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William Francis

William Francis’s Legal Guides

21 total

  • Grounds for Divorce

    In 1971, Oregon enacted legislation providing that the court may grant a judgment of dissolution of marriage, or an unlimited or permanent separation, when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. No other ground...

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  • Unmarried Couples

    Oregon law provides for situations in which the parents of a child are unmarried. If paternity has been established, the court will apply the same standards that are used in cases involving married parents in making decisions on custody, parenting time and child support. If...

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  • Legal Separation

    Occasionally, a spouse will ask the court to grant a legal separation rather than a divorce. In a separation, the parties live essentially as single persons for as long as the separation remains in effect, but they have the option of reconciling and recovering their legal stat...

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  • Getting Started

    Residence Requirements Unless the marriage took place in Oregon, at least one spouse must have lived in Oregon for six months before a petition may be filed with the court. At least one party must live in the county in which the case is filed. Starting the Proceedings Your...

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  • What to Do When You're Served with Divorce Papers in Oregon

    Responsive Pleadings The respondent will have 30 days from the date service is made to file a responsive pleading. This may be a response, with or without counterclaims, or a motion. Default If you're the respondent and you fail to file a responsive pleading within the ti...

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  • Waiting Periods and Your Divorce (Oregon)

    Changes in the law that became effective in 1999 did away with waiting periods. In the past, except in unusual cases, no divorce would be granted until at least 90 days after the date responding party was served. Now, if both parties agree to a settlement and are willing to si...

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  • Custody

    Oregon law directs the court to consider the following factors (among others) when deciding which parent should be given custody of children: (a) the emotional ties between the child and other family members; (b) the interest of the parent in the child and the parents att...

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  • In Oregon, "Joint Custody" Is Not What You Think It Is

    In Oregon, the court must award joint custody if both parties request it. Likewise, the court cannot order joint custody if one parent objects to it. A joint custody arrangement cannot work if the parents are unwilling or unable to communicate and cooperate with each other. T...

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  • Physical Custody and Parenting Plans (Visitation)

    The 1997 legislature, in response to recommendations by the Oregon Family Law Task Force, adopted several laws and policies regarding parenting time. The courts and parents are now required to develop a comprehensive parenting plan. This approach was intended to encourage both...

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  • Interstate Custody Disputes

    Interstate Custody Dispute It is not unusual when families break up for one parent to move to another state with the children, or to move away and leave the children. Over the past few decades, the courts, state legislatures and commissions have developed uniform state laws tha...

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