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.
Is there any way to get help from the court while the divorce is pending?
Temporary support during Oregon divorces is often sought by spouses who do not have the means to fully support themselves or their children while a divorce is pending in the court. A spouse cannot be forced to pay money or to take other desired action unless there is a court case pending. This means that a divorce case must be filed to obtain an order that requires your spouse to take specific action.
We can ask the court to order spousal support for you and/or the children, award you exclusive use of your vehicle and home, or provide various other forms of relief all while the case is pending. This is referred to as pendente lite support. Keep in mind that the first step is to ask. Your spouse has an opportunity to object to your requests. A hearing will be held in the event that you and your spouse cannot reach an agreement about how to handle issues while the divorce is pending. The court will then hear your evidence and make its decision on the temporary matters.
Voluntary support payments can set a precedent with both your spouse and the court. Complete non-payment can look bad to a judge since it gives the appearance of financially leveraging a situation while putting a spouse or children into a hardship situation. Paying too much might be looked upon by a judge as the “reasonable” amount in your case, even if it was overly generous in the first place. Talk to us about what is reasonable in your situation.