Divorce is a challenging and emotional process, and understanding the legal steps involved can make it less stressful. If you are considering getting a divorce in Oregon, there are specific laws and procedures you should be aware of. This article will provide an overview of the Oregon divorce process, including important steps, requirements, and considerations.

Grounds for Divorce in Oregon

Oregon is a no-fault divorce state, which means that neither spouse needs to prove that the other spouse did something wrong to end the marriage. To file for divorce in Oregon, at least one spouse must have lived in the state for at least six months before filing.

Residency Requirements for Divorce in Oregon

To file for divorce in Oregon, at least one of the spouses must have been a resident of the state for at least six months before filing. If you are not sure whether you meet this requirement, it is recommended that you speak with a family law attorney to review your options.

Filing for Divorce in Oregon

To start the divorce process in Oregon, one spouse must file a petition for dissolution of marriage with the court. The petition must include information about the marriage, such as the names and ages of the spouses, the date and location of the marriage, and any children or property involved. The petition must also include the grounds for divorce, which in Oregon, is simply that the marriage is irretrievably broken.

The divorce process in Oregon involves filing a petition for dissolution of marriage, serving the other spouse with a copy of the petition, and responding to the petition. Temporary orders may be requested to address urgent issues, and the discovery process allows both spouses to gather information about each other’s finances and property. Mediation is often required before a divorce can be finalized, and if the spouses cannot agree, the case will proceed to trial. Once all of the issues have been resolved, the court will issue a final divorce decree, which will detail the terms of the divorce, including child custody and support, spousal support, and property division.

Serving the Other Spouse

After the petition has been filed, the other spouse must be served with a copy of the petition and a summons to appear in court. The summons will inform the other spouse of the date and time of the initial court hearing. The spouse who files for divorce cannot personally serve the other spouse, and the papers must be served by a third party.

Response to the Petition

After being served with the petition, the other spouse has 30 days to file a response. The response must address each of the issues raised in the petition, including child custody and support, spousal support, and property division. If the other spouse does not file a response within 30 days, the court may grant the divorce based on the information provided in the petition.

Temporary Orders

During the divorce process, either spouse can request temporary orders from the court to address urgent issues such as child custody, support, or spousal support. Temporary orders can also be requested to maintain the status quo, preventing one spouse from making unilateral changes to marital property or removing children from the state.

Discovery

The discovery process is an opportunity for both spouses to gather information about each other’s finances, property, and other relevant facts. Each spouse can request information and documentation from the other, and may also be required to provide information. This process is critical in determining how marital assets will be divided and the appropriate amount of child and spousal support.

Mediation

In Oregon, mediation is often required before a divorce can be finalized. Mediation is a process in which a neutral third party helps the spouses reach an agreement on disputed issues such as child custody, support, and property division. If the spouses cannot agree, the case will proceed to trial.

Oregon Divorce Trials

If the spouses cannot reach an agreement through mediation, the case will go to trial. During the trial, each side will present evidence and testimony to support their position on the disputed issues. After hearing all of the evidence, the judge will make a decision on how to resolve the outstanding issues.

Finalizing the Divorce

Once all of the issues have been resolved, the court will issue a final divorce decree. The divorce is not final until the decree has been signed by a judge and filed with the court. The decree will detail the terms of the divorce, including child custody and support, spousal support, and property division.

In Summary

Divorce can be a complicated and emotional process, but understanding the steps involved can make it less stressful. If you are considering getting a divorce in Oregon, it is important to speak with an experienced family law attorney who can guide you through the process.

Division of Property

Oregon is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. Marital property includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. Separate property, such as property owned before the marriage, inheritances, or gifts, is not subject to division.

When dividing marital property, the court will consider a variety of factors, including each spouse’s contributions to the marriage, the length of the marriage, and the needs of each spouse. The court may also consider the income and earning capacity of each spouse, the health and age of each spouse, and any other relevant factors.

Child Custody and Support

When children are involved in a divorce, custody and support are often the most contentious issues. In Oregon, the court will make decisions about child custody based on the best interests of the child. The court may consider factors such as the child’s relationship with each parent, the ability of each parent to provide for the child’s physical and emotional needs, and any history of abuse or neglect.

In Oregon, child support is calculated based on the incomes of both parents, the number of children, and the amount of time each parent spends with the child. The court will also consider the needs of the child, including education, health care, and child care expenses.

Spousal Support

Spousal support, also known as alimony, is a payment from one spouse to the other to provide financial support after the divorce. In Oregon, spousal support is not automatic, but may be awarded if one spouse needs financial assistance and the other spouse has the ability to pay.

When determining whether to award spousal support, the court will consider factors such as the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage. The court may also consider the contributions of each spouse to the marriage, including child-rearing and homemaking.

In Summary

The Oregon divorce process can be complicated and emotional, but understanding the steps involved can make it less stressful. If you are considering getting a divorce in Oregon, it is important to speak with an experienced family law attorney who can guide you through the process.