Legal Question in Family Law in Oregon

Yes, without completing the Kids Turn program, the judge will not sign the Judgment of Separation.

Also keep in mind that even though you "get what you want," it is not permanent. You and he will still be married to one another. Accordingly, he can file for divorce at any time, and when he does that, it's a whole new ball game. Whatever the court said in the Judgment of Separation is not binding on what the court can do in the dissolution proceeding.

Presumably (since it was a separation proceeding and not a divorce), both parties understood that they remain a married couple and that either party could, at any time after entry of the separation judgment (be it within or beyond two years therefrom) seek a dissolution of the marriage. And if and when dissolution is sought, it's a whole new ballgame. Whatever had been done and/or decided in connection with the proceeding for legal separation sets no precedent, limits or restrictions on the power and authority of the divorce court in the event of a subsequent dissolution proceeding.

In sum, at any time after entry of a judgment of separation, whether within two years from the entry of the separation judgment or thereafter, either party may commence an entirely separate and independent action seeking a general judgment of dissolution of marriage. ORS 107.465(2). Such a lawsuit is, in essence, a whole new ball game and is not affected by the terms and provisions of the previously rendered judgment of separation. And this is true even as to rights created or granted by the separation judgment that have vested. See Jones and Jones, 147 Or App 280, 936 P2d 372 (1997).

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office 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]