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How property division can affect child custody

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by Jaye Taylor
Shareholder and Attorney at Buckley Law P.C.

If you are going through a divorce, it is likely that at least one, if not two big issues are occupying your thoughts: child custody and property division. Both of these issues have the potential to make a huge impact on your future.

While they may seem like unrelated aspects of the divorce process, they are in fact related in some ways. If you are seeking to be granted substantial parenting time or if you want your home to be the primary residence for your children, it is important to note that the suitability of your accommodation will be assessed by the courts. Of course, the suitability of your accommodation is likely to largely depend on how assets are divided in the property division process. In other words, if one spouse is able to keep the family home, they might have an advantage, at least temporarily, when it comes to custody negotiations.

How will the division of property be determined in the state of Oregon?

The state of Oregon is an equitable distribution state. This means that the courts will seek to divide marital assets fairly and will take into account the contributions, both direct and indirect, that each spouse has made toward the marriage. The courts may decide to award the family home to one spouse and offer the other spouse assets that equate to a similar amount. Your children may want to stay in their same school, and in their same neighborhood. Either way, it is important that you are aware of the way that this asset division could affect your custody chances.

Having a home that your children will feel safe and comfortable in is vital, whether it is the prior family residence or a new location near their friends and family. If you want to know more about how child custody is determined in Oregon, an experienced attorney can be of great help.

Jaye Wickham Taylor focuses her practice on family law litigation. Jaye Taylor has successfully litigated some of the most challenging and emotionally charged family law cases in the state, involving custody of children to fathers, severe parental alienation and abduction, allegations of domestic violence and international move-away cases.


Specialties: Custody, Support, division of assets and debts, modifications, elder abuse, will contests, adoptions, domestic violence, domestic partnerships, prenups.

The information contained in this article is for informational purposes only and does not constitute legal advice. You should not act upon any information contained in this article without consulting an attorney for individual advice regarding your own situation. 

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