File for Divorce in Malheur County, Oregon (OR) | Divorce in Malheur County
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Divorce in Malheur County

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Online Divorce in Malheur County

divorce in Malheur County

Please note: OnlineDivorce.com in Malheur County, Oregon, is a divorce document preparation service, not a law firm. Online Divorce is not eligible to provide legal advice. All the information below is for informational purposes only.

Having no mandatory waiting period or fault-based grounds for divorce, Oregon provides preconditions for moving through the divorce timeline in a quick and time-efficient manner. Divorce in Malheur County can be fast and easy if you and your spouse agree to end the marriage and have no contest over children and property.

The first step to a divorce in Malheur County is filing divorce paperwork. And you can do it on your own without hiring legal counsel. The process of filing divorce papers is straightforward in Malheur County. You obtain the legal forms, fill them out, and bring the documents to your local courthouse to file with a court clerk.

The tricky part is knowing which forms to fill out without a lawyer. Luckily, OnlineDivorce.com makes it easy. Complete a quick questionnaire to answer how long you have lived in Oregon and have been married, whether you have children and property together with your spouse. Based on your answers, the computer algorithm will see whether you qualify for a Short Form Dissolution (also referred to as a Summary Dissolution) or a regular divorce filed by co-petitioners and select the necessary court forms. With OnlineDivorce.com, you get state-specific printable court forms and easy-to-follow filing instructions.

Submitting the divorce documents to the court begins the divorce in Malheur County. In many aspects, the couple’s ability to negotiate and compromise decides how long it will take them to finalize their divorce. In Malheur County, a simple divorce process can move rather quickly. But to have a fast and easy Do-It-Yourself divorce, divorcing spouses need to do their part of the deal – sort out custody, support, and financial issues.

Using the assistance of the online divorce documents preparation service OnlineDivorce, you can deal with this life-changing event in an affordable and stress-free way. However, if you intended to apply for an uncontested divorce but failed to come to terms with your spouse, it does not mean that you cannot get a divorce. Seek counsel and solve your problems with legal help.

OnlineDivorce.com is there to help you by providing and completing the court forms. The following short guide on the most common divorce questions and procedures will help you understand how divorce works in Oregon.

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Valid grounds to get divorce in Malheur County

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Some US states still consider fault-based grounds for a dissolution of marriage. Oregon is a pure no-fault state, which means that the only ground for divorce in Oregon is irreconcilable differences between spouses. However, illegal age or lack of understanding before marrying and a marriage through force or fraud can be used as grounds for divorce if there is evidence to prove it (the 2020 Or. Rev. Stat. Ann. §107.015).

In some other states, adultery and other instances of misconduct can affect whether and how the court ends the marriage. The only situation in which the Oregon courts consider spousal misconduct is child custody (See the 2020 Oregon Revised Statutes Annotated §107.036.2).

According to the 2020 Or. Rev. Stat. Ann. §107.025, the court sees it as sufficient evidence for divorce or separation when the spouses cite the “irremediable breakdown of the marriage” caused by irreconcilable differences between them.

Because the state of Oregon views divorce as a deed for two, filing together as co-petitioners is also allowed in Malheur County.

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Custody of the child in Malheur County

Custody of the child in Malheur County

Under Oregon Family Law, only sexual or physical abuse towards the child or one of the parents can prevent the other parent from getting custody.

In all the other aspects of a child custody determination, courts in Malheur County view a similar set of requirements and considerations like other US states. According to the 2020 Or. Rev. Stat. Ann. §107.106, child visitation is determined based on the child’s best interests and the child’s benefit rather than the parents’ benefit. For this reason, courts in Malheur County use the 2020 Or. Rev. Stat. Ann. §107.137 when considering factors for child custody:

  • the emotional ties between the child and other family members;
  • the parents’ interest in and attitude toward the child;
  • the desirability of continuing an existing relationship;
  • the preferences of the child’s caregiver, if the caregiver is deemed fit by the court; and
  • the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.

However, the court may not consider a parent’s willingness and ability if one parent has sexually assaulted or engaged in a pattern of behavior of abuse against the other parent or the child.

