Oregon Dissolution of Marriage Law
 

In the Matter of the Mariage of Jason James Gist and Jodie Anne Gist


Grants Pass, Oregon family law lawyers represented the parties in a divorce.



In this domestic relations proceeding, father appeals from a judgment awarding mother sole legal custody of their two minor children arising out of his motion to modify a previous custody judgment. Advancing seven assignments of error, father argues the trial court erred by (1) isolating one fa... More...
   $0 (11-20-2024 - OR)

A.N.A. v. Justin Travis Alexander


Oregon City, Oregon family law lawyers represented the parties in a Family Abuse Prevention Act (FAPA), action.


Petitioner sought a restraining order against respondent under ORS 107.700 to ORS 107.735. After an ex parte hearing, the trial court issued a temporary restraining order. See ORS 107.718 (describing ex parte procedure). On respondent's objection, however, the tria... More...
   $0 (11-27-2024 - OR)

Robert Law v. Ronald Zemp

Oregon Supreme Court Building - Eugene, Oregon

This review proceeding arises out of a post-judgment
order charging a judgment debtor’s interests in four limited
partnerships and a limited liability company to satisfy the
judgment creditor’s judgment against him. The charging
order was issued over the limited partnerships’ and limited
liability company’s objections that ancillary provisions
included in the charging order... More...
   $0 (01-11-2018 - OR)

Brenda M. Diedrich v. Nancy A. Berryhill

Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Brenda M. Diedrich appeals the district court’s order affirming the Commissioner of Social Security’s (the “Commissioner”) denial of Diedrich’s application for Social Security Disability Insurance (“SSDI”) benefits under Title II of the Social Security Act. The Commissioner determined that Diedrich had become disabled, but an Administrative Law Judge (“ALJ”) found that her disability did not begin... More...    $0 (10-27-2017 - OR)

In the Matter of the Marriage of Cynthia R. SKINNER

Wife appeals a general judgment of dissolution,
raising two assignments of error. In her first assignment
of error, wife argues that the trial court erred in its award
of spousal maintenance support; wife raises two arguments
concerning the amount and timing of the award. In
her second assignment of error, wife argues that the trial
court erred in setting child support base... More...
   $0 (06-01-2017 - OR)

In the Matter of the Marriage of John N. Hoffman and Marlees Ravenscroft Hoffman

Wife appeals from a dissolution of marriage judgment,
assigning error to the trial court’s custody and spousal
support determinations, as well as the court’s award of
attorney fees to husband. We affirm the custody and spousal
support awards without further discussion. We write only to
address the attorney fee issue, and vacate and remand.
The relevant facts are mostly proc... More...
   $0 (05-24-2017 - OR)

Lillian Figueroa v. BNSF Railroad Company

Oregon requires that foreign corporations doing
business in this state appoint a registered agent to receive
service of process. ORS 60.731(1).1 The primary question
that this case presents is whether, by appointing a registered
agent in Oregon, defendant (a foreign corporation)
impliedly consented to general jurisdiction here—that is,
whether defendant consented to have Or... More...
   $0 (03-02-2017 - OR)

Hamlin v. PERB

Petitioner Karen Hamlin is a public employee with a retirement account in the Public Employees Retirement System (PERS). When petitioner and her ex-husband divorced, the dissolution court ordered petitioner’s PERS account divided between petitioner and her husband. However, neither petitioner nor her ex-husband ever gave PERS the paperwork it required in order to divide the account, so PERS did no... More...    $0 (09-29-2015 - OR)

State Of Oregon v. Ashkins

Defendant was charged with first-degree rape, sodomy, and unlawful sexual penetration against his stepdaughter, CS, beginning when CS was approximately 12 years old. The indictment alleged that the crimes occurred between January 1, 2007, and March 23, 2010. The pertinent
1 As the source of his argument, defendant primarily relies on Article I, section 11, of the Oregon Constitution, which p... More...
   $0 (09-16-2015 - OR)

In the Matter of the Marriage of Debbie L. Find nka Debbie L. Thomason and Scott Fine

Husband appeals a general judgment of dissolution, seeking a modification of the property division and spousal support award. He asserts that the trial court erred when it (1) miscalculated the amount of money that wife withdrew from the parties’ joint bank accounts, and failed to account for that amount in the property division; (2) failed to account, in the property division, for $165,000 worth ... More...    $0 (07-15-2015 - OR)

