This overview of Oregon state divorce laws was created with the aim of helping you get acquainted with the whole process of marriage dissolution. If you have already checked our FAQs section regarding divorce in Oregon, now it’s time to learn more about the legislation. Here we are going to look at the current Oregon divorce law, the role of adultery in the dissolution process, how alimony is granted and what the law says about property division.
One of the most important things to remember when divorcing in Oregon is that it is a completely no-fault state. This means that the divorce laws in Oregon recognize only one ground to start the proceedings, which can be defined as “irreconcilable differences” that eventually lead to the complete failure of the relationship.
However, there are three more grounds that allow either partner to ask for divorce but there is something you should take into account. According to divorce law in Oregon, these grounds deal more with the circumstances that took place when the marriage occurred than with what happened during it. The first ground is not reaching the proper age to be able to get married, meaning the person was too young to fully make such a crucial decision in life. The second is mental illness of one of the partners that resulted in their inability to understand or agree to marriage. The third one is agreement to marry under pressure or under the circumstances of abuse. These grounds should be proved in court to be accepted by the judge. Technically, this type of ending a marital relationship is defined as annulment.
As you came to know earlier, Oregon does not recognize fault-based grounds for marriage dissolution. Even when talking about unfaithfulness, the court will not take it into account when making a decision on your case. In fact, any wrongful actions of either spouse will not affect even spousal support according to Oregon divorce laws on alimony.
Meanwhile, the misbehavior of either partner is considered a negative factor when deciding on child custody . If it is known that either partner is abusive or cruel in relation to their kids, their chances of getting guardianship rights decrease substantially.
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Before staring the Oregon divorce process, either partner must make sure the legal eligibility criteria are met. In order to file for marriage dissolution in Oregon, either spouse must have lived in Oregon for at least six months if they were married in another state. However, if your marriage took place in Oregon and you lived here at the time of registering the case, the residency requirement is considered met.
When the residency requirement is met, it is time to decide how the responsibilities and rights will be divided after the marriage ends. Oregon divorce laws on property division assert that Oregon is an equitable property division state. By default it is considered that both partners made a contribution to the acquisition of all the real estate and other material property they own.
To begin filing for a quick dissolution, the couple will have to go through the following stages:
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