Fall Creek Family Law Lawyer, Oregon
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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LEGAL TERMS
UNCONTESTED DIVORCE
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court... (more...)
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court. Many divorces proceed this way when the spouses have worked everything out and there's no reason for both to go to court -- and pay the court costs.
SURVIVORS BENEFITS
An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disabil... (more...)
An amount of money available to the surviving spouse and minor or disabled children of a deceased worker who qualified for Social Security retirement or disability benefits.
DISSOLUTION
A term used instead of divorce in some states.
ATTRACTIVE NUISANCE
Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and aba... (more...)
Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and abandoned refrigerators have all qualified as attractive nuisances.
CONSUMMATION
The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.
EQUITABLE DISTRIBUTION
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.
CONDONATION
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.
STIRPES
A term used in wills that refers to descendants of a common ancestor or branch of a family.
CHILD
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born o... (more...)
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child. See also emancipation.
SAMPLE LEGAL CASES
Friends of Yamhill County v. BD. OF COMR'S
... waiver restricts the allowed use "to the extent that use was permitted when [claimant] acquired
the property on December 3, 1970." Friends contends that the administrative record establishes
that, at the time of acquisition, county zoning law precluded single-family dwellings on ...
Vogelin v. American Family Mutual Ins. Co.
... Jessica VOGELIN, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Defendant-Respondent. ... B) The amount paid and the present value of all amounts payable on
account of such bodily injury under any workers' compensation law, disability benefits ...
Vogelin v. American Family Mut. Ins. Co.
... Thus, plaintiff asserted, although the policy that she had purchased from defendant purportedly
provided that the tortfeasor's $25,000 liability payment would be deducted from her UM liability
limit ($100,000), Oregon law required that that ... Vogelin v. American Family Mutual Ins. ...
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