Gayle A. Sternberg v. Bradley Lechman-SU

In this action for legal malpractice, the trial court
dismissed plaintiff’s third amended complaint for failure to
state a claim, ORCP 21 A(8), and on the ground that the
complaint showed that the action was not commenced within
the time limited by statute, ORCP 21 A(9). On appeal, plaintiff
challenges those rulings in her first and second assignments
of error. We conclud... More...
   $0 (05-28-2015 - OR)

In the Matter of the Marriage of Linda Sue Hostetler nka Linda Sue Miller and Ronald Jay Hostetler

Husband appeals from a dissolution judgment,
assigning error to the trial court’s property division and its
denial of his request for attorney fees. With respect to the
property division, husband argues that the trial court erred
by failing to give him one half of the marital asset portion of
wife’s retirement accounts and by assigning all of the marital
debt to him. We... More...
   $0 (02-25-2015 - OR)

Denis Hickey v. Andrew J. Hickey

Andrew Hickey (Andy) and H & H Cattle Feeders,
Inc. (H & H) appeal a general judgment, challenging two
remedies ordered by the trial court under ORS 60.952 upon
its finding that Andy had engaged in self-dealing between
Hickey Ranches, Inc. (HRI), a closely held family corporation,
and H & H, a company that Andy wholly owned.1 Denis
Hickey (Denis), Andy’s brother and a min... More...
   $0 (02-25-2015 - OR)

In the Matter of the Marriage of Morgan

Wife appeals a judgment of dissolution, challenging
the trial court’s division of the parties’ property, spousal
support award to her, and determination of child support.
She contends that the property division was inequitable
because the trial court based its decision on erroneous findings
of fact and awarded husband too great a share of the
parties’ marital property... More...
   $0 (02-11-2015 - OR)

Gordon J. Zielinski v. State of Oregon

In this declaratory judgment action, plaintiffs seek
to compel the state to construct a railroad crossing on their
property according to the terms of a 1906 deed. The trial
court granted plaintiffs’ motion for summary judgment.
Because we agree with the state that plaintiffs’ claim is
untimely, we reverse and remand.
This case concerns a parcel of real property located<... More...
   $0 (02-11-2015 - OR)

V.L.M. v. Kevin Lee Miley

2 Respondent appeals from a judgment entering a permanent stalking
3 protective order (SPO) against him. He contests the sufficiency of the evidence
supporting the SPO.1 4 Because this is not an "exceptional case" warranting de novo
5 review, we review the trial court's factual findings for "any evidence" and its legal
6 conclusions for errors of law. Travis v. Strubel, 238 Or App ... More...
   $0 (08-13-2014 - OR)

Steve Munson v. Bill Fraser

Vacated, in part, and remanded for proceedings consistent with this opinion.
1
1 SERCOMBE, J.
2 This appeal arises from an action in which plaintiffs--common shareholders
3 of Vulcan Power Company (Vulcan), a Colorado corporation in the business of
4 developing geothermal power projects with its principal place of business located in
Oregon15 --brought claims against Vulcan... More...
   $0 (08-13-2014 - OR)

Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla... More...
   $0 (08-13-2014 - OR)

In the Matter of the Marriage of Steven Allan Chase and Cathy Lynn Chase

2 Father seeks review of a judgment for unpaid past child support (the
3 arrearage judgment). In the judgment document, the circuit court imposed judgment for
4 the unpaid installments and accrued interest on each installment, and -- pursuant to ORS
5 82.010(2)(c) -- postjudgment interest on both the amount of the unpaid installments and
6 the accrued interest. Father appealed, and... More...
   $0 (02-13-2014 - OR)

Donna Burgdorf v. Brian K. Weston

2 This civil case arises out of an ownership dispute concerning a piece of real
3 property, which plaintiff and defendant each assert that they own, and exchanges of
4 money between the parties. Plaintiff appeals from a limited judgment entered by the trial
5 court after the court granted defendant's motion for summary judgment on plaintiff's
6 claims for declaratory relief, fraud,... More...
   $0 (12-11-2013 - OR)

In the Matter of JAMIE LELOFF, Petitioner-Respondent, and JUSTIN FONG, Respondent-Appellant.

