While the Divorce is Pending
by: Legal Aid Services of Oregon
CONTENTS
Can I move out of state while waiting for my divorce to be finished?
Will I be able to get a temporary custody order?
Is there a way to decide child support and who stays in the family home while the divorce is pending?
Do I have to see or talk with my spouse or his attorney while the divorce is pending?
Can I move out of state while waiting for my divorce to be finished?
Yes. But you can't take your children out of state if your spouse got a court order to keep you from doing this. Also, if you have moved out of state you probably will have to return for any divorce hearings.
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Will I be able to get a temporary custody order?
Maybe. There could be a court hearing about the custody arrangements while the case is pending. In court, you and your spouse would have a chance to prove which temporary custody arrangement would be best for the children. Many times, the parent who is given a temporary custody order also is given custody in the final judgment.
But temporary custody orders may not be easy to get. Judges want to give parents time to try to work out an agreement about the children, and do not want to give one parent the advantage of a temporary custody order while these discussions are taking place. Often these judges will issue a "protective" or "status quo" order at the beginning of a divorce case. This protective order keeps the child's situation the same as it was at the time the divorce case started (same home, school, child care schedule, same amount of contact with the other parent, etc.). With a protective order, there usually isn't a custody hearing until the time of the final divorce judgment. Both parents are usually ordered to keep the child in Oregon unless the other parent agrees in writing to the travel or move.
Sometimes judges grant temporary custody without a hearing, if there is proof that the child is in immediate physical danger or is likely to be taken from the state. If you get an emergency custody order without a hearing, the other parent will be given a chance to present his or her side soon afterwards.
If you have been physically abused or threatened by your spouse in the last six months, you may be able to obtain a temporary custody order as part of a Family Abuse Prevention Act restraining order, even if a divorce is pending. See Questions 6 through 8 for more information about restraining orders.
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Is there a way to decide child support and who stays in the family home while the divorce is pending?
Yes. You and your spouse can agree on these issues. But to require one spouse to pay support or move out of the home, you will need to go to court and get a court order. You can often get a court hearing about temporary child support more quickly than a hearing about temporary custody.
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Do I have to see or talk with my spouse or his attorney while the divorce is pending?
It is up to you how and whether to have contact with your spouse. If you believe you can settle some or all of your divorce case, it might be a good idea to talk with your spouse. If you are afraid of your spouse or if a restraining order or stalking protective order is in effect, contact with your spouse may be dangerous (or even unlawful for the spouse restrained by the court order). Also, If you and your spouse both have attorneys, your spouse's attorney must talk with your attorney, not with you.
If you don't have an attorney but your spouse does, the attorney might contact you to attempt to get information or settle the case. You might also receive a notice for a deposition (answering questions under oath in the attorney's office) or a request to produce documents (such as tax returns, pay stubs, etc.). You may want to talk with an attorney if you get any legal papers like these.
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