Oregon Divorce Information
and FAQ
The State of Oregon permits a judgement of dissolution of
marriage to be granted upon the following grounds:
1. When either party to the marriage was incapable of entering
into the marriage contract because the party was under the legal age
to so contract or due to insufficient understanding
2. When consent to the marital contract was obtained by force or
fraud
3. Irreconcilable differences which have caused an irremediable
breakdown of the marriage. 107.015, 107.025
Residency requirements If the marriage was not solemnized in the
State of Oregon, at least one of the parties to the marriage must
have resided in Oregon for at least six continuous months
immediately prior to the filing of the petition. If the marriage was
solemnized in the State of Oregon, there is no length of residence
requirement for either party as long as one party is a resident.
107.075 Venue A petition for dissolution may be filed in the county
where either party resides. 107.075
Name of court and title of action/parties An action for
dissolution of marriage filed in the State of Oregon is filed in the
Circuit Court. The title of the action initiating the dissolution
proceeding is a Petition for Dissolution of Marriage, while the
title of the action granting the dissolution is a Decree of
Dissolution of Marriage. The filing party is referred to as the
Petitioner, while the other party to the proceeding is the
Respondent. If the action is filed jointly, both parties are
referred to as Co-Petitioners. 107.085
Legal separation The State of Oregon permits judgements of legal
separation to be granted upon the grounds of irreconcilable
differences between the parties that has caused a temporary or
unlimited breakdown of the marriage. 107.025
Waiting period Generally, there is a ninety day waiting period
from the date of service of the summons and petition upon the
respondent or the first publication of the summons to the trial or
hearing on the merits of the dissolution petition. The court may,
however, upon written motion supported by affidavit, waive the
waiting period. In addition, if the parties have filed the
dissolution petition jointly or the respondent has waived further
appearance or permits a default judgement to be taken, the court may
enter a judgement of dissolution upon affidavit of the petitioner or
co-petitioners. 107.065, 107.095 Summary dissolution proceedings A
marriage may be dissolved by summary proceedings in the State of
Oregon when the following conditions are met:
1. The parties seek dissolution based upon irreconcilable
differences and the residence requirements are met
2. There are no children of the marriage and the wife is not
pregnant
3. The marriage has not existed for more than 10 years
4. Neither party has any interest in real property
5. There are no unpaid obligations in excess of $15,000 incurred
by either or both parties since the date of marriage
6. The total aggregate fair market value of all personal property
assets of either party does not exceed $30,000
7. The petitioner waives any right to spousal support
8. The petitioner waives any right to pendente lite orders
9. The petitioner knows of no other pending domestic relations
suit involving the marriage in the State of Oregon or any other
state. 107.485
Alimony Either party to a dissolution proceeding may be ordered
to pay alimony to the other. Said support may be in gross amount or
in installments, or both. Oregon recognizes three types of alimony.
1. Transitional support- Support ordered to permit a party to attain
education and training necessary for reentry into the job market or
advancement therein. Factors the court will consider in awarding
this type of support include:
a. The duration of the marriage b. A party's training and
employment skills c. The financial needs and resources of each party
d. Tax consequences to each party e. Custodial and child support
responsibilities f. Any other factor deemed relevant and just.
2. Compensatory support- Support ordered to compensate one spouse
for significant financial or other contributions to the education,
training, vocational skills, career or earning capacity of the other
spouse. Factors the court will consider in awarding this type of
support include: a. The amount, duration, and nature of the
contribution b. The duration of the marriage c. The relative earning
capacity of the parties d. The extent that the marital estate
benefited from the contribution e. Any other factor deemed relevant
and just.
3. Spousal maintenance- Support ordered to support a spouse for a
specified or indefinite period. Factors the court will consider in
awarding this type of support include: a. The duration of the
marriage b. The age of the parties c. The physical, mental and
emotional health of the parties d. The standard of living
established during the marriage e. The relative income and earning
capacity of the parties f. A party's training and employment skills
g. A party's work experience h. The financial needs and resources of
each party i. The tax consequences to each party j. A party's
custodial and child support responsibilities k. Any other factor
deemed relevant and just. 107.105
Distribution of property The court will divide all of the
property of the parties, whether jointly or separately held, as it
deems equitable and just. There is a rebuttable presumption that
both spouses contributed equally to the acquisition of property
during the marriage. Prior to distribution, the court will require
full disclosure of all assets owned by the parties. 107.105
Mediation In any case involving minor children where it appears
that custody, parenting time, or visitation is contested, the court
may refer the parties to mediation to assist the parties in
resolving the contested issues. 107.765 Child custody Custody of
minor children of the marriage will be determined according to the
best interests of the children. Factors the court will consider in
determining the child's best interests include:
1. The emotional ties between the child and other family members
2. The interests of the parties in and attitude toward the child 3.
The desirability of continuing an existing relationship 4. The abuse
of one parent by the other 5. The preference of the child 6. The
willingness and ability of each parent to facilitate and encourage a
close and continuing relationship between the child and other
parent.
No preference shall be given to either parent based solely on the
parent's status as father or mother.
In addition, any order or judgement providing for custody must
include provisions addressing the issues of payment of uninsured
medical expenses, maintenance of insurance or other security for
support, and maintenance of health insurance for the child. 107.106,
107.137
Child support Oregon has enacted child support guidelines which
establish the presumptive correct amount of child support to be paid
for each minor child. 107.105 Name change The court will change the
name of a party to any former or maiden name upon request. 107.105
|
(Customer Pays Shipping &
Handling)