1 ORTEGA, P. J.
2 Father appeals a judgment establishing custody, parenting time, and child
3 support for the parties' minor child. On appeal, father asserts that the trial court erred in
4 ordering that child support should commence from the date that the parties separated
5 because the petition was filed pursuant to ORS 109.103 and the court, therefore, did not
6 have authori... More...
   $0 (11-20-2013 - OR)

Barbara Gilmore v. Melvin Ambrose

2 Father in this dissolution case appeals a supplemental judgment modifying
3 child support. ORS 107.135(1)(a). The trial court, in that judgment, ordered mother to
4 pay child support in the amount of $327 per month. Father asserts that the trial court
5 improperly failed to "impute income to mother in an amount consistent with that monthly
6 income she voluntarily left." In parti... More...
   $0 (10-09-2013 - OR)

Bart G. Brandrup v. Recontruct Company, N.A.

These cases come before this court on four certified questions of law from 2 the United States District Court for the District of Oregon. See Brandrup v. ReconTrust 3 Co., 352 Or 320, 287 P3d 423 (2012) (accepting certified questions); ORS 28.200 to 4 28.255 (providing procedure for certifying questions to the Oregon Supreme Court and 5 authorizing court to answer certified questions). The questio... More...    $0 (06-06-2013 - OR)

Gregory Miller v. Gloria Ann Jones

Plaintiffs Allen and Kathy Worth and defendant
Jones are owners of adjacent properties.1 Plaintiffs
brought an action for declaratory relief against defendant,
seeking (1) a declaration that a 1999 agreement between
plaintiffs’ predecessors-in-interest (the Hopkinses) and
defendant’s predecessors-in-interest (the Busbys) created
an appurtenant easement granting plaintif... More...
   $0 (04-24-2013 - OR)

In the Matter of the Marriage of James R. Herald vn Dixie L. Steadman

Husband appeals from a judgment of dissolution
of marriage, arguing that the court erred in dividing
the parties’ retirement benefits, and, specifically, in its
treatment of wife’s federal Civil Service Retirement System
(CSRS) benefits. In particular, husband asserts that the
trial court’s apportionment methodology (described in
detail below) violated 42 USC section ... More...
   $0 (04-24-2013 - OR)

Philip Kaptur v. Loreen Kaptur

2 Wife appeals a dissolution judgment, challenging the trial court's property
3 division. In particular, wife quarrels with two components of the trial court's property
4 division. First, wife contends that the equalizing payment included in the judgment was
5 too large based on the trial court's incorrect "finding that the parties had a $33,600 debt
6 on their home." Wife also ass... More...
   $0 (05-15-2013 - OR)

Jennifer Rene McMurchie v. Donald Edward McMurchie, III

2 Mother appeals the trial court's supplemental judgment modifying child
3 support; she asserts that the amount of child support the trial court ordered father to pay is
4 too low. Father cross-appeals; he asserts that the amount is too high. Both parties
contend that the trial court erred in calculating father's presumed income.1 5 In addition,
6 mother contends that, even if the ... More...
   $0 (05-22-2013 - OR)

General Bell v. Tri-County Republican Transportation District of Oregon

2 The question in this case is whether plaintiff's survival action against a
3 public body must be brought within two years or three years of the alleged injury. Either
4 of two statutes supplies the answer. On the one hand, ORS 30.275(9) provides that,
5 "notwithstanding any other * * * statute providing a limitation on the commencement of
6 an action," a tort action against a pub... More...
   $0 (05-16-2013 - OR)

In the Matter of the Marriage of Lisa Matar and Azzam Harake

WALTERS, J.
In this domestic relations case, we decide that, pursuant to ORS 107.1041 2
and ORS 107.135(15),2 3 a court may enforce an agreement between parents not to seek
4 modification of the child support terms of a stipulated judgment of dissolution unless to
5 do so would violate the law or contravene public policy. We also decide that, in this
6 case, father did not demo... More...
   $0 (04-18-2013 - OR)

In the Matter of J.R.T.

