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Oregon
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Oregon Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Oregon Residency
Requirement
According to the Oregon Divorce Laws
and Oregon Divorce Guidelines, to get divorced in Oregon, one of
the spouses must have been a resident of the state for 6 months
before filing the case if the marriage was not performed in Oregon.
There is no residency requirement if Oregon is the marriage place
and one of the spouses is a resident at the time of the case being
filed
Place of
Divorce (Venue)
The divorce can be filed in:
County where either spouse resides.
Time to
Divorce
There is a 90-day waiting period, which begins
after the respondent has been served with the Oregon Divorce Forms
and Oregon Divorce Papers, before a hearing will be scheduled.
Simplified
or Special Divorce Procedures
The spouses may qualify for a summary dissolution of marriage if
the following conditions are met:
(1) the residency requirements are fulfilled
(2) There are no minor children, born or adopted, and the wife is
not pregnant
(3) the marriage is not over 10 years in length
(4) neither spouse owns any real estate
(5) there are no unpaid debts
in excess of $15,000 incurred by either or both spouses during the
marriage
(6) the total value of all of the spouse's personal property is
less than $30,000, excluding any unpaid balances on loans
(7) the petitioner waives the right to spousal support [alimony]
(8) the petitioner waives the right to any pendente lite (preliminary)
orders, except for the prevention of spouse abuse [temporary court
orders pending the final divorce].
Oregon Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
Grounds for Fault based divorce:
(1) Consent to marriage was obtained by fraud, duress, or force
(2) minor married without lawful consent
(3) spouse lacked mental capacity to consent
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Oregon, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Oregon divorce guidelines and Oregon divorce laws,
is a scenario where the spouses agree on the terms of the divorce
such as Oregon property distribution, Oregon child support, or
Oregon child custody. Most of our clients (75%) prefer the Agreed
Divorce method and both spouses sign the divorce papers and are
agreed to the terms of divorce.
- A Default Divorce
, according to the Oregon
divorce guidelines and Oregon divorce laws,
is a divorce where the other spouse doesn’t sign the Oregon Divorce
forms or Oregon divorce papers, he/she doesn’t do anything at
all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Process to file for Divorce in
Oregon
There are only three basic procedural steps to a divorce:
- File Oregon Divorce Papers (Oregon Divorce
Forms)
- Notify Spouse of your filing for divorce
in Oregon
- Attend your Oregon divorce hearing
Oregon Child Custody
Simple Definitions: (source: Oregon divorce guidelines and Oregon
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Oregon Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Oregon divorce
customers. If a sole custody arrangement is to be considered, then
there is usually a reason agreed upon by both parties that
one parent is to have the children. Usually the financial status
of a parent is not to be considered for allocating any parental
rights and responsibilities. Shared Custody or Sole Child Custody
may be awarded according to the best interests of the child.
Oregon Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Oregon Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Oregon divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Oregon.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Oregon. It
may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Oregon often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Oregon, fees must usually
be paid when you file the Oregon divorce forms and Oregon divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a Oregon divorce kit, using a divorce attorney
(or divorce lawyer), or doing a nearly free divorce in Oregon, you
will almost always be the one to cover the court fees which is standard
procedure.
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 Divorce
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| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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