OREGON DIVORCE LAW
An Oregon divorce or legal separation is a process that can raise a number of questions concerning issues such as grounds for divorce in Oregon, Oregon residency requirements, or how an Oregon divorce divides property. The following information is taken from Oregon divorce law, and serves to provide basic information outlining the process of obtaining a divorce or legal separation in Oregon. Prior to taking any action, it is important that you consult an
Legal Separation in OregonA legal separation in Oregon is different from a divorce in the sense that it does not formally terminate the marriage. A legal separation keeps the parties' status as a married couple intact when irreconcilable differences have caused the marriage to breakdown. A party may file for legal separation in Oregon in lieu of divorce if the parties file an agreement to live separate from each other for a least one-year, or if the status as a married couple protects legal, financial, social, or religious interests. It is important to consult an Oregon divorce attorney before deciding to file for a legal separation instead of a divorce. A legal separation in Oregon may be for a limited period of time, and parties can either let the separation order expire if the cause of the legal separation no longer exists, or petition to have the duration of the legal separation extended. If the duration is unlimited, the order of legal separation may be vacated by motion of one party if the cause of the legal separation no longer exists. Within two years of issuing the order for legal separation a court, upon petition by either party, may also convert an order of legal separation into an order of dissolution of the marriage, thus converting the legal separation into divorce.
Grounds for Divorce in OregonIn order to obtain a divorce in Oregon, a party does not need to provide any evidence of fault or misconduct by their spouse. Oregon recognizes a no-fault divorce when irreconcilable differences have created an irremediable breakdown of the marriage. Although the legal grounds for divorce in Oregon are not difficult to satisfy, there are a number of procedural requirements and a party considering divorce should consult an Oregon divorce attorney.
Divorce Residency Requirements in OregonIn order to file for a divorce or legal separation in Oregon, a party must meet certain residency requirements. When filing for a divorce in Oregon to terminate a marriage conducted outside of Oregon, the party filing for divorce must be a resident of Oregon for six months prior to the filing. If the marriage was conducted in Oregon, or the parties are filing for a legal separation, the party simply needs to be a resident of Oregon at the time the suit is filed.
Availability of Simplified or Special Divorce Procedures in Oregon
A suit for a divorce or legal separation in Oregon may be expedited depending on the existence of a number of factors including: neither party contests the divorce, there is cause for immediate action to protect one or both parties, there are no minor children, the wife is not pregnant at the time of filing, the marriage has lasted less than ten years, neither party owns real estate, or rights of spousal support are waived by the party filing the petition for divorce. Because there are several procedural requirements and details associated with simplifying or expediting a divorce, contact an Oregon divorce attorney before taking action.
Annulment in OregonWhen a court grants an annulment in Oregon, it is stating that there was never a valid marriage to begin with. In order to obtain an annulment in Oregon, a party must show the existence of some legal cause such as: the parties were underage, the parties lacked capacity to consent to the marriage, the marriage was consented to because of force or fraud, or if the marriage is otherwise illegal due to one party being married to another person at the time of the marriage or the marriage is incestuous. Before filing for an annulment, consult an Oregon divorce attorney.
Division of Marital Property in OregonWhen parties obtain a divorce in Oregon, the court will decide how marital property is divided based on what is "just and proper" given the circumstances. A court will consider the contributions of either spouse, be it as a provider or homemaker, with equal weight when determining the division of marital property in Oregon. When parties file for a divorce in Oregon, all property will be accounted for and divided based on what the court feels is just and proper given the circumstances of the divorce or legal separation. Consult an Oregon divorce attorney to understand the details of your particular division of property concerns.
Links to Oregon Divorce StatutesTo see the below Oregon Revised Statutes, Volume 3, Chapters 106 and 107 click HERE.
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