Public Cases

Gevurtz Menashe lawyers don't just practice the law. Because of our deep roots in Oregon's legal community, we've had an active hand in creating and shaping the principles of family law in Oregon for over 30 years. Several of our lawyers have served on the Governor's Task Force on Family Law and the State Family Law Advisory Committee. We propose new laws to the Oregon Legislature, and we regularly appear and testify regarding different laws proposed to be enacted. In addition, Gevurtz Menashe lawyers have handled many of the most important Oregon Court of Appeals and Supreme Court family law cases of the last 30 years.  Below is a sampling of cases handled by a Gevurtz Menashe lawyer and a brief summary of the impact each case has had on the state of the law.


Bidwell and Bidwell, 170 Or App 239, 12 P3d 76 (2000)

Bidwell v. Baker, 193 Or App 657, 91 P3d 793 (2004)
Upholding an $18 million property judgment based on the value assigned to the husband's business; preserving the same judgment against a later claim that it was compromised in settlement negotiations.

Cheever and Halperin, 213 Or App 441, 162 P3d 287 (2007) Determining the conditions under which terminated spousal support payments would be reinstated following the dissolution of a second marriage.

Dahl and Angle, 222 Or App 572, 194 P3d 834 (2009) Determining the disposition of cryogenically preserved human embryos upon the parents' divorce.

Fenimore v. Smith, 145 Or App 501, 930 P2d 892 (1996) Obtaining custody for a stepparent, as opposed to the child's surviving parent, following the death of the stepparent's spouse.

Finear and Finear, 240 Or App 755, 247 P3d 1238, rev allowed (2011) Finding that property inherited by intestate succession and kept separate by the inheriting spouse need not be shared with the other spouse upon divorce.  (The Oregon Supreme Court has granted review.)

Hebert and Hebert, 52 Or App 677, 629 P2d 419 (1981) Establishing that a spouse need not wait an indefinite and uncertain time before receiving a share of the marital property.

Heinonen and Heinonen, 171 Or App 37, 14 P3d 96 (2000) Setting limits on the authority of a parenting time coordinator.

Hendgen and Hendgen, 242 Or App 242, 255 P3d 551 (2011) Refusing to base an award of spousal support upon speculation about the husband's future income.

Herinckx and Matejsek, 231 Or App 50, 218 P3d 137 (2009) Denying one parent's request to move a child out of state, where the evidence did not establish that the proposed move would be in the child's best interests.

Himler v. Katter, 220 Or App 411, 186 P3d 287 (2008) Upholding a $375,000 property division judgment upon dissolution of a common-law domestic partnership.

Isham and Isham, 139 Or App 433, 912 P2d 925 (1996) Holding that a ranch inherited during the marriage, even though it had been commingled, need not be equally divided upon dissolution.

Kneefel v. McLaughlin, 187 Or App 1, 67 P3d 987 (2003) Preserving non-parent visitation against a constitutional challenge.

Kollman and Kollman, 195 Or App 108, 96 P3d 884 (2003) Establishing that voting rights in stock were discrete marital assets, subject to equitable division during a dissolution case, and that maintenance of each spouse's voting rights in his or her own stock was equitable.

Kunze and Kunze, 337 Or 122, 92 P3d 100 (2004) Leading Oregon case defining the rules for dividing separately acquired property upon divorce.                       
Leckie v. Voorhies, 128 Or App 289, 875 P2d 521 (1994) Confirming that paternal rights are waived under Oregon law when conception occurs by donor insemination, and limiting the holding of prior case law that held the statute to be unconstitutional.

Mallorie and Mallorie, 200 Or App 204, 113 P3d 924 (2005) Obtaining indefinite spousal support; treating one party's claimed pre-marital property as joint property of the marriage and awarding half of it to the other party.

Martinez v. Kulongoski, 220 Or App 142, 185 P3d 498 (2008) Determining whether the "defense of marriage" measure adopted at the 2004 general election was an amendment or a revision of the Oregon Constitution; determining whether the measure violated the constitutional "separate vote" requirement for amendments.

McGinley and McGinley, 172 Or App 717, 19 P3d 954 (2001) Upholding the constitutionality of Oregon statutes requiring support for a "child attending school" between the ages of 18 and 21.

McInnis and McInnis, 199 Or App 223, 11 P3d 639 (2005) Upholding a waiver of modification rights that made a spousal support obligation non-modifiable by either party.

Norton v. Macdonald, 194 Or App 174, 93 P3d 804 (2004) Denying an award of past child support when the mother delayed asking for it until the child was an adult.

Proctor and Proctor, 203 Or App 499, 125 P3d 801(2005) (Proctor I)

Proctor and Proctor, 234 Or App 722, 229 P3d 635 (2010) (Proctor III)
Applying Oregon's Kunze case and a California premarital agreement to determine the division of marital property in a complex case.

Shofner and Shofner, 147 Or App 1, 934 P2d 641 (1997) Obtaining visitation for a stepparent following the dissolution of a marriage to one of the child's parents.

Slater and Slater, 240 Or App 30, 245 P3d 676 (2010) Establishing that the value of a personal services business upon divorce cannot include the value of a hypothetical covenant not to compete.

Shineovich v. Kemp, 229 Or App 670, 214 P3d 29 (2009) Holding Oregon's donor insemination statute unconstitutional and ordering that it be applied to a lesbian couple.

Terhaar and Polance
, 171 Or App 112, 14 P3d 657 (2000) Allocating appreciation in value of premarital assets to one party because the other party did not contribute to the appreciation.

Tsukamaki and Tsukamaki
, 199 Or App 577, 112 P3d 416 (2005) Awarding a portion of separate assets to the other party on grounds of fairness.

Williams and Williams, 22 Or App 558, 540 P2d 376. (1975) Holding that a complex spousal support scheme, agreed to at the time of divorce, could not later be modified.

Wolhaupter-Heinzel and Heinzel, 108 Or App 514, 816 P2d 672 (1991) Finding that property received by inheritance was not jointly acquired and need not be equally divided, particularly where one party had wasted marital assets.

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