|
Oregon
Divorce
Once your order has been
received it will be forwarded to the Oregon paralegal who will be
assigned to your case for the duration of the process. Your assigned
paralegal will answer any questions that you have and process your
documents.
Our Oregon Paralegals
are specifically trained in Oregon divorce procedures and will assist
you in getting the fastest, easiest, and most affordable divorce
available.
We include all forms
needed for an Oregon divorce.
RESIDENCY REQUIREMENTS
AND WHERE TO FILE: If the marriage was not performed in Oregon,
one of the spouses must have been a resident of Oregon for 6 months
immediately prior to filing. If the marriage was performed in Oregon
and either of the spouses is a resident at the time of filing, there
is no durational residency requirement. The dissolution of marriage
may be filed in a county where either spouse resides. There is a
90-day waiting period before a hearing will be scheduled which begins
after the respondent has been served with papers or has filed an
Appearance. [Oregon Revised Statutes; Sections 14.070, 107.065,
and 107.075].
LEGAL GROUNDS FOR
DISSOLUTION OF MARRIAGE: No-Fault: Irreconcilable differences
between the spouses which have caused the irretrievable breakdown
of the marriage. Misconduct of the spouses will only be considered
when child custody is an issue or if necessary to prove irreconcilable
differences. [Oregon Revised Statutes; Section 107.025 and 107.036].
General: (1) consent to marriage was obtained by fraud or force;
(2) minor married without lawful consent; (3) spouse lacked mental
capacity to consent. [Oregon Revised Statutes; Section 107.015]
LEGAL SEPARATION:
The grounds for legal separation (separation from bed and board)
in Oregon are irreconcilable differences between the spouses which
have caused the irretrievable breakdown of the marriage. The spouses
may enter a separation agreement to live apart for at least 1 year.
At least one of the spouses must be a resident of Oregon when the
action for legal separation is filed. The legal separation may be
filed for in a county where either spouse lives. [Oregon Revised
Statutes; Sections 14.070, 107.025, 107.075, 107.455, and 107.475].
SIMPLIFIED OR SPECIAL
DISSOLUTION OF MARRIAGE PROCEDURES: The spouses may qualify
for a summary dissolution of marriage procedure if the following
qualifications are met: (1) the residency requirements are fulfilled;
(2) There are no minor children and the wife is not pregnant; (3)
the marriage is not over 10 years in length; (4) neither spouse
owns any real estate; (5) there are no unpaid debts in excess of
$15,000 incurred by either or both spouses during the marriage;
(6) the total value of all of the spouse's personal property is
less than $30,000, excluding any unpaid balances on loans; (7) the
petitioner waives the right to spousal support (alimony); (8) the
petitioner waives the right to any pendente lite orders, except
for the prevention of spouse abuse (temporary court orders pending
the final divorce); (9) the petitioner knows of no other pending
domestic relations suit in Oregon or any other state. There are
specific mandatory forms for filing for summary dissolution of marriage
that are available from the clerk of the court in each circuit.
Separation agreements are also expressly authorized. In addition,
in all other cases, the spouses can jointly file for a dissolution
of marriage. [Oregon Revised Statutes; Sections 107.055, 107.065,
107.085, 107.105, 107.485+].
MEDIATION OR COUNSELING
REQUIREMENTS: Certain Oregon courts offer conciliation services.
If a court does offer such services, either spouse or the court
may delay the dissolution of marriage proceedings for 45 days while
a reconciliation or settlement is attempted. In addition, if child
custody or child support issues are contested, the court will refer
the parents to mediation for up to 90 days. [Oregon Revised Statutes;
Sections 107.179, 107.540, and 107.550].
