A4 • HERMISTONHERALD.COM
WEDNESDAY, MARCH 9, 2022
OPINION READER’S FORUM
Founded in 1906
WEDNESDAY, MARCH 9, 2022
A4
OUR VIEW
Normal will never be normal again
“N
ormal” is a cruel joke.
America edges
closer each day to
100,000 deaths due to COVID-19.
The world has lost around 6 million.
There have been more than 200
deaths in Umatilla and Morrow coun-
ties, and yet we expect normalcy.
In some respects, we will achieve
this lofty goal. Our mask mandates
will be lifted. We will see more pub-
lic gatherings. And we may not ever
again see another holiday in which
we were fearful of seeing loved ones,
afraid we would pass a killer disease
on to them.
Still, we have been through too
much for us to ever have normal
again. We have watched people get
sick and die. We have mobilized
against the threat of disease with
masks, vaccinations and hygiene that
would seem insane in so-called nor-
mal times.
We remember people who lived
through the Great Depression, and
we have heard stories of how they
ended up miserly to their dying
days. Likewise, we know abuse
victims who jump every time
they hear a door slam. This is the
response to trauma. It is common,
but it is not normal.
We are making our way to what
might be the end of a traumatic time
in our lives. And we will not be nor-
mal again.
How could we?
The pandemic changed our
worldviews. People to the left have
gone further left; those to the right,
further right. Most people think half of
their government and their neighbors
want them dead. Worst of all, everyone
who holds this belief might be right.
This post-pandemic world prevents
us from facing the biggest challenges
of our day. For there is little hope
that we can deal with climate or war,
when we are deadest on sabotaging
one another as we attempt solutions.
This “normal” is abnormal, and it
probably will be this way for the rest
of our lives — at least on a national
scale. Things may, however, improve
locally. We see the great work done
when neighbors unite for positive
ends, and we are heartened.
The joke of normalcy may
always be cruel, but it may not
always be laughable.
COMMENTARY
What should be asked for during a divorce?
BLAINE
CLOOTEN
ASK A LAWYER
Q. How do I protect myself fi nancially
from a spouse? What should I ask for in a
divorce?
A. This is a great question that could take
hours to discuss, depending on the facts
of your situation. Circumstances vary so
much, that all I can really give is some broad
strokes and general guidelines.
The simplest thing to do is to is discuss
concerns with a spouse (assuming you
aren’t already planning to fi le for divorce)
and come up with a post-nuptial agreement
that guides the division of your property
and decisions about spousal support should
you get divorced.
In any divorce case, the fi rst thing that
you need to do is go and get your hands on
every single fi nancial document that exists
that you have access to. Every account,
every debt, every title. This means retire-
ment accounts, bank accounts, anything
that has numbers on it and has a value.
If you are not able to get the information
before fi ling the only other way for you to
get at that documentation is through the
discovery process once the case is fi led.
You’ll never really understand what
a fair settlement is until you know what
property exists.
Oregon has a requirement that there
be an equitable distribution of property.
Assuming we know all the property that
exists, and we’ve gathered our documents
we can begin going through the analysis of
a fair settlement or fair resolution.
So what is fair? A fair settlement is
going to roughly be an equal distribution
between the assets and the liabilities of
each person.
What does this mean?
It is important to note that while the
court has jurisdiction to distribute all prop-
erty of both spouses, generally the court
will equally divide “marital assets.” That
is the assets or accrual on prior assets that
either party acquired during the marriage.
Premarital assets or assets like inheri-
tance require a fairly complex analysis to
determine whether and how they should be
divided.
On one side of the ledger, we’re going
to have the assets. On the other side of
the ledger, we’re going to have all the
liabilities.
Let’s consider a large debt as a liabil-
ity. Maybe it’s a credit card debt for a hun-
dred thousand dollars. The person tak-
ing on that debt is also going to receive
an asset of equal value to zero out the bal-
ance sheet. You have to receive roughly the
same amount of liabilities and assets as the
other person for the settlement to be fair.
What should you ask for in a divorce?
From a property perspective, this is going
to depend primarily on whether or not the
person is paying spousal support. Let’s
take the common example where one
person has been mostly a homemaker in
raising the children while the other has
worked during a long-term marriage.
And now they’re getting a divorce. Let’s
assume the homemaker spouse doesn’t
have the skillset to reenter the workforce
immediately and will require training or
education.
Depending on things like, age, duration of
the marriage, the education and work experi-
ence of the parties, the court may require the
working spouse to pay spousal support to the
homemaker spouse. The court will decide on
the length and the amount of support neces-
sary in each situation depending on the facts
of the case. Unlike child support, there is
not a set formula for calculating the amount
owed to the other spouse.
Depending on income and the prop-
erty, that support may need to counterbal-
ance against what type of property division
the wife is going to get. It’s a possibil-
ity in this hypothetical that the homemaker
spouse might receive more property rather
than spousal support, or might receive less
spousal support in consideration of the extra
property portion received.
So perhaps the homemaker spouse will
receive the house that is free and clear, so
they don’t have to make any payments on
it rather than receiving spousal support pay-
ments every month.
What’s a fair divorce settlement for the
working spouse in this case? What’s fair
for the working spouse is going to depend
primarily on what are the remainder of the
assets at stake, what are the liabilities and
whether or not they’re paying spousal sup-
port. And the inverse of that is also true for
the homemaker spouse.
What should the homemaker spouse ask
for in a divorce settlement is also then going
to depend on, do they need a house for the
children, are they going to be the custodial
parent or have they been working?
