Getting a Divorce in Oregon? Divorce Law Cheat Sheet for the State of Oregon
1. What are the residency requirements for filing for divorce in Oregon?
If you were married in the state of Oregon and either you or your spouse is a resident of the state, you may file for a divorce based on these grounds:
- Your spouse was married to another person at the time that he or she married you.
- You and your spouse are first cousins or more closely related.
- One of you was incapable of really agreeing to marriage because you were not of legal age or could not have understood what you were doing.
- You agreed to marry your spouse because you were forced to, or your spouse committed fraud to get you to agree to marry him or her.
But if you were not married in the state of Oregon or you are filing on the ground of irreconcilable differences, you or your spouse must have been a resident of the state for at least six months before filing. You must file in the county in which you or your spouse lives.
2. Does Oregon have a waiting period?
Yes, Oregon will not hold a hearing until at least 90 days after you initiate the divorce process, unless you present an emergency situation to the court.
3. Does the state have grounds for divorce?
Yes, as stated above, you may file for a divorce in Oregon based on these grounds:
- Your spouse was married to another person at the time that he or she married you.
- You and your spouse are first cousins or more closely related.
- One of you was incapable of really agreeing to marriage because you were not of age or could not have understood what you were doing.
- You agreed to marry your spouse because you were forced to, or your spouse committed fraud to get you to agree to marry him or her.
- Irreconcilable differences between you and your spouse have caused a breakdown in your marriage, and there is no hope of saving it.
The court does not need to hear about specific acts of misconduct on the part of you or your spouse unless they’re relevant to child custody or evidence is necessary to prove irreconcilable differences.
4. How does Oregon determine the division of property?
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will divide your property in whatever way it decides is just and proper.
In Oregon, a retirement or pension plan is considered property. The court also will consider any contributions by you or your spouse as a homemaker in acquiring marital assets. The court assumes that each of you has contributed equally to the acquisition of your property during your marriage, regardless of whose name is on the title. The court will not factor in who is at fault in your divorce when dividing your property.
The costs associated with selling your assets will be factored in to your division of property. Spousal support (alimony) may be awarded as property.
5. Does Oregon require mediation before a divorce is granted?
Mediation is not always a requirement, but if you disagree over child custody or visitation, the court likely will order you to undergo mediation.The court outlines several possible scenarios. It might:
- Order mediation before your trial and postpone your case. Custody will only be tried by the court if you and your spouse can’t work things out through mediation.
- Order mediation before your trial and continue to rule on other topics while you and your spouse are in mediation. Custody is tried by the court separately if you and your spouse can’t work things out through mediation.
- Handle all issues in your case and order mediation after your trial, postponing the final judgment until you complete mediation. It will then resolve custody if you and your spouse have not done so already.
6. How does the state determine child custody? Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life — where a child goes to school, what faith he or she is raised in and other biggies. Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement.
The court will seek whatever arrangement offers your child frequent and continuing contact with both parents, if you both have shown the ability to act in the best interest of your child. It encourages you to share in the rights and responsibilities of raising your child and expects you to develop your own parenting plan.
Your parenting plan may be either general or detailed. It could include a general outline of how parental responsibilities and parenting time will be shared; it does have to specify the minimum amount of parenting time and access the non-custodial parent is entitled to.
A detailed parenting plan also may include provisions relating to:
- Your child’s residential schedule.
- Holiday, birthday and vacation planning.
- Weekends, including holidays, and school in-service days before or after weekends.
- Decision-making responsibilities.
- Information sharing and access.
- Any relocation of you or your spouse.
- Telephone access.
- Transportation.
- Methods for resolving disputes.
The court will develop a detailed parenting plan if you or your spouse requests it or you are unable to develop your own parenting plan. The court will only consider the best interests of your child and his or her safety.
7. How does the state calculate child support?
Oregon uses a statewide formula to determine your child support amount. The court assumes this amount is appropriate. But to be sure, the court will take into account:
- You and your spouse’s earnings, incomes, resources and property.
- You and your spouse’s earning history and potential.
- You and your spouse’s reasonable necessities.
- You and your spouse’s ability to borrow.
- Your child’s educational, physical and emotional needs.
- How much state assistance your child would be eligible for.
- Any pre-existing support orders or current dependents you or your spouse is responsible for.
- Any other criteria that the court considers appropriate.
If one of you argues that the assigned amount is unfair, the court specifically will evaluate:
- Any other available resources you or your spouse might have.
- You and your spouse’s net incomes.
- Any special hardships or medical circumstances affecting you or your spouse’s abilities to pay support.
- Whether the custodial parent needs to stay home as a full-time parent.
- The tax consequences, if any, that each of you will face when one of you claims your child as a dependent.
- Any financial advantage you or your spouse might have because you will live with another person in a relationship similar to husband and wife.
You and your spouse will share in the costs of supporting your child in the same proportion as the percentage you each contribute toward your combined income.
The amount resulting from the state formula will be reduced or increased depending on the costs of a health benefit plan. It may be reduced dollar for dollar in consideration of any Social Security or veterans’ benefits paid to your child, and it will be reduced dollar for dollar in consideration of any Survivors’ and Dependents’ Educational Assistance your child receives.
The court may order either you or your spouse or both of you to support your child if he or she is between 18 and 21 and attending college or some type of professional school.
If the court orders support for your child in school, he or she:
- Must maintain the equivalent of a C average or better.
- Has to notify the parent paying support if he or she stops attending school.
- Has to submit a form with classes and grades each semester to the state and the parent paying support.
If your child doesn’t meet all of these requirements, support ends and won’t be reinstated unless the parent paying support decides to do so anyway and notifies the state.
8. How does the state determine and calculate alimony?
Alimony, also known as spousal support, is not a given, but you or your spouse may request it. The court may order one of three types of support: transitional spousal support, compensatory spousal support or spousal maintenance. Each requires a special set of considerations in deciding whether to award support and if so, how much.
Transitional spousal support is designed to help you get the education and training you need to re-enter the job market. The factors considered by the court in awarding transitional spousal support include but are not limited to:
- How long you were married.
- Your training and employment skills.
- Your work experience.
- You and your spouse’s financial needs and resources.
- The tax consequences to each of you if support is awarded.
- Your custodial and child support responsibilities.
- Any other factors the court thinks are relevant.
Compensatory spousal support is awarded when one of you has made a significant financial or other contribution to the education, training, vocational skills, career or earning capacity of the other. The factors considered by the court in awarding compensatory spousal support include but are not limited to:
- The amount and type of contribution and how long it was offered.
- How long you were married.
- You and your spouse’s earning capacities.
- How much those contributions already have been reflected in your marital property, or whether the benefits have not yet been realized.
- The tax consequences to each of you if support is awarded.
- Any other factors the court decides are relevant.
Spousal maintenance is a contribution by one of you to the support of the other for either a specified or an indefinite period. The factors considered by the court in awarding spousal maintenance include but are not limited to:
- How long you were married.
- The ages of you and your spouse.
- You and your spouse’s health, including your physical, mental and emotional conditions.
- Your standard of living during your marriage.
- You and your spouse’s incomes and earning capacities.
- Your training and employment skills.
- Your work experience you and your spouse’s financial needs and resources.
- The tax consequences to each of you if support is awarded.
- Your custodial and child support responsibilities.
- Any other factors the court decides are relevant.
9. Is there a waiting period before remarriage in Oregon?
No, you are free to remarry after the court delivers the final judgment ending your marriage.
FOR MORE INFORMATION:
The Oregon state statutes are online, here.
The steps to calculate child support in Oregon can be found, here.
The state’s Division of Child Support offers calculators and worksheets online, here.
