How is custody decided if both parents have full time jobs?

My son is getting married is there any advice I can give him?

Caller questions include:
"What's the difference between mediation and litigation?"
"When you get a divorce, what's community versus separate property? I've collected classic cars and want to keep them."
"I got married in Vegas. It's a bit hazy, but how do I find out if I'm married or if it was just a stunt?"
"I got married in Hawaii, do I have to divorce in Hawaii? How long will the divorce take?"
"Can I get divorced without ever having to see my spouse?"
"If you make a down payment on a house before getting married does it stay separate property?"

Rick Jones - KZOK FM - BJ Shea & Sarah Mornings March 2025

Colin Amos Rip City Radio With Chad Doing February 2025


Caller: So, I got married in Vegas a few weeks ago. Cliché, I know. The night is a bit hard, but how do I find out if I'm, like, legally married or if it was, like, a stunt? 

Rick: Oh. Well, did you get, did you get any sort of marriage license? Did you sign anything there at the end of the process?

Caller: I'm not gonna lie. I remember signing something, but like I said, it was more drinks than I have ever had. 

Rick: Wow. Sure, sure. And how long ago did you say this was? 

Caller: A few weeks ago. 

Rick:  Okay. Do you guys live together? 

Caller: No. 

Rick:  Okay. Do you know her?

Caller: No. Sorry. 

Rick:  What I what I can't tell you whether or not you actually got legally married.

What I can tell you, though, is if you did get great at this point, there's certainly a way to back out. The downside is you're going to have to jump through some hoops, and it's probably going to cost you a few bucks. But ultimately, what you can do is rather than go through a divorce, you can basically seek for the marriage to be titled invalid.

So, in other words, really just sort of take it out saying the marriage was really never valid to begin with. And really what you need to show is things like, well, it was only two weeks ago. There's a reason why it was hazy. Oh, by the way, we then haven't got to act as if we're married either.

But you do need to go through the process. First, check whether or not there was a marriage license. And maybe you call her to see what she's got. And, if there is, then, you know, you do need to go through the court and file a motion to have it be declared invalid.

Caller: Awesome. (background laughter)

Sarah: So, so there is no, like, magical database that Mark can go to that shows your marital status or like, you know, in, in Las Vegas or Nevada. There's no way of him, like, looking to see. Yeah, I see that's the problem. Especially when it's, when it's a Vegas, you know, Vegas wedding, Reno wedding, that type of thing.

Rick:  I actually just don't know how you would reach out, to the to the state of Nevada, to find that out. There certainly is a way in the state of Washington. The Department of Vital Statistics obviously has to keep, records like that. So there certainly is a process, that he could go through.

Two weeks in, I don't know if they've logged it. That would be the concern.



Did I get Married In Vegas?


Caller:  When you get a divorce. What is it that determines community property and separate property? Because I want to prepare myself. Because my marriage is kind of on the rocks. I've acquired a few classic cars over the years, and I don't want her to get them.

Rick: Yeah, well, the determination really has already happened. And the key is to try and protect, you know, whatever that determination originally started at. I, let me let me kind of explain it a little bit more basic circumstances where in Washington there's a presumption to a starting point that anything that you've acquired during marriage is shared and shared, like is is this community?

So then the then the question is, well, is there a reason, though, that it should be a separate property? Well, separate property consists of things that you brought into marriage, that were already owned outright. So you weren't continuing to pay off on them. So let's use the classic cars. An example, a classic car that you had, paid off, sitting in your garage when you got married.

The assumption is that it remains your separate property. You know, the complexities is when you, let's say, buy this for $5,000, it's sitting in your garage and you put $15,000 into building it up, all of all of which you put in after you were married. That becomes a cloudy issue. 

You could argue separate property, but they could also argue community property because it was your income while married that was that was kind of producing this, the other big exception for you and it for everybody to hear out there is if you, have let's, let's say an inheritance which is usually considered separate property to the individual that inherited it.

that money usually goes, you know, straight into a bank account, a separate bank account to keep its nature. And then moneys that you spend out of that can, can be traced back to those separate property roots. So again, in your example, let's say there was an inheritance from that inheritance. You specifically went out and purchased a classic car.

Well, that classic car remains your separate property because it can be traced back. It's complex and usually one of those where if you're sitting down with me, we kind of go through the, the lifeline of whatever this piece of property is to see if we can argue that it should be traced to a separate property. Yes. So if he acquired the classic cars during the marriage, then, she could be spiteful and take them.

Let's say that, you know, five, ten years into the marriage, you bought a classic car for $20,000 because you had it in the joint savings account. Yeah, that's going to be community property. 

Okay, well, one of the things to mention on this, community property needs to be divided as well.

So it becomes kind of a balance sheet analysis. My guess is she's not really interested in the community. If in the classic car, it's cars themselves, if it's community property. But she is probably going to be interested in her share of the value of that so often means maybe sliding something that you care less about over onto the other side of the ledger, or just something more might be on the other.

And then you're able to, you know, keep and collect your hobbies.



Can I Keep My Ex From Getting My Classic Cars In Property Division?

In this episode, Colin answers questions about property division for unmarried couples,  avoiding unfavorable circumstances, is there an advantage to filing first, preventing the hiding of assets, and negotiating when you're upset.

Colin Amos Rip City Radio With Chad Doing March 2025

Long term relationship without a marriage certificate; what happens to property division in a Committed Intimate Relationship (CIR) or Domestic Partnership.

Domestic Partnerships and Committed Intimate Relationships

Caller questions in this episode:  "What's one thing you'd tell someone before they get married?" "I found out I have a 10--year-old kid. Do I need to pay back-child-support?" "I have custody once a month, but my ex left my child with her mother and moved to a different city." "How will child support affect property division?" "My wife spent all my inheritance money at a casino." 

Rick Jones - KZOK FM - BJ Shea & Sarah Mornings April 2025

What are the different types of custody in Oregon? 
How do you change the parenting plan?
What are the ways guys F up their divorce? 
I owned the home before we were married and put work into it. Can I keep my house?
My ex and I are separated, and claiming that I abandoned my kids and cannot get visitation by seeking a divorce. What kind of parenting plan will I get?
When is a good time to seek a child support modification?

Colin Amos Rip City Radio With Chad Doing April 2025

Our founding partner, Rick Jones, stops by KZOK 102.5 to answer family law questions(FOR FREE) from callers.  Our managing attorney in Portland, Oregon, also answers questions on 620 Rip City Radio.
We cover everything from frequently asked questions and some incredibly obscure ones. 

Seattle, WA: (206) 448-1010
Portland, OR: (503) 731-8888  
San Diego, CA: (619) 243-0888

Or call 1-800-Divorce to be directed to the nearest office to you.

We provide answers to your phone questions at no charge!

Tracks by Goldberg Jones | Divorce For Men