The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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When any change to a divorce judgment is needed, a request must be made to the court in order for the change to be legally enforceable. Modifications require a reason and supporting evidence in order for the court to determine that a change is merited.
The court will reopen the case if there are substantial assets found. The assets can belong to one or both parties. For the case to be reopened, the assets must have existed when the judgment was made and were not found until after the judgment.
When any change to a divorce judgment is needed, a request must be made to the court in order for the change to be legally enforceable. Modifications require a reason and supporting evidence in order for the court to determine that a change is merited.
Either ex-spouse can ask the court to modify the order if there is an unexpected change in either spouse's situation. This is called a "change in circumstances." The spousal support order can be increased, lowered, extended, or ended. Legal papers should be filed before the original spousal support order ends.
Sole custody in Oregon means that the parent who has custody makes all major decisions regarding the child. These may include the child's religious and educational training, health care and where the child's lives. Usually a custodial parent has a majority of the parenting time with a child.
In both Washington and Oregon, a child can only choose which parent they'd like to live with when they turn 18 or are otherwise emancipated. Minor children are not considered capable of making such decisions for themselves and are not permitted to ?choose? living with one parent over another.
A modification case is started by filing a motion and affidavit citing the facts you claim are a substantial change in circumstances. You are required to sign the affidavit under oath. The former spouse or other parent is not required to file any response to the motion.
