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Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Introduction To Divorce Summary
Oregon divorce law governs the legal dissolution of marriages and legal issues such as the division and distribution of marital property, child custody, child support, and spousal maintenance.
Oregon is a pure no-fault divorce state, allowing spouses to dissolve their marriage without regard to fault. Neither spouse needs to prove wrongdoing by either party to obtain a divorce. All that is required is for one or both spouses to attest that irreconcilable differences exist.
This divorce law summary is not intended to substitute for obtaining timely legal advice from an experienced Oregon divorce lawyer.
Residency Requirements
The law requires that at least one spouse currently lives in Oregon before filing for divorce. You can also establish residency if at least one spouse has lived in the state for at least six months before filing for a divorce.
Legal Grounds For Divorce
Oregon is a pure “no-fault” divorce state. Neither spouse can allege any wrongdoing as the reason for the divorce. All that needs to be stated is that the spouses have irreconcilable differences.
Legal Separation
Legal separation in Oregon allows married couples to live apart and settle issues related to their marriage without divorcing. Oregon law requires a spouse to file a petition for legal separation in the appropriate court. The petition should state the reasons for the separation and include relevant information about children, property, and debts.
Mediation
When there is a dispute regarding child custody, the court shall direct the parties to participate in mediation to resolve their differences.
Property Division
Regarding the division of marital property, Oregon is an equitable distribution state, and fault is not considered when dividing the marital estate. Retirement plans shall be regarded as part of the marital estate.
The court presumes that both spouses have contributed equally to property purchase during the marriage, whether such property is jointly or separately held, and thus should be divided equitably. In arriving at a just and proper property division, the court shall consider reasonable costs of the sale of assets, taxes, and any other costs reasonably anticipated by the parties.
Spousal Support
Spousal support may be awarded on a transitional, compensatory, indefinite basis.
The following factors are taken into consideration when awarding spousal support:
- Duration of the marriage
- The age, health, and station of each party
- The standard of living established during the marriage
- The relative earning capacity of the parties
- The financial needs and resources of each party
- The tax consequences to each party
- Custodial and child support responsibilities of each party
- Any other factors that the court deems relevant
Child Custody
Custody may be awarded to either the father or the mother. The court shall give primary consideration to the best interests and welfare of the child when determining child custody.
In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
- The emotional ties between the child and other family members
- The interest of the parties in and attitude toward the child
- The desirability of continuing an existing relationship
- The abuse of one parent by the other, including acts of domestic violence or abuse
- The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court
- Each parent must be willing and able to facilitate and encourage a close and continuing relationship between the other parent and the child unless a continuing relationship with the other parent will endanger the health or safety of either parent or the child. Courts have little tolerance for one parent’s attempts to manipulate the children into fostering resentment against the other parent.
Note: In determining custody of a minor child, the court shall also consider the conduct, marital status, income, social environment, or lifestyle of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.
Child Support
In ordering child support, the formula established by ORS 25.287 shall apply. Child support is not required for any minor child who has become self-supporting, emancipated, or married or who has ceased to attend school after becoming 18 years of age
Name Change
The court may include an order to change either spouse’s name to a name the spouse held before the marriage if the affected party requests it. This does not impact a party’s right to seek a name change after the divorce.
Watch Oregon Divorce Attorney Julie Gentili Discuss The Average Cost of Divorce in Oregon:
Oregon Child Support Enforcement
1162 Court Street N.E.
Salem, Oregon 97301
Office: (503) 947-4388
Fax: (503) 947-2578
Toll Free: (800) 850-0228
Customer Service: (503) 373-7300
Oregon Courts
The circuit court is Oregon’s trial court of general jurisdiction and hears domestic cases, among others. Each of Oregon’s 36 counties has a circuit court.
