Oregon Divorce Frequently Asked Questions
No information below should be relied upon as formal legal advice. These answers should not be used in place of a personal consultation with a qualified lawyer.
What is the statutory restraining order I have heard about during a divorce in Oregon?
The filing of a divorce Petition puts in place an immediate legal order freezing certain accounts, preventing cancellation of policies of insurance and prohibiting the changing of beneficiaries named in retirement accounts. This is called the “statutory restraining order.” This is not the same as a restraining order prohibiting one party from coming into contact with the other. The statutory restraining order applies equally to both parties. It is possible to obtain an order that prevents other actions during a divorce but that type of order can be taken only if your spouse is not represented by an attorney. Such an order is called an Ex Parte Temporary Restraining Order. This is one of the few potential benefits of being the first to file the divorce.
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