Legal Question in Family Law in Oregon
Finalizing divorce
I really need some help. I don't know what to do. Here are my problems. Please help.
My lawyer sent me the final papers for me to sign. I pay $151 per week for insurance but my lawyer only stated I pay $159 per month. She says I only have to carry it for the kids and not my ex. My insurance company has only 2 catagories. Family (full price) and employee only (free). Shouldn't I have gotten more credit for insurance? Also I was told that I have to provide insurance for me in the amount of $100,000 and naming the kids as benificiaries but my ex doesn't. Is that fair? Finally, my lawyer said that if I don't sign the papers within 10 days, then she will file contempt charges against me. I'm the one who filed for divorce. What if I decide to drop the divorce? Can they do this to me? Please help.. Thank you...
1 Answer from Attorneys
Re: Finalizing divorce
I really need some help. I don't know what to do. Here are my problems.
My lawyer sent me the final papers for me to sign. I pay $151 per week for insurance but my lawyer only stated I pay $159 per month. She says I only have to carry it for the kids and not my ex. My insurance company has only 2 catagories. Family (full price) and employee only (free). Shouldn't I have gotten more credit for insurance?
ANSWER: Yes.
Also I was told that I have to provide insurance for me in the amount of $100,000 and naming the kids as benificiaries but my ex doesn't. Is that fair?
ANSWER: No, that is not fair. Also, there is no Oregon law requiring you to maintain life insurance and name the kids as beneficiaries, unless you voluntarily agree to do so. Also, you already have life insurance for the kids throught the federal government (for which you pay by payroll dedeuction). It's called Social Security surviving children's insurance benefits. If you die, the kids will get a month Soc. Sec. check that is probably more than you were required to pay in child support when you were alive. In essence, you are worth more to you ex-wife if you dead rather than alive. But don't tell here that, 'cause you never know what she might do.)
My lawyer said that if I don't sign the papers within 10 days, then she will file contempt charges against me.
ANSWER: Your lawyer cannot file contempt charges against you. That's ridiculous.
What if I decide to drop the divorce?
ANSWER: The case would be dismissed, unless your spouse wants to pursue the case to completion and get the divorce (which she has a legal right to do, even if you do not want to continue).
Can they do this to me?
ANSWER: Apparently so, since it appears that that is what they are doing.
WORD OF ADVICE: If you're not happy with your attorney, get a second opinion and, perhaps, change lawyers. That is your right. After all, it is YOUR case, not you lawyer's case.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]