Lorena M Reynolds's Answers

Can I get annulment instead of divorce in the state of Oregon because my wife refuses to have sex with me

You cannot get an annulment in Oregon under this fact pattern. The only grounds for annulment are found in ORS 107.015. One party had to be incapable of contracting or consenting to marriage or have entered the marriage as the result of force or fraud. Annulments are very unusual in Oregon. Additionally, there are not many difference betweeen an annulment and a divorce since all of the remedies available in a divorce, including support and division of property, are available in an annulment....

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Removing fathers perental rights

In Oregon, you can only termnate a legal parent's rights by a private action if you have someone else willing to step in to adopt him. You can do a step-parent adoption without the consent of the legal parent whose rights are being terminated if you meet certain criteria. In this fact pattern, there are two options. ORS 109.322 provides for an adoption without consent if the parent is in prison for not less than three years and has actually served three years. If this does not apply, then...

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OREGON Divorce- I just got a divorce. The judge said I had to pay part of my wifes student loans. Can I fight this

The only remedy you have once the Court has issued a judgment is to appeal it within 30-days. The law surrounding student loans is unsettled and I have seen Courts go both ways on how to handle them. It seems to depend on whether the student loans were also being used to support the household or just for tuition, as well as the overall distribution of assets and debts.

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Husband and wife live in TN, divorce pending, is it possible for the husband to move to OR with child without wife's persmission

This fact pattern is more complex than it first appears. In Oregon, there is a requirement that you would probably not meet the residence/domicile requirement to file right away. If you have only been in Tennessee for 5 months, then there is an open question about which court has UCCJEA jurisdiction to determine custody of the child. Additionally, you did not provide enough information about what court orders are in effect in Tennessee so it is difficult to assess whether you can leave the...

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Winter break???

The "school system where the child resides" is a commonly used expression. I have always seen it interpreted to mean that the calendar for the local the public school system governs the parenting time schedule.

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Can a parent terminate his or her parental rights under OR family laws

There are a number of reasons why the answer here is, "Probably not." First, you cannot terminate someone's parental rights using a private right of action unless there is someone else willing to take over as as second parent in an adoption proceeding. Even if you had someone who could step in, you can only terminate without his consent if you can prove he has abandoned or deserted the child or if he has been in prison for more than three years. Under some circumstances, substantial mental...

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OR state child custody laws, spouse is being transferred to another state because of work procedure to change child custody

A number of remedies would be available to your ex-spouse if you move in violation of the court order. Among them are: Parenting Time Enforcement proceedings (if the move interfers with the parenting time plan); remedial Contempt of Court proceedings (for violating the court order); and Modifiation of Custody proceedings (because this would undoubtedly be a move that constitutes a change of circumstance and because this is an optional remedy under the Parenting Time Enforcement action). The...

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In OR, Ex seeking reimbursement of attorney's fees in custody case

It has been my experience that if you are cooperative with the legal process and do not take unreasonable positions, it is very unlikely you will end up paying the other party's attorney fees. I think it is a good idea to be making frequent, reasonable settlement offers in writing in order to later show that you were trying to resolve the matter with the least expense to both parties. A settlement conference is a good idea as well.

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What is the process in OR of getting child support payments to start being sent to the over-18-year-old children?

Assuming the correct court order is in place with the correct language, then this can be handled by contacting Oregon's Child Support Program. They have a helpful website with information that should help you. Generally, the system is set up to be used without an attorney. It may be a bit time consuming to navigate the website or to wait on hold to talk with someone who can help, but the process is not complex.