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
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