Reference Material and Informational Links
Family Law
Family Law
In general, once a Judgment has been entered in a divorce or other family law matter, it is usually possible only to modify terms of custody and parenting time, child support, and spousal support.
In addition, in general, such matters can only be modified if there have been substantial, unanticipated, and material changes in circumstances. Child support can also be reviewed and modified if appropriate once every three years, even if a substantial and material change is not demonstrable prior to the review.
A divorce is NOT the fault of the children. Sometimes, however, children feel that they are in some way to blame, or that the divorce is in some way their fault.
This can be true for very young children, as well as for children who are well past the age of adulthood. It can be important for parents of children of all ages to remember this, although, of course, the way in which the following is articulated, and the way one interacts with children of different ages, will differ.
Oregon does not recognize common law marriage, in general. Common law marriages may be recognized if entered in a state or country that does recognize them, but in most cases you have to actually have been married in order to be divorced.
Many people live together without marriage, of course, and what some people call domestic partnership dissolutions are not uncommon.
If a couple lived together for a time, and acquired assets during that time, and then got married, matters may be somewhat more complicated.
Divorce and family law includes a wide range of topics. In addition to divorces, family law includes matters such as grandparent visitation, modifications of custody, modifications of parenting time (visitation), modifications of child support, modifications of spousal support, and other matters.
Other issues handled by family law attorneys include filiation (proceedings to determine legal parenthood), child support and back child support in filiation situations, and the like.
Although a Judgment of Dissolution may assign certain debts to one former spouse, the other former spouse may also still be liable on these debts.
If you were liable prior to a divorce, you are likely still liable after a divorce.
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.
Sometimes there is a situation where one side has filed a case in court first, and where the other side filed somewhat later, in another county, but achieved service on the first person first.
A person can only file for a divorce in Oregon if the person or the person’s spouse has lived in Oregon for at least six months.
However, a person can file for legal separation immediately upon moving to Oregon.
In some situations there is a question whether one is allowed to file a divorce case in Oregon. This can be an issue if you have recently moved to Oregon, or if your spouse lives out of state.