Oregon Divorce Law

This article aims to be a brief guide to the Oregon divorce law for someone who is considering entering into divorce proceedings. Oregon divorce laws are much less flexible than some states in what they allow as legitimate grounds for divorce. Keep in mind that in order to file for divorce in Oregon, the marriage needs to have taken place in Oregon, and at least one spouse needs to be resident in Oregon for six months or more before the divorce proceedings begin.

In Oregon, you can file for divorce if both parties come to an agreement that there are problems in the marriage that simply can't be fixed. In instances where one spouse is unwilling to end the marriage, you can file for divorce under the following circumstances.The first factor that qualifies as grounds for divorce under the Oregon divorce laws is the situation wherein one of the spouses was under the legal age of consent at the time of the marriage. Similarly, if the marriage only took place due to fraud on the part of one of the spouses, this is also considered grounds for ending the marriage. Any other situation falls under the category of irreconcilable differences, or a No Fault divorce.

Another option that is available to a couple in Oregon is a Summary Dissolution of a marriage. This is a proceeding where you can have a marriage dissolved with very little effort and time in terms of court proceedings. This option is ideal for young couples who feel they have rushed into their marriage and made a mistake. It's not available for couples who have young children or who own real estate or hold large sums of money in joint bank accounts. In other words, it's designed to be a quick and simple process in cases where there are no complicated matters to settle such as child custody and the division of assets and property.

Oregon Divorce Law
Property division following a divorce in Oregon is determined by what the judge deems to be a fair and equitable distribution of marital assets between the two spouses. The names on documents or titles of ownership of property have no relevance in this instance. The court views all property acquired as a couple as joint property, regardless of whether it is under your name, your spouse's, or a joint account.

If your spouse's employability and skills in the workplace have been limited due to a decision to stay home and raise the children, you may be required to pay spousal support after the divorce. This is due to the fact that had the marriage not happened, that spouse may have chosen instead to pursue a career or training, leading to greater employability and potential for a higher income. Their relative lack of employability as a result of the choice to stay at home is compensated for by alimony payments. There are other factors involved in determining alimony payments, such as the length of the marriage and the effects on each spouse's standard of living that the divorce may have.

The last significant issues involved in divorce proceedings revolve around the children produced by your marriage. If you have children who are still minors, you can either agree on a custody settlement with your spouse or take the issue through the court system. The court system can also help determine a fair amount for child support payments, if necessary. A calculation determines the proportion of each spouse's income and resources should be dedicated to supporting the children, and the amount to be paid is determined based on this. The amount can be altered if it can be displayed in court that the payments required are unfair on the spouse required to pay - usually due to financial hardship.

Oregon Divorce Law
When it comes to deciding on matters of child custody and visitation, the guiding principle used by the courts in Oregon is the child's welfare.

The court will attempt to come to the best arrangement in terms of the child's needs, whether that be permanent physical custody with one parent while the other parent remains active in the child's life, through to an arrangement that involves one parent being barred from contact with the child because of potential dangers posed by their interaction.

SBI!