Oregon Divorce 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)

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)

J.V.B. v. Kevin Louis Burns

Petitioner obtained a temporary restraining order
against respondent pursuant to the Family Abuse Prevention
Act (FAPA), ORS 107.700 to 107.735. After a contested hearing,
the trial court continued the restraining order. On
appeal, respondent argues that the order was not supported
by legally sufficient evidence. We agree and reverse.
Neither party requests that we exercise... More...
   $0 (03-15-2017 - 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)

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)

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)

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)

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)

Providence Health System Oregon v. Joy M. Walker

2 In this workers' compensation proceeding, we are asked to resolve three
issues: (1) whether employer was obligated under ORS 656.262(7)(c)1 3 to reopen and
4 process claimant's omitted condition claims after an administrative law judge (ALJ) had
5 found the conditions compensable but while employer's appeal of the ALJ order was
6 pending; (2) if employer was so obligated, whether... 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)

Laurie Paul v. Providence Health System-Oregon

2 The issue in this case is whether a healthcare provider can be liable in
3 damages when the provider's negligence permitted the theft of its patients' personal
4 information, but the information was never used or viewed by the thief or any other
5 person. Plaintiffs claimed economic and noneconomic damages for financial injury and
6 emotional distress that they allegedly suffered... More...
   $0 (02-24-2012 - 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)

In the Matter of the Marriage of Michael A. Mauer and Neelu Kohli Maurer

1 DUNCAN, J.
2 At issue in this case is whether it is in the best interests of the children for
3 mother, their custodial parent, to relocate with the children from Oregon to California.
4 After multiple hearings on the matter, the trial court awarded mother custody and
5 accepted her proposed parenting plan, which allowed her to move to California with the
6 children. Father a... More...
   $0 (09-21-2011 - OR)

Michael A. Maurer v. Neelu Kohli Maurer

2 At issue in this case is whether it is in the best interests of the children for
3 mother, their custodial parent, to relocate with the children from Oregon to California.
4 After multiple hearings on the matter, the trial court awarded mother custody and
5 accepted her proposed parenting plan, which allowed her to move to California with the
6 children. Father appeals; he conten... More...
   $0 (09-21-2011 - OR)

Donald Alan Gagliardi v. Lawanda Johnette Gagliardi

Husband appeals from a judgment dissolving the parties' 15-year marriage, assigning error to the trial court's division of property and to the award of child support. We affirm.

We first address husband's contentions as to the property division. He advances arguments regarding the court's treatment of an automobile and of his disability benefits. Regarding the automobile, the general judgme... More...
   $0 (03-02-2011 - OR)

Frederick McIntire v. Jason Lang

Petitioners appeal from a judgment of the probate court declaring that respondent's claim against the estate of Heather McIntire is valid, imposing a constructive trust over the estate's assets for the purpose of securing payment of the claim, and authorizing the personal representative of the estate to partially pay the claim. Petitioners, who are two of McIntire's heirs, argue on appeal that res... More...    $0 (03-16-2011 - OR)

Estrelia Saldivar v. Ken Roberts

In this civil action alleging claims of fraud, misrepresentation, conversion, and unfair labor practices, plaintiff appeals an order of the trial court setting aside a general judgment and order of default on the ground of excusable neglect. ORCP 71 B(1)(a). Plaintiff contends that the undisputed facts do not support the conclusion that defendants' default was the result of excusable neglect. We r... More...    $0 (01-12-2011 - OR)

Michael V. Deming v. Debra Ann Deming

Wife appeals the trial court's dissolution judgment, assigning error to the court's spousal support award and property division. We reject her contentions concerning spousal support without discussion and write only to address wife's argument that, when dividing the parties' property, the trial court erred by valuing husband's retirement accounts (the "Retirement Income Plan" and the "Savings Plan... More...    $0 (01-19-2011 - OR)

Interstate Roofing, Inc. v. Springville Corporation

This case requires us to determine whether certain formalities must be satisfied for a limited judgment to be final and appealable. Specifically, the issues are: (1) whether either a limited judgment document, or the record more generally, must reflect an express determination by the circuit court that there is "no just reason for delay"; and (2) whether a limited judgment document, to finally di... More...    $0 (09-30-2009 - OR)

Marlena Osborne v. Gary Fadden and Susan Williams

Respondents(1) appeal a judgment entering two permanent stalking protective orders (SPOs), a money judgment, and an order certifying compliance with federal domestic violence firearm laws, 18 USC § 922(d)(8), (g)(8). On review, we conclude that the evidence is insufficient to support the entry of SPOs against either respondent, and, accordingly, we reverse.

We review the facts supporting ... More...
   $0 (01-28-2009 - OR)

Richard Wythe v. Bruce Harrell

In this legal malpractice case, plaintiff appeals after the trial court granted defendant's motion for summary judgment. Plaintiff contends that the trial court erred in granting summary judgment because there are genuine issues of material fact as to what advice plaintiff was given and whether he relied on that advice. We agree and therefore reverse and remand.

In reviewing a grant of su... More...
   $0 (12-10-2008 - OR)

Leslie Rose v. Board of Trustees for the Portland Fire & Policy Disability and Retirement Fund for the City of Portland, Oregon

This is a dispute about whether petitioner is entitled to "surviving spouse" benefits after the death of a disability and retirement fund member from whom she was divorced two years earlier. The trial court held that she is not entitled to the benefits, because the fund specifically defines a "surviving spouse" as one to whom a member was married for at least 12 months before the member's death... More...    $0 (09-26-2007 - OR)

State of Oregon v. Conrelius Key Davis

Criminal Law - Felony:

In this criminal case, defendant challenges his conviction for murder, ORS 163.115. He contends that the trial court erred in excluding certain statements that the victim made more than two months before her death. According to defendant, the statements supported his factual theory that the victim had committed suicide. (1) The trial court determined that the statements... More...    $0 (10-02-2003 - OR)

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AK Morlan
Kent Morlan, Esq.
Editor & Publisher
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