Family Law FAQ

Family law issues can raise a number of complicated questions. Below are some of the frequently asked questions the attorneys at the Albany law firm of Healy & McCann, PC, encounter. It is important to keep in mind that everyone's situation is different and nothing can replace the advice of a skilled lawyer. For specific answers to your questions, schedule a consultation by calling us at 541-248-1440.

Is it necessary to hire an attorney to handle my divorce case?

No. In theory, you do not need an attorney for any legal matter. However, the list of nonlegal practitioners who have successfully achieved their desired results in a case is awfully short. Even if you and your ex agree on all of the major issues in your divorce, there are still certain legal procedures that must be followed and it is easy to overlook things that need to be considered. Hiring an attorney can only help you protect your interests and ensure that everything is carried out properly.

How long does the divorce process last?

The length of a divorce case depends on a number of factors, the biggest one being how contentious things are between you and your ex. Generally speaking, a typical divorce case that does not involve significant assets or other complicated issues takes about 90 days until the divorce is finalized. Of course, it is possible for things to move along much quicker as well.

I am not receiving child support payments. What are my options?

If you are not receiving or are only receiving partial child support payments, you can pursue an enforcement action. The court may garnish your ex's wages in an effort to help you recover the support to which you are entitled. If the other parent still refuses to comply with a court order, he or she may be held in contempt, and may face the very real threat of being jailed.

Can I change the terms of my divorce agreement?

When a divorce has been finalized, there are certain terms, such as the division of property, that are likely to be unchanged. However, other terms may be modified if a person has experienced a substantial change in circumstances following a divorce.

For example, it may be necessary to modify an order for child support if a parent suffers a job loss or a significant reduction in pay. Alternatively, if a parent receives a job promotion or receives a significant boost in income, seeking an increase in the amount of child support may be in order.

The terms of a child custody agreement may need to be modified, especially in cases where one parent decides to move out of state. It is important to note that any modification to a divorce decree must be approved by the court. If one party effectively changes the terms of an agreement, such as stopping child support payments or moving far away, without court approval, the consequences can be severe.

Contact Us With Your Family Law Questions

For answers to your specific family law questions, we invite you to schedule a consultation with us. Call 541-248-1440 or contact us online. From our offices in Albany, we provide representation to people throughout Northwest Oregon.