PROPERTY DISTRIBUTION:
Oregon is an "equitable distribution" state. All of the spouses
property is subject to division by the court, including any gifts,
inheritances, and property acquired prior to the marriage. Regardless
of whether the property is held jointly or individually, there is
a presumption that the spouses contributed equally to the acquisition
of any property, unless shown otherwise. All property will be divided,
without regard to any fault of the spouses, based on the following
factors: (1) the cost of any sale of assets; (2) the amount of taxes
and liens on the property; (3) the contribution of each spouse to
the acquisition of the marital property, including the contribution
of each spouse as homemaker; (4) any retirement benefits, including
social security, civil service, military and railroad retirement
benefits; (5) any life insurance coverage; and (6) whether the property
award is instead of or in addition to spousal support. [Oregon Revised
Statutes; Sections 107.036 and 107.105].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Either spouse may be ordered to pay spousal support
to the other spouse, without regard to marital fault. The factors
for consideration are: (1) the need for and the time necessary to
acquire sufficient education and training to enable the spouse to
find appropriate employment to become self-supporting, and that
spouse's future earning capacity; (2) the standard of living during
the marriage; (3) the duration of the marriage; (4) the comparative
financial resources of the spouses, including their comparative
earning abilities in the labor market; (5) the tax consequences
to each spouse; (6) the age of the spouses; (7) the physical and
emotional conditions of the spouses; (8) the usual occupation of
the spouses during the marriage; (9) the vocational skills and employability
of the spouse seeking support; (10) any custodial and child support
responsibilities; (11) the educational level of each spouse at the
time of the marriage and at the time the divorce is filed for; (12)
any life insurance; (13) the costs of health care; (14) the extent
that a spouse's earning capacity is impaired due to absence from
the job market to be homemaker and the extent that job opportunities
are unavailable considering the age of the spouse and the anticipated
length of time for appropriate training; and (15) the contribution
of each spouse to the marriage, including services rendered in homemaking,
child care, education, and career building of the other spouse;
(16) any long term financial obligations, including legal fees;
(17) any child support obligations; and (18) any other factor the
court deems just and equitable. If a spouse has been out of the
job market for a long time while acting as homemaker and the other
spouse has an economically advantageous position due to joint efforts
of both spouses, spousal support will be awarded as compensation.
The spouse receiving spousal support must make a reasonable effort
to become self-supporting within 10 years or the support may be
terminated. The court may order the spouse to pay the support to
carry life insurance with the other spouse as beneficiary. In addition,
a spouse may have a right to continued health insurance coverage
under the other spouse's policy. [Oregon Revised Statutes; Sections
107.036, 107.105, 107.412, and 743.600]. [Oregon Revised Statutes;
Section 107.105].
CHILD CUSTODY:
Joint custody, joint responsibility for the child, and extensive
contact between the child and both parents is encouraged. Joint
or sole custody is determined based on the best interests of the
child and the following factors: (1) the love and affection existing
between the child and other family members; (2) the attitude of
the child: (3) the length of time the child has lived in a stable,
satisfactory environment and the desirability of maintaining continuity;
(4) any spouse abuse; (5) the relationship of the child with parents,
siblings, and other significant family members; and (6) the parent's
interests and attitudes towards the child. The conduct, income,
social environment, and life style of the proposed guardian is to
be considered only if it is shown to cause emotional or physical
damage to the child. No preference is to be given because of parent's
sex. The court will not order joint custody unless both parents
agree to the terms of the custody. [Oregon Revised Statutes; Sections
107.105, 107.137, 107.169].
CHILD SUPPORT:
Either parent may be ordered to pay child support, based on the
following factors: (1) the needs of the child; (2) the parent's
ability to pay support; (3) the standard of living the child would
have enjoyed if the marriage had not been dissolved; (4) the physical
and emotional conditions and educational needs of the child; (5)
the relative financial means of the parents, including their income,
resources, and property; (6) the potential earnings of the parents;
(7) the needs of any other dependents of a parent; (8) the desirability
of the parent having either sole custody or physical care of the
child remaining in the home as a full-time parent; (9) the tax consequences
to each parent; and (10) any other relevant factors. There are official
child support scales and formulas available. The child support payments
may be required to be paid through the clerk of the court. There
may be court orders issued to withhold wages to pay for the child
support. Every child support award must also contain provisions
for the payment of any uninsured medical care for the child and
the payment of health insurance for the child. The court may also
order the parent required to pay support to maintain life insurance
coverage with the child as beneficiary. [Oregon Revised Statutes;
Sections 25.275, 25.280, 107.105, 107.106, and 107.820].
PREMARITAL AGREEMENT:
The agreement must be in writing and signed by both parties and
is enforceable without consideration. The agreement is not enforceable
if it is proven that (1) the agreement was not executed voluntarily;
(2) the agreement was unconscionable when executed and before execution,
the party was not provided a fair and reasonable disclosure of the
property or financial obligations of the other party, did not voluntarily
waive disclosure of such obligations, and could not have had adequate
knowledge of these obligations. If a provision of the agreement
modifies or eliminates spousal support and that causes the party
to be eligible for public assistance at the time of separation or
divorce, the court may require the other party to provide support
to the extent necessary to avoid eligibility. [Oregon Revised Statues,
Section 108.705].
Order
Your Oregon Divorce Package Now $99.94
Home
e-mail
us
|
