Divorce is the legal recognition that your marriage has ended. Filing for divorce in Oregon can be a confusing and lengthy process. However, if you take time to learn a little bit about the basics of filing for divorce in Oregon, it may make it easier.
Who can file for divorce in Oregon?
A divorce proceeding starts by the filing a petition for dissolution of marriage with the clerk at the circuit court at your local county court, in the county where you or your spouse reside. The spouse filing the petition is the petitioner and the other spouse is referred to as the respondent. To be eligible to file for divorce in Oregon, you or your spouse must live in Oregon for a minimum of six months prior to filing for divorce. The divorce petition must be served on the respondent promptly after the filing of the divorce petition.
Must we be separated first?
Oregon does not require that you and your spouse be separated prior to filing for divorce. However, a legal separation is recognized in Oregon and is a similar alternative to filing for divorce.
How much does it cost?
The filing fees differ in each county in Oregon. Generally, they range from $100 to $400. Your local circuit court clerk will be able to give you an accurate filing fee for your county. Your filing fee must be included with your divorce petition when you file the petition at the clerk's office. If you cannot afford to pay the filing fee, and if you can show proof of your low income status, the fee may be waived. Legal fees can be costly depending on the complexity of your divorce. If you have an uncontested divorce, some attorneys will assist you with your divorce for a flat fee.
How long will it take?
Oregon has a 90-day waiting period for all divorces. The waiting period begins once you serve the respondent with the divorce petition. However, if the divorce is uncontested and both parties agree, the waiting period can be waived. If your divorce is complicated, and many issues need to be resolved, expect your divorce to take six months to a year to complete.
Do I need grounds for divorce in Oregon?
Oregon is a no-fault divorce state, meaning that either spouse does not need to establish grounds to justify the divorce. When you file the divorce petition, you will state that the divorce is a result of irreconcilable differences.
Is it better if I have grounds for divorce?
In Oregon, courts no longer consider or evaluate whether one spouse is more to blame for the failure of the marriage. Therefore, it is no longer necessary to prove to the court that one party is more culpable for the failure of the marriage than the other spouse.
What are they?
Stating that the reason for the divorce is irreconcilable differences is sufficient when filing for divorce in Oregon.
Can I get temporary support during the divorce?
You may be eligible to receive temporary support during your divorce proceeding in Oregon. Temporary support can last until the divorce is final, or may be converted into permanent support after the divorce. To receive temporary support in Oregon, you must request temporary support with the judge. The judge will then evaluate whether temporary support is necessary.
How is marital property handled in divorce in Oregon?
Oregon is not a community property state, but does divide marital property in a similar way. Oregon follows the presumption of equal contribution, meaning the law presumes that each spouse has a one-half interest in all marital property. However, this is merely a presumption and the court has the authority to divide marital property as it sees fit. Oregon also recognizes separate property as belonging to the spouse who possessed the property prior to marriage or received property during marriage by gift or bequest. Debts created during marriage are treated exactly like assets.
How are retirement assets divided?
Upon divorce, retirement assets will be divided by the court if they have vested. A retirement asset vests when it is fully earned by the spouse. If the retirement asset has vested, the court will divide the retirement assets based on how long they took to earn and how long the spouses were married during that time. In other words, retirement assets are divided based upon how much retirement was earned during the marriage. The non-working spouse will be entitled to one-half of the retirement assets earned during marriage.
What are the child support guidelines in Oregon?
Oregon has child support guidelines that the judge must follow in awarding support. Oregon judges consider many factors in awarding child support to a custodial parent, including the number of overnight visits each parent has with the child. Judges also consider the relative income of both parents when deciding how much child support to award. If the non-custodial parent makes more money than the custodial parent, the non-custodial parent will be expected to contribute more. Most child support orders end at age 18, but if the child is attending college, child support can continue until the child reaches 21 years of age.
What about spousal support or alimony?
There are three types of spousal support available in Oregon: compensatory spousal support, transitional support and maintenance support. Compensatory support is awarded if one spouse worked or maintained the household so the other spouse could attend school and become successful. Transitional support is awarded to a spouse following a divorce to help transition the spouse from married life to being self-sufficient. Transitional support may last until the spouse finishes schooling or advances his or her career. Transitional support is the most common type of spousal support which courts in Oregon award. Maintenance support is awarded if the marriage lasted at least 15 years, and one spouse earns significantly more than the other.
Can we reach a marital settlement agreement out of court?
Marital settlement agreements are a great option if both parties agree on how they would like the marital property distributed. Most settlements are a result of both parties working with their respective attorneys to reach an agreement. In Oregon, the court does not need to approve the marital settlement agreement for it to become effective. However, in almost all cases, the court will approve any agreement with terms both parties understand.
What happens if we can't agree on settlement terms?
If you and your spouse are having a hard time agreeing on the terms of your divorce, it can affect how long the divorce will take to become final. However, agreeing on settlement terms is often the hardest part of a divorce proceeding. The court may recommend mediation to try to resolve any contested issues.
Getting Legal Help
Most divorce proceedings require at least some level of assistance from an attorney. If you are considering filing for divorce, contact an experienced family law attorney in Oregon as soon as possible.
