Oregon Divorce Requirements
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 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 has passed since the divorce’s 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 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 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.
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.