- Residency Requirements
- Grounds for Divorce
- Division of Property
- Spousal Support
- Child Custody
- Child Support
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
b) When the consent of either party was obtained by force or fraud; or
c) when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage.
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.
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;
b) The age of the parties;
c) The health of the parties, including their physical, mental and emotional condition;
d) The standard of living established during the marriage;
e) The relative income and earning capacity of the parties, recognizing that the wage earner’s continuing income may be a basis for support distinct from the income that the supported spouse may receive from the distribution of marital property;
f) A party’s training and employment skills;
g) A party’s work experience;
h) The financial needs and resources of each party;
i) The tax consequences to each party;
j) A party’s custodial and child support responsibilities; and
k) Any other factors the court deems just and equitable.
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;
b) The interest of the parties in and attitude toward the child;
c) The desirability of continuing an existing relationship;
d) The abuse of one parent by the other;
e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.
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.
http://www.leg.state.or.us/ (Oregon divorce laws)