Hunt & Associates P.C.

Jun 2, 2015

Like Humpty Dumpty: Some Courts Insist That They Won’t Be Servants to Words but Will, Instead, Decide for Themselves What the Words Will Mean

Even appellate courts sometimes disregard the operative language of a problem in order to achieve the result they want. A recent example is State v. Crombie, 267 Or. App. 705 (2014), which is a contempt action arising from a Family Abuse Prevention Act (“FAPA”) order and a divorce.

In Crombie the wife had obtained what the court described as “a standard-form FAPA order that prohibited her husband, the defendant, from, “‘intimidating, molesting, interfering with … Read more

Jun 13, 2013

Reminder: Change the Beneficiary Designation on Life Insurance, Annuities, Retirement Accounts, and Bank Accounts Following Your Divorce

I wrote about this in an earlier blog post, but it bears repeating that a divorce is not over just because the judge signed the judgment or decree.  The United States Supreme Court recently issued a decision which emphasized the importance of making sure that following the entry of your divorce judgment you need to update beneficiary designations in life insurance policies and other financial accounts or products that have payable on death beneficiaries.… Read more

Jan 18, 2013

Packing Up and Moving – Don’t Forget to Tell Your Ex

It’s moving day.  You’re moving from Portland to Eugene to start a new job and be closer to your boyfriend of 3 months.  The truck is packed, the kids are in their car seats, your moving checklist is complete, and it’s time to start a new life and a new job in Eugene.  One small problem, you forgot to notify your ex-husband, and father of the kids, that you were moving.  Surely it’s just a … Read more

Mar 27, 2012

Prenuptial Agreements and Estate Planning

Prenuptial agreements are valid and enforceable in Oregon.  We frequently advise clients to have a prenuptial agreement in place if they have children from a prior relationship or this marriage will not be their first.  Also, if the parties have significant separately owned assets acquired before their marriage they may want to consider having a prenuptial agreement in place. … Read more

Dec 30, 2011

No Shark Fin Soup for You: Recent Changes to Oregon Laws

Possessors of shark fins, you now have one day (if you read this on December 30, 2011, to sell, trade or distribute any shark fins that you have in your possession.  After December 31, 2011 you will no longer be able to sell, trade or distribute shark fins in Oregon without a license.  California has enacted a similar law.  After December 31, 2011, you also cannot possess shark fins in Oregon – unless you acquired … Read more

May 17, 2011

Is a Divorce Judgment the Final Step in a Divorce?

At the conclusion of a divorce the last person that you want to talk with is an attorney to discuss your estate planning.  However, such a discussion is necessary to avoid unintended consequences and expensive litigation in the event you pass away.… Read more

Mar 30, 2011

Death during a Divorce

In Oregon, a couple is married until the death of one spouse or a judge signs, and the court enters, a formal judgment dissolving the couple’s marriage.  Up until the occurrence of one of these events, the parties are considered married.  Contested divorces generally revolve around who gets what property.  Consequently, when an individual going through a divorce dies during the divorce the question becomes two parts, “what happens to the divorce and who gets … Read more