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Oregon Divorce Laws

Oregon has following divorce laws:

Residency

Under Oregon divorce laws, it is very important that the residency requirements are met. Residency requirements of Oregon are:
  • The marriage should have taken place in the state and at least one party must be a resident of the state at the time the suit is commenced and the duration should be continuous for a period of six months.
  • A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides.

Documents Required for Filing Divorce

The essential documents needed to start and finalize dissolution of marriage according to Oregon divorce laws include:
  • Petition for Dissolution of Marriage
  • Decree of Dissolution of Marriage
A few other documents that are typically filed during the process are:
  • Marital Settlement Agreement
  • Notice of Statutory Restraining Order Preventing Dissipation of Assets
  • Motion for Waiver of 90 Day Waiting Period
  • Affidavit Supporting Stipulated Judgment of Dissolution.

Distribution of Property

In awarding the real and personal property between the parties, one party is to make to the support of the other. The court does not consider the fault of either of the parties in causing grounds for the annulment or dissolution of the marriage when distributing property.

Change of Name or Restoration of Name

According to Oregon divorce laws, the name of either spouse to a name the spouse held before the marriage is ordered by the divorce court if it is requested by the affected party.

Mediation Counseling

The Oregon divorce court always provides conciliation services whenever any domestic aggression takes place. The court makes its efforts to settle down the grievances. If, within 45 days after the divorce court commences to exercise conciliation jurisdiction, reconciliation has not been effected, the domestic relations suit will proceed.

Alimony

Under Oregon divorce laws, following factors are to be considered by the Oregon divorce court in awarding transitional spousal support:
  • The duration of the marriage
  • A party's training and employment skills
  • A party's work experience
  • The financial needs and resources of each party
  • The tax consequences to each party
  • A party's custodial and child support responsibilities; and
  • Any other factors the court deems just and equitable
The factors to be considered by the divorce court in awarding compensatory spousal are:
  • The amount, duration and nature of the contribution
  • The duration of the marriage
  • The relative earning capacity of the parties
  • The extent to which the marital estate has already benefited from the contribution
  • The tax consequences to each party; and
  • Any other factors the court deems just and equitable.

Child Custody

According to Oregon Family court law, a general parenting plan is prepared in which, the minimum amount of parenting time and access a no custodial parent is entitled to have, is set forth

Under Oregon divorce laws, a detailed parenting plan may include:

  • Residential schedule
  • Holiday, birthday and vacation planning
  • Weekends, including holidays, and school in-service days preceding or following weekends
  • Decision-making and responsibility
  • Information sharing and access
  • Relocation of parents
  • Telephone access
  • Transportation; and
  • Methods for resolving disputes.

Child Support

According to Oregon divorce laws, the court has designed child support terms in favor of child not the parents. Parents are supposed to pay support even if they are not receiving visitation. Violation of child support and visitation orders is punishable by fine, imprisonment or other penalties.

Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state

 
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