Based on the question, I’d recommend
these tips:
1) Initial steps
• Collecting documents and things (gather
LETTERS TO THE EDITOR
Hermiston Police Department
says thank you
It is always easier for me to put
words on paper versus trying to say
everything I want to say to a room full
of people. First, on behalf of the Herm-
iston Police Department Christmas
Express program, we would like to
thank Mayor Dr. Dave Drotzmann for
nominating this incredible annual event
for the 2021 Award of Merit at the Dis-
tinguished Citizens Awards. Second,
we are grateful to the selection com-
mittee for recognizing this program.
Countless volunteers have supported
this program fi nancially, physically,
and even spiritually over the 53 years,
it has existed. Our intent is to provide a
hand-up every Christmas season.
Once a year, the mayor and mem-
bers of the Hermiston City Coun-
cil meet with department heads in a
goal-setting session. For the last couple
of years, we have talked about taking a
pause and recognizing a “win” as they
CONTACT YOUR REPRESENTATIVES
occur. We do this not in a braggado-
cious way, rather to give credit where
credit is due. The Christmas Express
program is a win for this entire com-
munity, and we are blessed to be a part
of it.
Chief Jason Edmiston, on behalf
of the women and men of the Herm-
iston Police Department
House Bill 4002 is why Eastern
Oregon should join Idaho
Do you really wonder why Eastern
Oregon wants to join with Idaho?
Here’s a big hint. House Bill 4002
has to be one of the most “irresponsi-
ble” regulations passed. Why not just
pass a law that all farmers should sign
their property over to the liberal West
side? I have farmed in Washington and
then starting in 1991 for several years
in Oregon. Under this foolish law, how
could I possibly stay in business?
If I have 600 or 6,000 acres of wheat
Printed on
recycled
newsprint
VOLUME 115 • NUMBER 10
Andrew Cutler | Publisher • acutler@hermistonherald.com • 541-278-2673
Erick Peterson | Editor • epeterson@hermistonherald.com • 541-564-4536
Angel Aguilar | Multi-Media consultant • aaguilar@hermiston herald.com 541-564-4531
Audra Workman | Offi ce Manager • aworkman@eastoregonian.com • 541-564-4538
Tammy Malgesini | Community Editor • community@eastoregonian.com • 541-564-4532
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up all documents and make copies).
• Change your passwords (social media,
fi nancial accounts, etc.).
• Consider getting a therapist (but do dis-
cuss with an attorney the rules of discovery).
• Make sure you have a safe place to go,
once you decide to leave (especially with
children).
• If there is abuse, research a restraining
order (FAPA — Family Abuse Prevention
Act).
• Reach out to local domestic violence
services.
• Do some fi nancial planning to ensure
independence.
• Take anything of sentimental value with
you (or put them in a safe place).
2) Throughout divorce
• Understand the legal process takes
time especially because a narcissist will not
compromise.
• Refl ect on the bottom line for what you
want from divorce regarding property and
parenting time.
• Consult with an attorney, know your
rights.
• Take measures to protect your pets.
• Change phone plan, and lock phone
down.
• Do not post on social media.
• Close social media accounts but do not
erase because it is “discoverable.”
• Find online communities for dealing
with divorce and/or other support groups.
———
Blaine Clooten is an attorney serving
Umatilla County with a focus on family law,
estate planning and personal injury cases.
Questions answered do not create an attorney-
client relationship. Facts and law may vary;
talk to an attorney for more information.
Periodical postage paid at Hermiston, OR.
Postmaster, send address changes to
Hermiston Herald, 333 E. Main St.,
Hermiston, OR 97838.
Member of EO Media Group Copyright ©2022
to be harvested, my crew and I would
work 12 hours a day until the crop was
safely in storage. I personally always
paid over minimum wage and gave a
bonus for fi nishing the harvest. Let’s
stop and look at an example: Seven
days at 12 hour days comes to 84 hours.
The fi rst 40 hours would come to $600.
The next 44 hours at $22.50 (time and
half) would add $990 for a total $1,650
a week. The reality of weather fl uctu-
ations required me to get the harvest
completed in a timely way. Farmers
don’t set the selling price of their wheat.
The going rate is set by world demand.
Just stop and think of me going to a
grain dealer and saying I need an addi-
tional $5 a bushel just to make ends
meet. The reason is my wonderful state
of Oregon has more than doubled my
expenses by micro-managing how I
personally operate my farm. I would
receive nothing but laughter.
Kenneth Parsons
La Grande
CORRECTIONS
It is the policy of the Hermiston Herald to correct errors as soon as
they are discovered. Incorrect information will be corrected on Page
A2. Errors committed on the Opinion page will be corrected on that
page. Corrections also are noted in the online versions of our stories.
Please contact the editor at editor@hermistonherald.com or call
541-278-2673 with issues about this policy or to report errors.
SUBMIT A LETTER TO THE EDITOR
Letters Policy: Letters to the Editor is a forum for the Hermiston
Herald readers to express themselves on local, state, national or
world issues. Brevity is good, but longer letters should be kept to
250 words. No personal attacks; challenge the opinion, not the
person. The Hermiston Herald reserves the right to edit letters for
STATE REP. GREG SMITH,
DISTRICT 57
900 Court St. NE, H-482
Salem, OR 97301
503-986-1457
Email: Rep.GregSmith@state.or.us
———
STATE SEN. BILL HANSELL,
DISTRICT 29
900 Court St. NE, S-423
Salem, OR 97301
503-986-1729
Email: Sen.BillHansell@state.or.us
———
GOV. KATE BROWN
160 State Capitol
900 Court Street
Salem, OR 97301-4047
503-378-4582
Email: www.oregon.gov/gov/Pages/
share-your-opinion.aspx
length and for content. Letters must be original and signed by the
writer or writers. Anonymous letters will not be printed. Writers
should include a telephone number so they can be reached for
questions. Only the letter writer’s name and city of residence will be
published.
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