Frequently Asked Questions
At Holtey Law, our Portland divorce lawyers and family law attorneys provide sound advice based upon years of experience and expertise.
Get the answers you need to the questions you have.
How much will my divorce cost?
There’s no easy answer to this question. Your situation is unique and every divorce is different. Factors that affect the answer include whether your case includes:
- Child custody issues
- Spousal support
- Division of businesses and commercial property
- Investment and retirement accounts
We are willing to discuss these issues with you, and will be upfront about the hourly rate you will be charged and your overall estimated cost at the beginning of our representation.
Can I change my current spousal support payment?
You can file to modify your payments (to increase or decrease) but there are many factors which go into the analysis. The principal question the court will ask is: has there been a substantial, unanticipated change in circumstances justifying a modification in the amount of support?
How do I change custody or parenting time with my child/children?
You must file a Motion for Modification with the court. Custody has to have certain thresholds met before a change can occur. Parenting time is always up to the court to decide what is in the best interest of the children.
Will my spouse get my inheritance after we divorce?
This is a fact-specific question, meaning the answer is different for everyone.
However, the general rule is that if you have inherited property, and you keep it completely separate from your spouse, you will keep it after the divorce. There are many factors that enter into this analysis, and the court will always consider the standard of “just and proper” in an overall property division.
Am I or my spouse entitled to alimony or spousal support? If so, how much will it be and why?
Spousal support is most often ordered in cases where one spouse has a substantially greater income than the other spouse. There are many factors involved in the court’s decision, but the main ones are:
- How long have you been married?
- Are there any minor children?
- How much property will each party receive?
- How much monthly income do the parties have?
If you think spousal support will be awarded in your case, you should call us.
How will the court divide our property?
This is a complicated question driven by specific facts. However, the general rule the courts will follow is to divide all property in a “just and proper” fashion. You will need to call an attorney to discuss the specific facts of your matter.
What’s the difference between physical and legal custody of children?
Legal custody means the parent has right to make decisions about legal matters concerning the children:
- Where they go to school
- Who their doctor is
- When and whether they get their ears pierced
Physical custody means where the child spend the most time. Remember, courts will not order joint legal custody unless the parents agree to it.
I’ve been served with divorce paperwork by my spouse. What do I do now?
First, read the paperwork (called pleadings) that you have been served.
You may be surprised about the things your spouse is asking for. Next, contact an attorney, so you can get advice on how to proceed.
Remember, you have to file a document called a Response within 30 days of being served a Petition for Dissolution, or the other side may take a Default Judgment against you, which means they get what they ask for in their Petition.
What do I do if I need to get divorced?
Call us at (503) 224-9878. Some people can do divorce paperwork on their own, but if you own property, have children or think spousal support may be an issue you should contact an attorney to learn your options and possible outcomes.
“Holtey Law is about getting the right result, setting realistic expectations for their clients, and overall trying to save you money. I hope I never have to hire a lawyer again but if I do it would be from Holtey Law.”
— Nick P.
Get Your Questions Answered at No Charge
It starts with a phone consultation. We’re ready to learn everything about your situation, assets affected, and children involved. From there, we develop a strategy designed to produce the best outcome for you and your family.
Get your free, no obligation phone consultation today.