Oregon Divorce Requirements
- Oregon Divorce Requirements
- Grounds for Divorce
- Oregon Documentation
- Distributing Property
- What are the Grounds for Divorce in Oregon?
- How Long Does it Take to Get a Divorce in Oregon?
- How Is Property Divided in a Divorce in Oregon?
- Does Oregon Have Alimony (Spousal Support)?
- How Does Oregon Handle Child Custody and Support?
- Do We Need to Go to Court for a Divorce in Oregon?
- Can I Modify a Divorce Decree in Oregon?
The state of Oregon requires that those filing for an Oregon divorce be state residents for a minimum of six months. This six-month time period must be continuous and must be prior to the divorce filing.
An Oregon divorce is also possible if the individuals were married in the state of Oregon and one spouse still resides in the state for the minimum time requirement. If both individuals reside in the state but live in different counties, either individual may petition for divorce in his or her county or the county of his or her spouse.
A hearing will not be held until ninety days have passed since the divorce petition and the divorce summons.
Grounds for Divorce
When a divorce is petitioned, the United States requires that a reason for the divorce be provided. This provided reasoning is the grounds for divorce.
Two individuals may agree on the grounds for divorce or one individual may petition on particular grounds that he or she will then have to prove before the court. However, not all grounds for divorce are legal in Oregon. The grounds for other states do not apply to Oregon divorces.
Oregon separates its divorcing grounds into two categories: No-Fault grounds and Fault grounds. No-fault grounds include irreconcilable differences between the individuals that have led to the disintegration of the couple’s marriage. No-fault grounds usually do not mark one individual responsible for the divorce and can possibly be preceded by marriage counseling.
Fault Grounds include marriage by way of fraudulent force and either an individual not being of legal age when entering into marriage or misleading his or her spouse illegally. Fault grounds cite one individual as responsible for the divorce petitioning.
Oregon has different forms of documents than other states. However, like in other states, the number of documents can be as many as twenty for a single divorce. The number of documents in a divorce depends on the marital circumstances.
If a child is present in a marriage more documents will be required to determine custody matters. If the marriage was lengthy more documents may be necessary. Some of the documents include a Petition for Dissolution of Marriage and Decree of Dissolution of Marriage form, a Motion for Waiver of 90 Day Waiting Period form, a Marital Settlement Agreement form, an Affidavit Supporting Stipulated Judgment of Dissolution form, and a Notice of Statutory Restraining Order Preventing Dissipation of Assets form.
All documents, once completed, will be filed with the county court clerk’s office. These documents will then be presented at the divorce hearing.
Filing with the Court in Oregon
You must file your Oregon divorce papers in the court located in the County where you presently reside. We will provide the court information in the documents that we send to you, but some of the courts in Oregon are listed below:
- Multnomah County Circuit Court
1021 S.W. 4th Avenue, Room 131 Portland, OR 97204 Phone: (503) 988-3003 or (503) 988-3957
- Washington County Circuit Court
145 NE 2nd Avenue, Hillsboro, OR 97124 Phone: 503.846.8888, TTY Phone: 503.846.4863
- Marion County Juvenile Court
3030 Center St. NE, Salem, Oregon Phone: 503.588.5105 Fax: 503.373.4360
- Lane County Circuit Court
125 E. 8th Avenue, Eugene, OR 97401 Phone: (541) 682-4020
- Jackson County Circuit Court
100 South Oakdale, Medford, Oregon 97501 Phone: 541.776.7171 TTY: 541.779.9146 Fax: 541.776.7057
- Baker County Circuit Court
1995 3rd St, Suite #220, Baker City, OR 97814-3313 Telephone: 541.523.6305 Fax: 541.523.9738 TTY: 541.523.6303
If your County court is not listed, the information for your court will be included in the divorce papers we send you.
Oregon is considered to be an equitable distribution state. Under equitable distribution all property obtained during the course of the marriage is to be divided fairly, this may not mean the property will be divided evenly.
The court first allows the individuals to divide the property themselves, but if this is not possible the court will award the property. Any property that either spouse obtained prior to the marriage is to be maintained by its owner. Any gifts exchanged between the individuals may be divided or maintained, upon discretion.
Frequently asked questions about divorce laws in Oregon cover various critical aspects. Here are some commonly asked questions and their corresponding answers:
What are the Grounds for Divorce in Oregon?
Oregon is a “no-fault” divorce state, meaning that irreconcilable differences leading to the irremediable breakdown of the marriage can serve as grounds for divorce. There’s no need to prove fault.
How Long Does it Take to Get a Divorce in Oregon?
The time required to finalize a divorce in Oregon varies depending on court schedules, the complexity of the case, and whether the divorce is contested or uncontested. Typically, it can take several months to a year or more.
How Is Property Divided in a Divorce in Oregon?
Oregon follows the principle of equitable distribution. Marital property and debts are divided fairly, though not necessarily equally, based on factors such as the length of the marriage, each spouse’s financial situation, and their contributions during the marriage.
Does Oregon Have Alimony (Spousal Support)?
Yes, Oregon allows for spousal support. The court may award temporary or long-term support based on factors such as the duration of the marriage, each spouse’s financial situation, and their contributions during the marriage.
How Does Oregon Handle Child Custody and Support?
Child custody decisions prioritize the best interests of the child. Oregon courts consider various factors, including the child’s relationship with each parent, the parents’ ability to provide for the child, and the child’s wishes (if they’re of sufficient age). Child support is determined using the Oregon Child Support Guidelines.
Do We Need to Go to Court for a Divorce in Oregon?
If both parties can agree on all terms of the divorce, they might not need to go to court. Uncontested divorces can often be settled through paperwork and negotiation outside of court. However, if disputes persist, a court appearance might be necessary.
Can I Modify a Divorce Decree in Oregon?
Modifications to child support, child custody, or spousal support are possible under certain circumstances if there’s a substantial change in circumstances. Legal procedures are typically required for modifications.
These questions address common concerns individuals have when navigating divorce in Oregon. However, specific situations can differ, so seeking legal counsel is advisable to address individual circumstances and receive accurate guidance throughout the divorce process.