Oregon Divorce Guidelines to File for a Divorce
Divorce Requirements for Oregon Residents
There is no residency requirement in filing for divorce in Oregon if the parties involved were married in the State. But if they were married in another state, one party must have lived in Oregon for at least six months prior to the filing of the Petition for Dissolution of Marriage. If these residency requirements are not satisfied, the Circuit Court will have no jurisdiction over the petition.
Oregon Grounds For Divorce
Both fault and no-fault grounds for divorce are recognized in the State of Oregon. The no-fault ground is irreconcilable differences between the parties which have caused the irremediable breakdown of the marriage. This no-fault ground does not require you to provide other legal reasons for getting a divorce except to tell the court that you and your spouse are impossible to get along and the marriage is beyond fixing.
The fault-based grounds are if one of the spouses is a minor or was a minor when the marriage was performed without lawful consent, and if the consent to be married has been obtained through fraud or by force.
Child Custody Law in Oregon
In cases where domestic or child abuse is an immediate concern, the divorce petitioner may ask in the petition that a permanent custody of the child be awarded to him or her. If there is a threat of physical violence against the petitioner and the child, he or she may be able to secure temporary child custody until the divorce is granted and finalized in accordance to Family Abuse Prevention Act restraining order.
Custody may be reversed if the non-custodial parent could prove that the child was abused or neglected by the custodial parent. Non-custodial parents are granted with Parenting Time and with a Parenting Plan to follow.
As in most states, Oregon divorce courts recognize joint custody in the child’s best interest, as they consider the following factors in custody decisions:
- Emotional ties between the child and each parent;
- Home environment;
- Each parent’s attitude towards the child;
- Abuse of one parent by the other;
- Which parent has been the child’s primary caregiver even prior to the petition;
- Parents’ criminal record
- Willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
- The child’s preference as to his or her custodian, if the child is of age and is capable of making sound choices
Guidelines for Oregon Child Support
Child support guidelines in Oregon are applied as in almost every State. In calculating child support, the courts consider the gross income of both parents as well as certain child-related expenses such as health and dental insurance, child care, and education.
Where to file for a divorce?
Oregon divorce forms may be filed and heard within the county where the petitioner filed the case.
For a fast and inexpensive divorce process, you can file Oregon online divorce forms.
Refer to the “Divorce Requirements for Oregon Residents” above and also review the top online divorce papers sites.
Legally ending a marriage leaves a bad taste in the mouth, especially in a contested divorce. That is why many look into mediation first as a better alternative in resolving disputes usually arising from division of properties and assets, spousal support, child custody and support, and payment of debts, compared to going through a contested divorce in court.
Divorce mediation in Oregon is a process wherein the mediator, a neutral third party, facilitates communication and negotiation among the divorcing couples to help them arrive at an agreement and decision on their issues. The mediator does not decide how the dispute is to be resolved, unlike that of a judge or arbitrator. Instead, the spouses determine the terms of their settlement agreement. At any point when filing a divorce petition in Oregon, parties may request for mediation so they could proceed with an uncontested divorce.
Need information for a different state?
You may also visit the Oregon Courts for more information