Divorce rate in Oregon State is close to the median which is 4.1% per 1,000 of the population. The Oregon family court law has defined both no-fault and fault grounds for divorce. No-fault divorce is the only option when there has been no substantial wrongdoing whereas in fault divorces a significant wrongdoing is to be proved.
Annulment is not a preferred option though but may be preferred when a person’s religious beliefs do not approve of or permit a divorce.
Divorce attorneys and lawyers with us will help you in all aspects of law related matters including divorce, annulment, child custody, alimony etc.
Divorce Grounds in Oregon
The divorce rate in Oregon is 5.3 per 1,000. The divorce grounds in Oregon are categorized into:
No-Fault Divorce Grounds in Oregon
Divorce will be granted under the following no-fault divorce ground in Oregon:
If the spouses have some irreconcilable issues which are negatively affecting their married life, the court will grant divorce decree on this divorce ground in Nevada, if one of the spouses petitions for it.
Fault Divorce Grounds in Oregon
There is only one divorce ground in Oregon, which is:
Consent Obtained by Force or Fraud
This divorce ground in Oregon states that “ when either party to the marriage was incapable of making such contract or consenting thereto for want of legal age or sufficient understanding.” If consent of either husband or wife is obtained by fraudulent activities or by forcing a spouse, then the victim can file a case for divorce under this divorce ground in Oregon.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Oregon.
Oregon Divorce Laws
Oregon has following divorce laws:
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.
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.
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.
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.
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
Oregon Annulment Laws
Annulment is a legal procedure of terminating a marriage. The major difference between divorce and annulment is that a divorce is the termination of a legal marriage while annulment is the ending-up of an already void marriage.
The grounds for annulment differ from state to state. Oregon annulment laws have following grounds:
Fraud and Duress
According to Oregon annulment laws, entering a marital contract under compulsion or threat is a valid annulment ground. Same holds true for fraud or misrepresentation. In all these above mentioned situations, claims for Oregon annulment will be legal.
If your spouse is mentally ill, partially or completely, you can obtain annulment under Oregon annulment laws.
If your spouse has a physical disability which is directly or indirectly affecting your marital relationship, you can file for annulment according to Oregon annulment laws.
18 years is the set legal marriageable age according to Oregon marriage laws. Marriage of spouses less than this age can be annulled under Oregon annulment laws.
Oregon Divorce Laws-Frequently Asked Questions
- My spouse is living in another state; can I still claim a divorce in Oregon?
In some cases, if you have links with Oregon and you are temporarily away, then according to Oregon divorce laws you can sue for divorce. However in most of the cases, one spouse must be a resident of Oregon for at least 6 months to claim Oregon divorce.
- Oregon is a no-fault state. Is it true?
Yes, it is very true, Oregon has only one no-fault divorce ground which is irreconcilable differences. So, each spouse has a right to file an Oregon divorce without any proof of misconduct.
- What is dissolution of a marriage?
Dissolution of marriage means the termination of a marriage. According to Oregon divorce laws, dissolution of marriage is another term used for divorce.
- I want to get “quickie” divorce, can I?
No you can’t. The intention of the court is to promote reconciliation if possible, for this the court offers family counseling service to the spouses. In case of contested Oregon divorce, the whole divorce process takes around 9 months.
- If I am not satisfied with the court decision, what can I do?
The Oregon divorce laws give you a chance to appeal against the outcome of the divorce trail. But it will cost around $5,000 to $15,000 or more, which is very expensive.
- How much a divorce in Oregon will cost?
The cost of Oregon divorce is approximately same as that of other states. The court charges $300 for filing and appearance fee. Lawyer fee depends upon his/her skills and experience.
- Is it necessary to hire a divorce lawyer?
Oregon divorce laws say that if a person wants to represent him/her self, then s/he can, but you must know the court proceedings, otherwise it is recommended to hire a divorce lawyer and let him/her do the work with perfection.
- Who will pay for child support?
At the time of divorce, the court decides the custody and support child support issue. The non-custodial spouse will be responsible to pay a specified amount for child support. There is no fixed percentage for child support, but it depends on the income of both the spouses.