Basics Of Divorce In Oregon

Oregon is a no-fault state for getting a divorce.  There are two grounds that can be alleged for divorce (1) No-Fault:  Irreconcilable differences between the parties have caused the irremediable breakdown of the marriage and (2) Fault: When either party to the marriage was incapable of making such contract or consenting thereto for want of legal age or sufficient understanding; or when the consent of either party was obtained by force or fraud.  The court will consider other fault grounds in determining property division or alimony.

One of the parties to the divorce in Oregon must live in the state for 180 days or 6 months.  The petition must be filed in the county where one of the parties lives.  A hearing can be held on the divorce petition 90 days after the date of the service of the summons and petition upon the respondent.

Oregon is an equitable division state in determining the division of the marital estate.  At the time an action is filed the parties to the divorced are enjoined from disposing of any property without court consent until property division is decided.  All property obtained during the marriage regardless of how it is titled is considered part of the marital estate.  The judge divides the property in a way that is considered fair but not necessarily equal.

In custody matters during divorce, Oregon courts begin with a presumption that it is best for a child to have frequent and continuing contact with both parents after a divorce.  If possible, judges want to support joint custody arrangements.  However, the exact nature of the time-share will be determined by the children's best interests.  Custody is another area where the court may look at fault of the parties in causing the breakdown of the marriage, if the fault grounds have bearing on either party’s ability to be an effective parent.

Oregon like every state in the union requires that both parents provide financial support to the child.  The court attempts to maintain the standard of living the child enjoyed during the marriage.  The amount of support is determined by a formula that calculates the earning potential of each spouse and the amount of time each spouse spends with the child.