Feibleman Case Attorneys at Law - Family Law, Divorce, Estate Planning, Personal Injury, Alternative Dispute Resolution attorneys / lawyers in Oregon - Frequently Asked Questions about Separation:

Frequently Asked Questions about Separation:

The court is supposed to look to the intent of the parties when dividing property and that is based on the parties “agreement.” Although a written agreement is not necessary to prove intent, it is the best way. The court will then divide property based on what it finds to be the intent of the parties (i.e. the intent regarding joint property, the intent regarding the increase in value of separate property, etc.).

ORS 107.465 will require a motion, affidavit and order to show cause with at least 30 days prior service before a conversion from a Judgment of Separation can occur. This is only available if it is filed within 2 years of the separation. The statute provides that the court has the power within two years after the entry of a judgment of separation, upon motion of a party and after service of notice to the other party in the manner provided by law for service of summons, to convert the separation to a dissolution of marriage.

The Supplemental judgment of Divorce cannot “set aside, alter or modify any part of the judgment of separation that has created or granted rights which have vested." Support and custody can always be changed because those are rights that the court can always modify. However, if the divorce occurs more than 2 years after the separation the court can change the property division.

***Feibleman and Case P.C. provides the above information as a service to potential and current clients as well as continuing education to other lawyers. A person's accessing the information contained in this web site, is not considered as retaining Feibleman & Case P.C. for any case nor is it considered as providing legal advice. Feibleman and Case P.C. cannot guarantee the outcome of any case.