According to the 2020 Or. Rev. Stat. Ann. §107.169, Oregon courts shall never give preference to any parent based on their gender. Instead, a court in Malheur County shall prefer to award joint custody if both parties agree.

However, equal division of parental responsibilities does not necessarily mean that the child spends an equal amount of time in each parent’s house. The court may award custody to one parent and designate the other parent as the sole decision-maker for specific child-related issues. Another variant is when the parents share legal custody (education, healthcare, dental care, religion, and other significant decisions) and physical custody (residence and daily care) equally. Before determining joint custody, the court ensures that both parents are willing to participate and are capable of carrying out their parental duties and responsibilities.

Some Oregon counties require parents to take mandatory parenting classes to ensure that both parents are fully aware of the consequences of a divorce on their minor children and are capable of minimizing adverse effects. If you attend a private family counselor or are involved in any other form of therapy, you can inform the court and get a waiver.

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Rules for child support in Malheur County

According to the 2020 Or. Rev. Stat. Ann. §107.106, child support is awarded to the child’s benefit rather than the parents’ benefit.

In contrast to some beliefs, there is no correlation between child support and visitation rights. Under Or. Rev. Stat. Ann. §107.106, parents must pay child support even if they are not awarded with visitation rights, and parents must comply with visitation orders even if they are not receiving child support.

When determining child support payments, courts in Malheur County aim to ensure that the child has their needs covered to the same extent as if the parents had remained married. According to the 2020 Or. Rev. Stat. Ann. §107.105, each parent’s share of child support correlates with his or her share of the household’s combined income.

In Oregon, the formula for determining child support factors in:

  • (a)the earnings, income, and resources of each parent, including real and personal property;
  • (b)the earnings history and potential of each parent;
  • (c)the reasonable necessities of each parent;
  • (d)the ability of each parent to borrow;
  • (e)the educational, physical, and emotional needs of the child;
  • (f)the amount of assistance that would have been paid to the child under the full standard of need of the state’s IV-A plan;
  • (g)preexisting support orders and current dependents; and
  • (h)other reasonable criteria that the division may find to be appropriate.

In Malheur County, both parents can request a modification of child support payments in cases of increased or decreased income, changes in the child’s expenses, exceptional new circumstances of either parent, loss of employment for either parent, tax consequences of child tax credits, a financial advantage from a spouse or domestic partner, and other relevant factors.

In Oregon, child support is paid until a child reaches 18, graduates from high school, or enters the military. If the child is physically or mentally challenged, child support payments may be ordered permanently.

Rules for spousal support in Malheur County

Rules for spousal support in Malheur County

Oregon courts acknowledge that one spouse may have been invested in homemaking activities at the expense of their economic independence by awarding monetary compensation during or after the divorce proceedings. In Malheur County, the court considers the length of the marriage, the spouses’ age and health, each spouse’s income, earning capacity, employability, work experience, and financial needs, the standard of living established during the marriage, tax consequences, and the custodial responsibilities of each spouse. Then the judge decides what type of alimony to award.

According to the 2020 Or. Rev. Stat. Ann. §107.105, Malheur County recognizes three types of spousal support. If a spouse needs to get some additional training or education to reenter the job market or get a promotion, transitional support is awarded. If the court orders one spouse to offer a significant contribution to the education or training of the other spouse, it is called compensatory spousal support. The last type, spousal maintenance, is ordered by the court either for a specific period or permanently.

Normally in Oregon, spousal support does not exceed ten years. Spouses can suggest their variant of alimony in the marital settlement agreement. If the spouses cannot agree, the court addresses it on a case-by-case basis.

In Malheur County, spousal support is tax-deductible for the payor and is subjected to income tax for the payee.

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Property division in Malheur County

Property division in Malheur County

If a divorcing couple can negotiate property division in a marital settlement agreement, the court will accept their solution in most cases, regardless of fairness and equity. If, however, spouses cannot memorialize the division of their marital property, there are several property division provisions in Malheur County.

