Oregon’s Divorce Laws
If you were married in Oregon, then you may file for divorce as long as one of the parties is a resident of the state at the time suit is commenced. If the parties were married in another state, at least one party must be a resident of Oregon for six months before the suit is commenced.
Grounds for divorce
A judgment for the dissolution of a marriage may be granted:
a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or
Division of property
In Oregon, a retirement plan or pension or an interest therein shall be considered as property. The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held.
Subsequent to filing for divorce, the rights of the parties in the marital assets shall be considered a species of co-ownership, and a transfer of marital assets under a judgment of divorce shall be considered a partitioning of jointly owned property. The court shall require full disclosure of all assets by the parties in arriving at a just property division. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties.
If a spouse has been awarded spousal support in lieu of a share of property, the court shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the obligee as beneficiary for the duration of the obligation. If the obligor dies prior to the termination of such support and such insurance is not in force, the court may modify the method of payment of spousal support under the judgment or order of support from installments to a lump sum payment to the obligee from the estate of the obligor in an amount commensurate with the present value of the spousal support at the time of death. party may request notification by the insurer when premium payments have not been made.
If the parents have been unable to develop a parenting plan or if either of the parents requests the court to develop a detailed parenting plan, the court shall develop the parenting plan in the best interest of the child, ensuring the noncustodial parent sufficient access to the child to provide for appropriate quality parenting time. In determining custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child.
In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
a) The emotional ties between the child and other family members;
Child support ends 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.
The terms of child support and parenting time (visitation) are designed for the child’s benefit and not the parents’ benefit. You must pay support even if you are not receiving visitation. You must comply with visitation orders even if you are not receiving child support. Violation of child support orders is punishable by fine, imprisonment or other penalties.
Spousal maintenance as a contribution by one spouse to the support of the other for either a specified or an indefinite period. The factors to be considered by the court in awarding spousal maintenance include but are not limited to:
a) The duration of the marriage;
Sources: http://www.leg.state.or.us/ (Oregon divorce laws)
The State Resource pages are provided for informational purposes only. Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at DadsDivorce.com strive to keep our information up-to-date; however state laws are not static and subject to change without notice.