Glossary and Time Line for Modification

Prepare Documents	Prepare an Order to Show Cause with Supporting Affidavit. If child or spousal support is an issue, a Uniform Support Affidavit is also required at time of filing.
File Order To Show Cause	The attorney presents the Order to Show Cause to a judge for signing. This is usually done in person, but can be done by mail.
Set Hearing Date	The attorney calls the docket clerk to set a hearing date. The date must be sufficiently in advance to allow discovery, mediation, and evaluation.
Service	This is generally done by a sheriff or a process server. It is generally done routinely but sometimes can be difficult. Service typically is done by handing papers to the other side personally or by leaving them at home or office.
Temporary Status Quo Hearing	If the issue is custody or visitation, the court may issue a temporary order that keeps the parties and children in their present routine. 20 days advance notice is required before the hearing. The hearing is limited to whether the status quo order should be issued.
Mediation	In Multnomah, Washington, Columbia, Marion and Yamhill Counties, if custody or visitation is an issue, you must meet with a court appointed Mediator before having any contested hearing. Mediation is optional in Clackamas County.
Parenting Class	In Multnomah, Clackamas and Washington counties, it is a requirement that every parent in every case involving children attend a parenting class. In Clackamas county, you will attend one three and one-half hour class. In Multnomah county, you will attend one three hour class, and in Washington County, you will attend a series of four 90-minute workshops.
Discovery	This can happen at any time. The most usual forms of discovery are requests for documents and depositions. Depositions are opportunities for lawyers to ask questions under oath for the other party. Discovery must be completed prior to settlement or final hearing.
Evaluation	Experts may be required to evaluate claims for custody and visitation. Most experts need "lead time" in which to do an evaluation. Sometimes, intense negotiations and even court orders are required in order to secure an expert. For this reason, experts need to be hired early. Expert fees can be substantial, and are in addition to legal fees. Some counties have custody evaluators on staff.
Evaluation of Case	After discovery is completed, the case can be evaluated. Often, some issues can be independently evaluated; many times, the evaluation of one asset is dependent on the evaluation or disposition of something else. Lawyers will start with key "building blocks", e.g., who gets custody. After key "building blocks" are decided, other issues often can be resolved quickly.
Case Assignment	Each county has a different method of assigning cases to judges for trial. Sometimes, the assignment is not made until the late afternoon before the hearing.
Hearing	If one party disagrees with anything, a hearing is required. The only way to avoid a hearing is to have complete agreement on all issues. Many times, the parties agree on most issues and then have a hearing on a selected few issues. Hearings can be an hour or several days. Average time from filing to a hearing in modification cases is 4-7 months.
Ruling	A trial judge usually will make its ruling at the conclusion of the case in the courtroom. This is called a "bench ruling." The court has the power to "take the case under advisement" to think about it and to review the evidence. In these circumstances, the court likely will write a letter to the attorneys that sets out its ruling.
Settling and Filing Order	Drafting a judgment to reflect a court ruling often is difficult. Sometimes, a court hearing is required to approve the final order. The process may take as long as two months, and may require a transcript.
Appeal	If a party is dissatisfied with a judgment, an appeal can be taken within 30 days. Appeals are comparatively rare, are costly, and can take up to 14 months.
Alternative Dispute Resolution	This can occur at any time in an number of ways, including negotiation by letter and telephone, "face to face" settlement conferences, judicial settlement conferences, referral to a private mediator, referral to a privately retained evaluator or appraiser, etc. The idea is to settle the case without courtroom litigation.