Category: Legal Developments
New Case Law: Custody and Adolescent Angst
On October 17, 2007, the Oregon Court of Appeals decided an interesting child custody modification issue in Connelly and Connelly, ____ Or App ____ (2007). When a custodial parent faces adolescent behavior problems, can he…
New Case Law: A promise is a promise
Last month, the Oregon Court of Appeals ruled an agreement to settle a case was binding under a very unusual set of circumstances. John and Diane Baldwin divorced in 1993. As part of the divorce,…
New Case Law: Satisfying the original purpose behind support, Part II
In a case decided the same day as Cheever, discussed below, the Court of Appeals determined that a support order should not be terminated — even after the remarriage of an ex-spouse — where the…
New Case Law: Satisfying the original purpose behind support, Part I
Very often people expect that there is one hard-and-fast formula that courts apply to awarding spousal support in every case. While there are statutes that outline the factors that a court should look at when…
Common Divorce Myth: Courts Always Keep Kids Together
There is a fair amount of truth to this myth, actually. Placement of children in a dissolution action (and in any custody proceeding) is based on the “best interest of the child,” and often keeping…
To sell or not to sell?
In 2003, the Oregon legislature passed a bill that automatically prevents parties in a dissolution of marriage case from engaging in certain activities once the case is filed, for the petitioner, or after service of…
New Case Law: Spousal support and a well-drafted judgment
In Oregon, the court may award three different types of spousal support, depending on the facts of a case. The court can award transitional support to allow a spouse to obtain education or re-enter the…
New Case Law: Owning real property with parents
It’s not uncommon for married couples to own property in conjunction with the husband or wife’s parents. Sometimes the property is titled in the name of the parents and the child going through the divorce,…
New Case Law: Honesty is the best policy
In Oregon, when going through any sort of support proceeding (child or spousal), the parties are required to complete what’s known as the USA, short for Uniform Support Affidavit. Completing this can be about as…
News: Oregon Senate Approves Domestic Partnerships Bill
Today the Oregon Senate approved a bill granting same-sex couples rights similar to those of married couples. (The Oregon House already approved the bill, titled House Bill 2007.) Governor Kulongoski is expected to sign the…
