Divorce in Oregon
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Top Resources for Divorce in Oregon
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in Oregon
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the Oregon court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
Related Topics
Important Information About Divorce in Oregon
What is the waiting period in Oregon?
No waiting period.
What is the do you need to be separated before filing for divorce? if so, how long? in Oregon?
No
What is the property (e.g., separate property / equitable property) in Oregon?
Equitable Distribution
What is the filing fee in Oregon?
301
What is the joint petition possible? in Oregon?
Yes - co-petition packets may be used by parties who agree on all issues.
What is the how do you waive filing fee? in Oregon?
ORS 21.682(2) authorizes a judge to waive or defer fees if the judge or court administrator finds the party is unable to pay all or any party of the fees. If fees are “waived,” they do not have to be paid. If fees are ”deferred,” they must be paid later. https://www.courts.oregon.gov/courts/clackamas/help/Pages/fee-deferral-waiver.aspx
What is the annulment rules in Oregon?
You can get an annulment only in unusual cases. In most cases, if you were married in Oregon to someone who was already married, then your marriage is void (does not exist).
(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.
https://www.oregonlegislature.gov/bills_laws/ors/ors107.html
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Oregon?
If the parties are in agreement with everything it can be a month or less. If there are children involved it often can be as fast as it takes you to complete the required Parent Education class so long as you both agree. Many co-petition cases can be completed in one day. Most commonly it takes one to three months but if you cannot agree, it could take up to a year.
What is the what are the parties divorcing called? in Oregon?
Petitioner/Respondent
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Oregon?
One method accepted by Oregon law is to have a legal official such as a local sheriff physically hand your spouse the paperwork at your house. You can also hire a private process server to deliver your paperwork for an additional fee.
What is the what are the residency requirements for divorce? in Oregon?
Either you or your spouse or partner must have lived in OR for 6 months before filing the dissolution.
What is the does it matter who files first? in Oregon?
No
What is the what is the deadline for the response (or equivalent) in Oregon?
30 days
What is the are the parties required to go to court? describe in Oregon?
No
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Oregon?
Many counties in Oregon require parents to complete a parent education class before a judgment can be entered in cases involving child custody and parenting time. Please contact your local court for more details.
https://www.courts.oregon.gov/programs/family/children/Documents/ParentEducationProgramsByCounty.pdf
What is the is separation required before you can finalize your divorce? in Oregon?
No
What is the no-fault state? in Oregon?
Yes
What is the permanent alimony/spousal support? in Oregon?
Yes, but rarely.
What is the alimony/spousal support rules in Oregon?
If spousal support is ordered for more than ten years, the paying spouse can ask the judge to end it if there is proof that the spouse who gets support has not made reasonable efforts to become self-supporting. The money can be paid in installments or all at once. Spousal support does not always end when the spouse who is getting support remarries.
In Oregon, there are 3 different types of spousal support: compensatory, transitional, spousal maintenance. More than one type of spousal support can be ordered in a case. Transitional support is for a spouse to get an education or training in order to reenter or advance in the workplace. Compensatory support is ordered in situations where one spouse has made a significant financial or other type of contribution for the other spouse’s education, training, vocational skills, career or earning capacity. Spousal maintenance allows a spouse to maintain a similar standard of living he/she had during the marriage and is generally only ordered in long-term marriages.
What is the child support rules in Oregon?
https://www.doj.state.or.us/child-support/calculators-laws/child-support-laws-and-rules/
What is the military divorce rules in Oregon?
In order to serve an active-duty military spouse, they must be served with a summons and a copy of the divorce action. This is required in order for an Oregon court to have jurisdiction.
What is the is there an official spousal support calculator? if yes, link in Oregon?
No
What is the is there an official child support calculator? if yes, link in Oregon?
https://justice.oregon.gov/guidelines/
What is the when are you able to file taxes as a single person? in Oregon?
You can file as a single person if you are divorced or legally seperated on or before Dec 31st
What is the can parties legally separate? if so, how? in Oregon?
In order to have a legally-enforceable separation in Oregon, a petition must be filed with the local county court. A judgment must then be entered. The judgment of separation leaves an otherwise valid marriage in-tact, but allows the parties to live apart.
What is the where do you file for divorce? (e.g., resident county, etc.) in Oregon?
Resident county per residency requirements
What is the what are the rules for filing in this place? in Oregon?
You must file in a county where you or your spouse or partner currently lives. If you are filing a dissolution of a registered domestic partnership (RDP), you must file in a county where either you or your partner lives. If neither of you live in Oregon but your RDP was registered here, you can file in the county in Oregon where either of you last lived.
You must file several documents, including a petition for dissolution of marriage, with the circuit court clerk's office at the local county courthouse. The petition tells the court and your spouse what you are asking for in the divorce.
What is the what are the primary documents generated for divorce called? in Oregon?
Forms for Dissolution https://www.courts.oregon.gov/programs/family/forms/pages/divorce.aspx
What is the can you change your name during the divorce process? if so, how? in Oregon?
You can take back a former name if you ask for it in the dissolution. You cannot change your name to a name you have never used before. A husband may not change the name of their spouse back to their maiden name. The spouse must ask for this themself which can be done by stipulation in the final judgment.
What is the can you finalize your divorce while pregnant? if yes, how? in Oregon?
You can file but the court may not finalize until baby is born.
What is the if you can't divorce while pregnant, what are the rules to get a divorce after pregnancy? in Oregon?
Finalize child custody and support.
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in Oregon?
Fill out this form: https://www.oregon.gov/oha/PEBB/docs/PDF/Forms/DP_term.pdf
What is the are financial disclosures required? if so, explain in Oregon?
Yes, must disclose property, income, assets
What is the is there free legal help for divorce in this state? if so, where and how do you access? in Oregon?
https://oregonlawhelp.org/issues/family/divorce
What is the is there common law marriage? in Oregon?
The state of Oregon does not have common law marriage. (There is one important exception: if a couple from another state meets the requirements of their states common law marriage laws, then Oregon will recognize that marriage from that state as valid.)
What is the e-filing? in Oregon?
Yes https://www.courts.oregon.gov/services/online/pages/efile.aspx
What is the e-filing? in Oregon?
Yes
What is the court required? in Oregon?
No
What is the are you required to appear in court at any point in the divorce process? in Oregon?
Your divorce is final when the judge signs the judgment of dissolution of marriage. The judgment will include all of the judge's rulings (which, in an uncontested divorce, will often mirror your agreements with your spouse). Once the dissolution judgment is signed, be sure to request a copy for your records.
