Until recently, it was quite clear in Oregon that a person could file for a divorce, even after a judicial settlement, and that the court could order something completely different in the divorce than was ordered or agreed on in the separation.
New case law from 2019 makes this less certain.
A careful analysis of the existing case law and of the relevant statutes should be undertaken, and the risks of one interpretation or the other prevailing should be undertaken before a person decides which of these apparently conflicting cases to rely on.
Steven A. Heinrich
Divorce & Custody
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