This case involves visitation rights awarded under
ORS 109.119 to a nonparent of a minor child.1 In 2007,
petitioner, by a default judgment, obtained visitation rights
with respect to the child. Respondent, the child’s mother,
later moved to set aside the default judgment pursuant to
ORCP 71 B, and the trial court denied that motion. The
relationship between the parties w... More...
   $0 (01-30-2013 - OR)

William Lee Malpass v. Emily F. Malpass

2 Wife appeals a judgment dissolving the parties' marriage, raising two
assignments of error.1 3 First, she contends that the trial court erred in awarding husband,
4 the noncustodial parent, the right to claim tax exemptions for their dependent children or,
5 alternatively, that the court erred in failing to consider and make findings regarding the
6 effect of that award on husban... More...
   $0 (02-13-2013 - OR)

Robert M. Underwood v. Crystal D. Mallory

2 Mother appeals a denial of her motion to modify an award of custody of her
3 child, M, from her father and stepmother (grandparents) to her. She asserts that the trial
4 court erroneously applied ORS 109.119(2)(c) to this proceeding or, alternatively, if the
5 court properly applied ORS 109.119(2)(c), that statute is unconstitutional as applied to
this circumstance.1 6 She furthe... More...
   $0 (02-13-2013 - OR)

Cynthia R. Morton v. Ronald E. Morton

2 Husband appeals a judgment of dissolution, challenging the trial court's
3 spousal support award to wife and its division of the parties' property and debts. We
4 reject his challenge to the spousal support award without discussion and write only to
5 address the division of the property and debts. We conclude that the trial court acted
6 within its discretion in making the divis... More...
   $0 (09-26-2012 - OR)

In the Matter of the Marriage of Thomas Patrick Fay v. Jody Lynn Fay

2 Husband appeals a dissolution judgment, challenging the trial court's
3 property division and decision to award wife a portion of her attorney fees. Husband
4 contends that the court unjustly required him to pay certain debts without giving him a
5 balancing award of other property. He also argues that the court improperly awarded
6 attorney fees without giving him an adequate op... More...
   $0 (07-25-2012 - OR)

Blair Elgin Bailey v. Kathy G. Bailey

On appeal, reversed and remanded for entry of judgment (1) awarding wife transitional
support of $1,500 and maintenance support of $5,500 for 18 months, so that the total
spousal support award for that period will be $7,000 per month; (2) for the next six years,
the maintenance support award shall be $6,000 per month; and (3) thereafter, the
maintenance support award shall be $4,00... More...
   $0 (02-23-2012 - OR)

Annette M. Kirkpatrick v. David S. Kirkpatrick

2 Mother appeals a supplemental judgment that changed custody of the
3 parties' three sons from mother to father. Mother first argues that father failed to prove a
4 change in circumstances that was substantial enough to warrant a change in custody. In
5 the alternative, she argues that the trial court erred in concluding that a change of custody
6 was in the children's best intere... More...
   $0 (03-07-2012 - OR)

Mack A. Woods v. Cary D. Hill

2 This action for legal malpractice is the epilogue to what this court
previously has described as a series of "[p]rocedural misadventures."1
3 Defendant, an
4 attorney, represented plaintiff in connection with the dissolution of plaintiff's marriage.
5 The dissolution case was referred to court-annexed arbitration. Defendant then stipulated
6 to "binding" arbitration with the... More...
   $0 (03-07-2012 - OR)

Adele Janice Hanscam v. Steve Eugene Hanscam

2 Wife appeals from a general judgment dissolving the parties' marriage. She
3 challenges the trial court's division of the parties' property, in particular, a rental house
4 (the Cedar Street property); husband's accounting practice (the CPA practice); husband's
5 interest in a family partnership, Hanscam Properties Limited Partnership (HPLP); and a
6 1972 Porsche car. She argues ... More...
   $0 (12-14-2011 - OR)

Donald Welton Loomis v. Claudia Clara Loomis

2 Husband appeals a dissolution judgment, challenging the trial court's
3 division of marital property. Husband argues that the trial court erred when it failed to
4 award him 50 percent of the marital property and, further, that the division of the marital
5 property was not just and proper. The disputed marital property includes real property
and annuities. On de novo review, ORS... More...
   $0 (12-14-2011 - OR)

Michael Coleman Hammond v. Jerry James Hammond

2 Acy Dean Hammond, who died in October 2001, had three sons: petitioner
3 Michael Hammond, and respondents Sherman Hammond and Jerome "Jerry James"
4 Hammond. This case relates to the sons' disagreement about which of them now own
5 certain real property in Jackson County that Acy owned while she was alive. The dispute
6 arose because of a disparity in terms between (1) a 1985 dee... More...
   $0 (12-07-2011 - OR)

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