As an equitable distribution state, Oregon oversees the division of property between divorcing spouses equitably, which may not seem entirely fair. However, under the 2020 Or. Rev. Stat. Ann. §107.105, when determining an equity distribution, the court in Malheur County will consider:

  • (A) any retirement plan, pension, or interest therein;
  • (B) a party’s role as a homemaker;
  • (C) the amount of marital property and its values;
  • (D) taxes, costs, and expenses linked to the couple’s children, healthcare, etc.

Next, the court distinguishes between marital and separate property before it starts splitting the marital assets. Separate property is everything owned, purchased, and gifted before getting married, while marital property is everything acquired during the marriage. Oregon Family Law presumes that both spouses alike contributed to the marital property during the marriage.

For example, suppose the wife only contributed a little to the husband’s business during their marriage because she was involved with the children and home-making. In that case, the court will split the share of the business’s increased value between the spouses. Because of the wife’s contribution at home, the husband was less involved with the children and the home and could have invested his time and effort into the business. It entitles the wife to a share of the business, according to the Oregon Law.

Mediation support in Malheur County

In Malheur County, mediation can be used to resolve any divorce-related issue, such as custody, child support, alimony, property division, and debt allocation.

In some Oregon counties, mediation can be mandatory for those spouses who contest child custody and support. Check with a district court of Malheur County to see if you may be eligible for a free mediation service through the court.

Whether ordered by the court or divorcing spouses turn to mediation on their own, mediation cannot be forced on either spouse. All solutions offered by a mediator are just suggestions as alternatives to the case contested in the court. Everything discussed in mediation is considered confidential.

How to file for divorce in Malheur County | Step-by-Step

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Step 1. Meet the residency requirements. To be eligible for getting a divorce in Malheur County, either spouse must have lived in the state for at least six months. Alternatively, if the couple married in Oregon, one of the spouses just has to be a current resident of the state in order to file the divorce paperwork in Malheur County.

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Step 2. Check out whether you qualify for a simple divorce. A simple divorce (also referred to as a Summary Dissolution) is possible in Malheur County if the couple:

-  has been married for not more than ten years;

-  have no children together and aren’t expecting a child at the moment;

-  have no real estate;

-  own less than $30,000 in personal property and less than $15,000 in debts; and

-  neither spouse is requesting spousal support or temporary orders.

Before filing for a simple divorce, the spouses must already have all divorce-related matters sorted out.
If you do not meet the simple divorce requirements, you should fill out the forms for a regular Dissolution of Marriage in Malheur County.

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Step 3. Obtain, fill out, and file the court forms. You can get the divorce court forms from your local courthouse or Onlinedivorce.com will provide you with the necessary forms and filing instructions. In Malheur County, online filing where you upload your completed divorce paperwork online is still unavailable, but you can mail the forms to the court.

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Step 4. Pay the filing fee. The charge for filing for divorce is around $287 in Malheur County. Check with your local courthouse to learn the exact amount. A low-income family can request a fee waiver by completing a Fee Deferral and Waiver Form at the court clerk’s office.

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Step 5. Serve the spouse. If you have a simple divorce in Malheur County, or if you and your spouse have filed as co-petitioners, you can avoid the formal service procedure by submitting an Acceptance of Service.
If your spouse is uncooperative, you can hardly have an uncontested divorce. In such a case, serving is done by (1) hand-delivery (by any relatives or friends other than the couple’s children); (2) hiring a process server (or a sheriff); (3) certified mail; (4) publication. Make sure you submit proof of service to the court.

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Step 6. File the rest of the divorce documents. In Oregon, there is no mandatory waiting period. However, unless the spouses file as co-petitioners, the responding spouse has 30 days to submit a response after being served with the divorce papers.
Also, file the financial information and proof that you have attended a parenting class (if you have minor children).

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Step 7. Finalize the divorce. Couples aiming at an uncontested divorce can see their case finalize within weeks, as there is no waiting period. Oregon courts may not require divorcing couples to attend court hearings if all the issues have been ironed out in a settlement agreement. As soon as the couple’s paperwork is in order, and the judge signs a judgment of dissolution of marriage, the divorce is final.

