Frequently Asked Questions (FAQ's)

What happens if one spouse doesn't follow the terms of the agreement?
If one spouse does not follow the terms of an Oregon Divorce Settlement Agreement, they may be held in contempt of court. The other party can file a motion for enforcement with the court to seek remedies such as wage garnishment or property seizure.
What if my ex-spouse moves without giving proper notice?
If your ex-spouse relocates without following proper procedure, you can seek legal remedies through the court system. This could include modifying or enforcing existing custody orders, holding them in contempt of court or even seeking criminal charges for custodial interference.
What is the legal process for relocating with a child in Oregon?
In Oregon, the parent who has primary custody must provide written notice to the other parent at least 60 days before relocating. If the non-custodial parent objects, they must file a motion within 30 days of receiving the notice. The court will then consider factors like best interests of the child and both parents' reasons for moving or objecting before making a decision.
How do I obtain an Oregon Stalking Order?
To obtain an Oregon Stalking Order, you must file a petition with the circuit court in your county. You will need to provide evidence of stalking behavior, such as police reports, witness statements, or documentation of threats. A judge will review your case and may issue a temporary order before scheduling a hearing to determine if a permanent order is necessary.
What is Oregon mediation in the context of family law?
Oregon mediation is a cooperative, problem-solving process in which a neutral third-party mediator helps divorcing or separating couples reach mutually satisfying agreements on issues such as child custody, parenting time, spousal support, and property division. Mediation allows parties to maintain control over their own decisions and outcomes rather than having them imposed by the court.
Can I modify or terminate my existing Oregon Stalking Order?
Yes, either party involved in the stalking order may request modification or termination by submitting appropriate paperwork with supporting reasons explaining why modification or termination is necessary. The court will review the request and may schedule a hearing to determine if a change is warranted.
Can an Oregon restraining order be modified or terminated?
Yes, either party can request modifications or termination of a restraining order by filing appropriate paperwork with the court and attending another hearing before a judge who will consider whether circumstances have changed sufficiently to warrant changes.
What if my ex-spouse moves out of state?
If your ex-spouse moves out of state but still owes you child support payments, Oregon courts can enforce orders by coordinating with other states through interstate cooperation agreements. The Uniform Interstate Family Support Act (UIFSA) ensures that appropriate measures will still be taken to collect any due payments.
How do I obtain an Oregon restraining order?
To obtain a restraining order in Oregon, you must file a petition with the Circuit Court in the county where you live or where the abuse occurred. You'll need to complete the necessary forms, provide detailed information about the abuser and incidents of abuse, and attend a hearing before a judge who will assess your request.
What is an Oregon stalking protective order?
An Oregon stalking protective order is a legal document issued by a court to protect a person from being harassed, intimidated, or followed by another individual. It aims to prevent further stalking behavior by the respondent (the accused stalker) and to ensure the petitioner's (the victim's) safety.
How do I obtain an Oregon stalking protective order?
To obtain a stalking protective order, you need to file a petition at your local circuit court, describing the stalking incidents and providing evidence of the behavior. After reviewing your petition, a judge may grant a temporary order, followed by a hearing to decide whether to issue a permanent order.
Does an out-of-state or foreign protective order apply in Oregon?
Yes, under federal law called Full Faith & Credit provision all states must enforce valid out-of-state protective/restraining orders as if they were issued in Oregon. You should register your order with local authorities to ensure proper enforcement.

Oregon Personal Family Law and Divorce Law Blog

We work hard to stay up to date on the law and developments in Oregon family law and divorce law that may help our clients. Our firm maintains a policy of "information first" for the client, so we make every effort to share information with the public and clients. Our blog covers topics from the frequently asked questions (FAQs) that Oregon family law and divorce Attorneys encounter to news headlines that impact attorneys who help injured people. If there is a topic you would like to see covered, let us know, and we'll add it to our list of subject matter!

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Divorce

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Oregon Family Law

Family law is more than divorce. It is an umbrella of practice areas.

Spousal Support (Alimony)

A lot goes into figuring out spousal support. We've done it all before.

Child Relocation

Moving a child away from a parent is always difficult. Let us help with the law.

Child Custody

Custody is one of the most contested and least-understood parts of family law.

Uncontested Divorce

Sometimes there's no dispute, you just need somebody to draft the right documents.

Child Support

Oregon takes child support seriously, and we can help you navigate the process.

Child Custody Modification

Sometimes a change in circumstances warrants a change in custody.

Child Support Modification

Learn about when Oregon child support can be modified.

Unbundled Services

When there's only select things you need legal help with, we offer "unbundled" services.

Grandparent Rights

Grandparents and other third parties can develop rights to see children under Oregon law. Let's discuss your circumstances.

High Asset Divorce

More assets generally means more complicated divorces. We have the experience to assist with all levels of estate.

Legal Marital Separation

Sometimes divorce is not the right choice under certain circumstances. A legal separation might be.

Mediation

Mediation can be a great way to resolve disputes without a trial or courts.

Paternity

Becoming legally responsible as a father requires establishing paternity. We can help.

Prenuptial Agreements

Like estate planning, financial clairity prior to marriage builds trust. Let us assist with your plan.

Restraining Orders

Restraining orders provide a fast means to get help for domestic violence in families.

Spousal Support Modification

Times change, jobs change, circumstances change. Spousal support can too.

Stalking Orders

Oregon stalking orders are serious business. If you need help with Oregon stalking law, we have experience.

Divorce Settlement Agreements

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