OREGON DIVORCE BASICS AND OVERVIEW
|This is a divorce reference guide to understanding divorce in Oregon. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.|
- Time Frame: Divorces where the spouses file jointly are usually finalized within six weeks.
- Where to File: Circuit court. "In the Circuit Court for the state of Oregon for the County of ____________."
- Statute Statutes: Oregon Revised Statutes; Volume 2.
- Name of Action: Petition for Dissolution of Marriage.
- Name of Parties: Petitioner, the name of the filing party, and respondent, the name of the other party.
- No-Fault or Fault and No-Fault Only: No-fault only. General grounds exist of "unusual circumstances," such as fraudulent marriage or impaired mental capacity.
- Primary Documents Filed: Petition for Dissolution of Marriage and Decree of Dissolution of Marriage.
- Physical Separation Required: No.
- Separation Time to File: None.
- Legal Separation Permitted: Yes. The grounds are the same as dissolution.
- Grounds: The no-fault ground is that irreconcilable differences between the spouses have caused the irremediable breakdown of the marriage.
- Residency Requirement: A party married in Oregon can file for divorce there as long as one spouse is living there at the time of filing, regardless of how long. If the parties were not married in Oregon, one spouse must have lived in Oregon for at least six months immediately before filing for the divorce.
- Mediation Required: The court may refer parents to mediation for up to 90 days when they dispute custody and child support issues. When parents contest custody and visitation issues, the court orders mediation, unless there is a history of domestic violence or child abuse. Divorcing spouses may turn to mediation on their own as well to resolve any disputed issues.
- Counseling Required: Certain Oregon courts offer conciliation services. Either spouse or the court may delay dissolution for the 45 days while the couple attempts reconciliation.
- Parenting Classes Required: These classes are mandatory only in certain counties for parents who are seeking a divorce.
Oregon Revised Statutes 3.425 grants each family county court the option to set up an educational class for parents going through divorce or other family law related cases. The class is intended to inform parents about the impact of divorce on the family and minor children. The structure of the class must include information about: 1. the emotional impact of a divorce or separation on children of all ages; 2. the parental relationship during and after the divorce; 3. understanding custody and visitation arrangements; 4. proper parent behavior; 5. options of avoiding litigation through mediation.
- Filing Fee: The filing fee varies from county to county, but is typically $250-$400. (See OR Filing Fee Waiver Form)
- Where to File for Child Support: The Oregon Child Support Program enforces the collection and payment of child support and medical insurance.
- Child Support Guidelines Model: To determine child support obligation of the noncustodial parent, Oregon uses the Income Shares Model, which estimates the amount of support that would have been available if the marriage had not been dissolved.
In Oregon the court, using support guidelines, orders one or both parents to pay support based gross incomes, but if the parents disagree with the order, they can request an administrative hearing before an administrative judge. In Oregon both parent are responsible for child support, which is based on the Oregon Support Guidelines if the parents cannot agree on an amount that the courts feels is acceptable. Oregon courts consider both the income and the time each parent spends with a child in determining support, which also includes medical coverage or medical costs. The court considers childcare, medical insurance, and other children the parents are supporting. Support normally ends at 18, but may be extended to 21 when the child is attending school.
Oregon Child Support Guidelines and Worksheets:
- Property Division: An equitable distribution state, Oregon is an all property state. The appreciation of separate property is marital and subject to division.
- Appreciation of Separate Property: The appreciation of separate property is marital and subject to division.
- Attendance at Hearing: No.
- Fault Considered in Property Division: Fault may be considered as a factor in dividing property or awarding alimony.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: In a standard uncontested Oregon divorce, the spouses sign a Joint Petition as co-petitioners, which eliminates the need for service.
- Divorce Records: The Center for Health Statistics of the Public Health Division
When an Oregon divorce is filed and finalized, one spouse, or both must complete and file a Record of Dissolution, or Annulment, which records the dissolution (termination of the marriage) with the Center for Health Statistics. In all divorce cases in Oregon the completion of the Record is a prerequisite to the Judge signing the Judgment of Dissolution of Marriage and granting the divorce. The Center for Health Statistics of the Public Health Division, Oregon Health Authority is the responsible entity for maintaining vital records and statistics and issuing certified copies of the vital records for events that have occurred in Oregon. The Center for Health Statistics has divorce certificates (but not Judgements) from 1925. If one needs a copy of an existing Judgement, he or she must contact the county Clerk in which the divorce actually took place. The Center for Health Statistics of the Public Health Division Office of Oregon Vital Records is located at 800 N.E. Oregon Street, Suite 205, Portland Oregon 97232.