Legal Question in Family Law in Oregon

Re: Divorce decree

QUESTION:

Can an ex-spouse go in and change a court ordered divorce decree?

ANSWER: Yes, sometimes. It depends on the nature of the change requested and the timing of when the request is made. In any event, no change ("modification") can legally occur until and unless the adverse (i.e., non-requesting) party to the lawsuit has been properly and legally served with notice of the requested change and has been given adequate and reasonable opportunity it be heard by the court in objection or opposition to the relief (the change) being sought by the moving party.

QUESTION:

Does that mean she can go in again without my knowledge and change it again?

ANSWER:

See above. But the question is not whether she did this without your KNOWLEDGE. Rather, question is whether she did this without giving you proper and legal NOTICE. (Sometimes a person is given "notice" of something but does not fully understand --- and therefore is without "knowledge" --- as to what is going on. In the eyes of the law, being put on "notice" (whichis required) is not the same as having "knowledge" (which is not required).

In any event, proper legal analysis and evaluation of your case would necessairly involve having a lawyer exam the actual records of the court in order to determine exactly what occurred and how it happened.

Give me a call should you with to proceed.

LAWRENCE D. GORIN

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

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]