take?

Oregon typically imposes a 90-day waiting period before any divorce can become final. After that period has passed, the duration depends largely on you and your spouse's collective ability to agree on a number of issues, including property distribution and support. If you can reach an amicable agreement, the divorce can be finalized soon after the waiting period expires. Divorces with disputes that require litigation can take months, and even years, to be resolved.

Do we have to go to court?

We can help you seek a swift resolution of your divorce by encouraging negotiations and other amicable discussions outside the courtroom, including mediation. By discussing divorce matters openly and honestly, some clients are able to obtain a divorce without an extended litigation battle. While we can help facilitate these alternative dispute resolution methods, there are many clients who require litigation to obtain fair results. When litigation is unavoidable, we offer legal representation rooted in over two decades of family law practice. For more information, visit our divorce page.

Post-Divorce

How will custody of our children be decided?

Ideally, you and your spouse can agree upon a fair arrangement that allows for joint custody of your children. Oregon law considers the best interests of the children as the most important factor in determining custody. Typically, one parent is awarded primary physical custody, while the other parent is often required to pay child support and a visitation schedule is arranged. In situations where one parent's custody would be detrimental to the child, the other parent can obtain sole custody. Visitation rights, sometimes supervised, may still be available to the parent who has been deemed unfit for custody.

How much child support will I have to pay?

It depends. Child support orders consider the annual income and financial status of both parents. Typically, when one parent has primary or sole custody, the noncustodial parent will be responsible for periodic payments to help the custodial parent provide for the child. The payment amount is a reflection of the disparity between the spouses' respective earning power, factoring in the time away from employment required to adequately raise the child. Each case is unique and subject to the discretion of the court, so retaining an experienced family lawyer is essential to ensuring a favorable support order.

Grandparents' Rights

We would like to obtain legal custody of our grandchild. What do we need to do?

Grandparents or other relatives, or persons acting as a parent, such as an aunt or uncle, may be able to obtain custody of a child by court order. Courts will look at a number of factors in determining whether the grandparents are suitable custodians, although they must have already been in a beneficial custodial role for the children. When making a custody determination, courts will always put primary emphasis on the best interests and welfare of the child.

If my grandchild's legal parent will not let me visit the child, can I obtain visitation rights?

Perhaps. Obtaining visitation rights can be difficult, because Oregon presumes that the parent is acting in the best interests of the child when denying you visitation. However, you can rebut this presumption in court by demonstrating how your visitation would benefit the child and not interfere with custody or other aspects of the child's upbringing. Courts will often grant visitation rights to grandparents and other relatives when these factors weigh in favor of visitation and the denial by the legal parent is deemed unreasonable.

Bankruptcy

Do I qualify for a Chapter 7 bankruptcy?

Determining qualification for a Chapter 7 bankruptcy requires a complicated analysis, but individuals as well as incorporated and unincorporated businesses may be eligible. Eligibility is typically determined via a "means test," which analyzes your income based on that of other Oregon residents. If your small business needs to declare bankruptcy, maintaining operations may be difficult unless you are self-employed. These determinations are complex and can vary greatly depending on your personal and professional circumstances, requiring an experienced bankruptcy attorney to properly advise you.

Will I have to sell my house or car?

It depends. Generally, you can keep all exempt property, and you might have to sell nonexempt property. Exempt property may include your home, the items inside your home, your car, and your retirement accounts. In some circumstances, you may also be able to keep some monetary assets. Determining which property you can keep can be a complicated matter that is heavily dependent on the specifics of your situation; an experienced attorney can examine your assets and advise you as to what property you will likely be able to keep.

Can I avoid payment of certain debts under Chapter 7?

Chapter 7 bankruptcies can be particularly helpful for consumers with large amounts of unsecured debt. Unsecured debts are those not backed by collateral, for example a tangible asset or property that can be repossessed if the debt is not repaid. Examples of unsecured debts include credit card payments and medical bills. A Chapter 7 bankruptcy filing will often discharge these debts, and since they are not backed by collateral, no selling of assets or property to compensate will be required. For more details, visit our personal bankruptcy page.

What about a Chapter 13 bankruptcy?

This form of personal bankruptcy allows people to pay some or all of their debts over a 3 to 5 year period. It also allows for retaining personal property, such as homes or vehicles.