Explaining Oregon Law
Effect of Judgment
Once the court signs the General Judgment of Dissolution, the marriage of the parties is dissolved. Both parties are restored to a status of single person. The rights which given under the Judgment of Dissolution go into effect immediately. Several other things happen when the judge signed the Judgment of ...
Support or maintenance for child attending school
Under Oregon law, there are several circumstances when child support ends before a child turns 18, the so called “age of majority”, or what people call “adulthood.” And, there are circumstances when child support will continue after the child turns 18. This section covers the circumstances when child support continues ...
Provisions of order or judgment providing for custody, parenting time, visitation or support of child
(ORS 107.106)
ORS 107.106 covers items which much be addressed when custody, parenting time or child support are included in a judgment or order. The items which must be included are: Provisions for payment of uninsured medical expenses of the child Maintenance of insurance or other security for support and Medical support ...
Parenting Plans
(ORS 107.102)
In any court proceeding to establish or modify parenting time with a child, a parenting plan shall be filed with the court. A parenting plan may be either general or detailed. A general parenting plan sets out in a general way an outline of the parents responsibilities and how parenting ...
Temporary Protective Orders of Restraint
(ORS 107.097)
In a court proceeding involving custody, either parent can request that the court issue an Order restraining the movement of the child or children. If the child is in “immediate danger”, a parent can appear before the court “ex parte”, meaning without the other side being present in court, and ...
Interim Support Orders
In Multnomah County, it may very well take one year before a divorce case goes before a judge. Suppose husband was the stay at home parent and has not worked in 15 years. Suppose there is a child. How is husband going to support himself in these circumstances? Oregon law ...
Protecting Assets While Divorcing
How does a spouse protect his or her assets from the other spouse during a divorce? Oregon law provides a “restraining order” prohibiting a spouse from canceling insurance or spending the couples’ assets except for the normal course of business during a divorce. Once a spouse files a divorce, that ...
Discovery
During a divorce, both spouses are entitled to know all of the assets, debts and income of the other spouse. The legal process of obtaining this information is called “discovery.” There are three ways, basically, a spouse can obtain this information. The first is by requesting records from the ...
Residency
ORS 107.075 explains the residency requirements to file for a divorce or for a separation in Oregon. This is known as “personal jurisdiction.” Courts have to have both subject matter and personal jurisdiction to hear a case. Subject matter jurisdiction means that the legislature has authorized a particular court ...
Filing the Oregon Divorce Petition
Every court proceeding starts with the filing of a Petition or a Complaint. A divorce or separation proceeding is initiated with the filing of a “Petition of Dissolution of Marriage” with the court. ORS 107.085 provides the technical requirements which must be met in the Petition and the information ...