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Oregon Divorce Information

The following information is to provide a basic understanding of the various aspects of Oregon divorce.

You can get more specific information regarding Oregon divorce laws using the links provided to Oregon divorce laws or at your local library.

This information is provided for informational purposes only and does not constitute legal advice. Before taking any action you should seek the advice of an attorney familiar with the laws in the state in which you will be seeking a divorce.

Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.

Oregon Divorce Resources

Residency Requirements The court may grant a divorce:
  • If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced.
  • When the marriage was not solemnized in this state, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto.
Where to File A petition for divorce can be filed only in the county where either of the spouses reside.
Grounds for Divorce A divorce under Oregon laws can be granted when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. Specific acts of misconduct aren't admissible, except when relevant to child custody proceedings, or to prove irreconcilable differences.
Voluntary or required mediation Yes
Voluntary or recommended CounselingYes
Property Distribution The court will divide the real and personal property of the parties as may be just and proper in all the circumstances, without regard to fault. In arriving at a just and proper division of property, the court shall consider: (1) reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. (2) the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. (3) evidence of the tax consequences on the parties of its proposed judgment.
Child Custody In determining custody of a minor child under ORS 107.105 or 107.135, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
  • The emotional ties between the child and other family members
  • The interest of the parties in and attitude toward the child
  • The desirability of continuing an existing relationship
  • The abuse of one parent by the other
  • The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child
The best interests and welfare of the child in a custody matter shall not be determined by isolating any one of the relevant factors referred to in subsection (1) of this section, or any other relevant factor, and relying on it to the exclusion of other factors. However, if a parent has committed abuse, as defined in ORS 107.705, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse.

In determining custody of a minor child under ORS 107.105 or 107.135, the court shall consider the conduct, marital status, income, social environment or life style of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child. No preference in custody shall be given to the mother over the father for the sole reason that she is the mother, nor shall any preference be given to the father over the mother for the sole reason that he is the father.
Child Support The terms of child support and parenting time (visitation) are designed for the child's benefit and not the parents' benefit. You must pay support even if you are not receiving visitation. You must comply with visitation orders even if you are not receiving child support.

Violation of child support orders and visitation orders is punishable by fine, imprisonment or other penalties.
Spousal Support In awarding alimony, Oregon laws do not consider the fault of either party in causing the grounds for divorce. Oregon laws allow the court to order one of the following types of spousal support, for a period of time as may be just and equitable, in gross or in installments or both.

Transitional spousal support as needed for a party to attain education and training necessary to allow the party to prepare for reentry into the job market or for advancement. The factors to be considered by the court in awarding transitional spousal support include but are not limited to:
  • The duration of the marriage
  • A party's training and employment skills
  • A party's work experience
  • The financial needs and resources of each party
  • The tax consequences to each party
  • A party's custodial and child support responsibilities
  • Any other factors the court deems just and equitable
Compensatory spousal support when there has been a significant financial or other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances. The factors to be considered by the court in awarding compensatory spousal support include but are not limited to:
  • The amount, duration and nature of the contribution
  • The duration of the marriage
  • The relative earning capacity of the parties
  • The extent to which the marital estate has already benefited from the contribution
  • The tax consequences to each party
  • Any other factors the court deems just and equitable
Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:
  • The duration of the marriage
  • The age of the parties
  • The health of the parties, including their physical, mental and emotional condition
  • The standard of living established during the marriage
  • The relative income and earning capacity of the parties
  • A party's training and employment skills
  • A party's work experience
  • The financial needs and resources of each party
  • The tax consequences to each party
  • A party's custodial and child support responsibilities
  • Any other factors the court deems just and equitable


Oregon Divorce Attorneys by County

Oregon Divorce Mediators by County


DISCLAIMER:
This information has been compiled directly from the most recently available statutes online for each state. Every effort has been made to assure that this information is correct and complete. Be aware that laws frequently change. Do not take any action based on this information without first consulting an attorney to be certain that the laws pertaining to your particular situation have not changed.

The language used in most cases on this page is legal terminology taken directly from the statutes and laws of each state. The terminology is not always easy to understand. If you are not sure of something you should consult an attorney so that you can fully understand the meaning of the laws.

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