Legal Question in Family Law in Oregon

Oregon law, ORS 107.400, says as follows:

"At any time PRIOR TO ENTRY OF JUDGMENT, upon motion of a party and due notice to the other party in the manner provided by law for service of summons, the court may allow an amendment of pleadings to change the relief sought from annulment to dissolution or separation, from dissolution to annulment or separation, or from separation to annulment or dissolution."

However, AFTER entry of a final judgment of dissolution of marriage (the parties then no longer being married to one another), there is no basis for revert and convert the dissolution into a legal separation.

If the parties obtained a judgment for legal separation (without having obtaned a divorce), ORS 107. 460 makes the following provision:

"Within two years after the entry of a judgment of separation, either party may file a motion seeking to convert a judgment of separation into a judgment of dissolution of the marriage."

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884

Fax: 503-226-1321

E-mail: [email protected]

http://www.divorcesource.com/OR/pages/ldgorin.html