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Filing fees for divorce in Malheur County

In Malheur County, the cost of filing for divorce is around $287. Upon filling out a Fee Deferral and Waiver Form, low-income petitioners can obtain a fee waiver for the length of the divorce process and file all the motions and petitions free of charge.

How long will it take?

Depending on the complexity of your divorce case, it may take from a few weeks to many months. Not having a mandatory waiting period, Malheur County allows childless couples to file for a simple divorce and get divorced as quickly as the court’s workload permits.

Even if you and your spouse are required to take a parenting class and prepare paperwork for the couples with children, you can still get divorced in a matter of weeks in Malheur County if you and your spouse cooperate and negotiate on your own, through a mediator, or using a lawyer.

Filing for divorce in Malheur County | Frequently Asked Questions

How much does a divorce cost in Malheur County?
For those divorcing couples in Malheur County who are civil enough to have an uncontested divorce, the proceedings’ cost can be relatively low. If you do not qualify for a fee waiver, you are charged $287 for filing the divorce paperwork and $40 if you hire a process service server to deliver the documents to your spouse.
If you need to hire experts to handle custody, support, and financial issues, the expenses will vary depending on the complexity of the task. The more marital assets you have and the more complicated children custody gets, the more money you will pay. Yet the court may order a free of charge mandatory parenting class, and you may agree with your spouse on all the issues. In such a case, the cost of the divorce will remain rather moderate.
If your spouse can afford an expensive lawyer, a court in Malheur County may order your spouse to pay for your attorney too. For complicated cases in low-income families, pro bono lawyers and the services of law clinics may be available in your county.

How to file for divorce in Malheur County without a lawyer?
You can easily file for divorce on your own in Malheur County if you have an uncontested divorce where you and your husband have agreed on (almost) all the issues. Fill out the divorce paperwork at home (download the form online or get them from a local courthouse) and bring them to the courthouse to file with the court’s clerk. Pay the filing fees, and your divorce has officially commenced.
If you do not feel confident with these steps, consult with court-sponsored self-help resources. If you have doubt about some aspects of your divorce, consult with an attorney.

What are the forms required for an uncontested divorce in Malheur County?
Here’s an approximate list of court forms for a divorce (with minor children) in Malheur County:

  • Petition for Dissolution of Marriage
  • Certificate of Residency
  • Certificate Re: Pending Child Support Proceeding and/or Existing Child Support Orders/Judgments
  • An Affidavit, Request to Segregate Protected Personal Information from Concurrently Filed Document and Segregated Information Sheet
  • Notice of Statutory Restraining Order Preventing Dissipation of Assets
  • Record of Dissolution, or Annulment
  • Summons (Domestic Relations)
  • Motion and Order Allowing for Publication of Summons; Affidavit of the Petitioner
  • Motion and Order Allowing Judgment by Default; Affidavit of Non-Military Service Ex Parte
  • Motion and Order for Judgment without Hearing; Affidavit of the Petitioner
  • Motion and Order to Waive 90-day Waiting Period; Affidavit
  • General Judgment of Dissolution of Marriage
  • Child Support Computation Worksheets (CSCW)

Can I file for legal separation in Malheur County, Oregon?
Yes, Malheur County allows spouses to file for legal separation instead of divorce almost at the same price. In case of legal separation, the spouses resolve the same divorce-related issues, such as custody, support, and property division, but they remain legally married.

When is it allowed to remarry after a divorce?
Oregon has no post-divorce remarriage waiting period. In Malheur County, former spouses can get remarried as soon as the judge signs a judgment of dissolution of marriage.

Divorce in Malheur County online

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Divorce Courts in Malheur County, Oregon

Malheur County Circuit Court
Judge Name:
Lung Hung, Patricia A. Sullivan
Clerk Name:
Deborah R. DeLong
Court Address:
251 B Street W #3, Vale, Oregon 97918
Phone:
541-473-5151
Clerk Hours:
8am-12pm and 1pm-4:30pm