Below are some of the general laws regarding Oregon divorce filings:
Oregon Residency Requirements
When filing for divorce in Oregon, at least one spouse must be a resident of the state for six month prior to initiating the action. If parties qualify, then the petition for marital dissolution must be filed in the Circuit Court of the country where either spouse resides.
Legal Grounds for Divorce in Oregon
Oregon only considers irreconcilable differences as grounds for divorce. Spouses need not prove fault.
If spouses have a dispute over child custody, the court may ask the parties to participate in mediation in an effort to resolve their differences regarding custody.
Because Oregon is an equitable distribution state, and fault is not taken into account when dividing property, assets will be distributed in a fair manner. The court presumes that both spouses have contributed to the acquisition of property equally throughout their marriage, and thus, it should be divided equitably.
Spousal support may be awarded to either party on a transitional, compensatory or indefinite basis. Several factors are taken into consideration when awarding spousal support, including the duration of the marriage, standard of living that was established during the marriage and earning capacity of each spouse.
Hiring an Experienced Divorce Lawyer in Oregon
It can take a long time for divorce proceedings to finalize, especially if couples can’t agree on how to divide assets or on child custody arrangements. Proceedings can drag on for months or even years at a time and if parties are not aware of the full extent of their rights, may renounce their claim to property or alimony.
For these reasons, it is important that both spouses seek help with an experienced Oregon divorce lawyer so proceedings can resolve as quickly and smoothly as possible. Divorce attorneys handle every aspect of the case, from filling out paperwork to appearing in court on behalf of each party. They will even serve as a liaison between spouses to ensure any disagreements are resolved.
If you have considered filing for divorce in the state, turn to one of our featured divorce lawyers in Oregon to discuss your options and protect your rights.