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.
Sometimes it does not matter who files first in a divorce situation.
In Oregon, one can only file for divorce in a county where one party or the other lives.
People sometimes wonder whether they gain an advantage by filing first in a divorce situation.
In some cases, the answer is yes.
Something that some people don’t think of relates to money passing to their children.
If you do not have a Will and are not married at the time you die, your children WILL get your assets (if you have children).
Many General Judgments of Dissolution (sometimes called Divorce Decrees) require retirement assets be split, or require some retirement assets to be transferred or assigned to the owner’s former spouse.