Divorce papers in Oregon — filing for divorce in OR

Online divorce in Oregon

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How to get divorce in Oregon

The information below will help understand more about the divorce in Oregon.

Common steps of how to get divorce in Oregon:

1

One of the most important conditions for obtaining a divorce must be the fact that the marriage or partnership is official, in other words, it was made in accordance with the requirements of the State of Oregon.

2

Interested parties can reside in the territory of Oregon and the county in which it is convinient to file a claim within a certain period of time before filing divorce form documents to the court.

3

It is needed to have grounds for why the marriage has to be dissolved. Oregon is a no-fault state, so it is not requirede to ptove the fault of the spouse.

4

If interested parties can not agree on certain details, then the court will consider all unregulated questions during the meetings.

5

If all of the above conditions are met, then it is possible filling out the forms.

6

Once the interested person have finished filling out the divorce form documents, he or she must file them in court, as well as transfer copies to the spouse. After the waiting period, the court will issue its verdict regarding the divorce.

Residency:

If interested parties want to get a divorce in Oregon, then his or her spouse must be a resident of the state for at least 6 months before filing a lawsuit. It is also needed to file divorce form documents in the court of the county, whose resident spouse or spouses are. As soon as Oregon divorce papers are registered in court, it is needed to wait 90 days before the court starts hearing about the divorce case.

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Valid grounds to get divorce in Oregon

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If the interested person get a divorce in Oregon, then he or she must know that for the termination of marriage in state law there is one reason that is no-fault ground. The spouse can get a divorce on the basis of the fact that between spouses there are irreconcilable differences that do not allow them to live as a married couple.

 

Also, note that Oregon law recognizes a registered domestic partnerships, but only for same-sex couples. On the basis of this, partnerships for same-sex couples are available almost all the same rights and obligations that exist in marriage, so the process of dissolution of domestic partnership is almost the same as divorce.

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Annulment of the marriage in Oregon

Annulment is one of the ways to dissolve a marriage in Oregon. The annulment is applied in rare cases and implies that the marriage never existed from a legal point of view. This means that in order to obtain an annulment the marriage should have been concluded with violations of the rules of Oregon. Just note that the annulment is applied from a legal point of view, that is, do not confuse it with a religious cancellation that is conducted through the clergy.

To receive an annulment, the spouse must satisfy at least one of the following factors:

  • At the time of marriage, at least one of the spouses was not yet 18 years old;
  • During the marriage, one of the spouses was mentally incapable of giving consent to marriage;
  • The marriage was concluded by a motive way;
  • Bigamy;
  • Blood ties;
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Custody of the child in Oregon

Custody of the child

With a divorce in Oregon is one of the important issues that must be considered by the court is the custody of underage children. State law obliges courts to be guided by the best interests of the child when choosing a guardian. Guardianship can be both general (both parents will equally decide on the upbringing of the child) and the parent (one parent will have more rights than the other), but regardless of the kind, the guardianship is aimed at ensuring the following conditions in child's life:

  • To enable the child to see his parents as often as possible, who demonstrated the desire and ability to bring up the child, acting in his or her interests;
  • By any available means, encourage parents to spend more time with their children after the divorce;
  • Encourage parents to enable them to work out their own parenting plan;
  • Ensuring the best conditions for growing up and the safety of the child;

To get a divorce in Oregon the court is often asks parents to provide their own parenting plan of a child. It can be either general or more detailed, but its main provisions should include:

  • How the parental responsibilities will be distributed;
  • The schedule of visits to the child;
  • A description of the processes of how parents will resolve controversial issues when deciding on the child's upbringing;
  • Distribution of duties between parents;

Rules for child support in Oregon

After the divorce in Oregon, courts oblige parents to support their minor children who were born in wedlock. To calculate the amount of financial support, a special formula is used, which is adopted by the Division of Child Support of the Department of Justice. The main parameters of the formula are:

  • All current incomes and expenses of parents, including movable and immovable property;
  • The basic needs of each parent;
  • The history of all previous incomes and expenses of parents;
  • The child's needs for education, medicine and emotional needs;
  • The amount of assistance that would be paid to the child under the full standard of the IV-A plan;

Financial support to the child is paid until he or she has reached the age of 18 years old or graduates from school, whichever comes first. If the child is able to provide self-sufficiency, then he or she is also not paid financial support.

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Rules for spousal support in Oregon

Rules for spousal support

With a divorce in Oregon, a court may require one of the spouses to pay financial support to the second spouse. The type of support and its duration will depend on the various factors that took place to be married. Thus, under Oregon law, spousal support may be of the following types:

1) Transitional Spousal Support - the type of support that is awarded to the spouse for education or skills that will later help him or her find a good job or to get into a carnie's ladder. The court takes into account the following factors when deciding:

  • duration of the marriage;
  • spouse's experience;
  • spouse's employment;
  • the financial needs and capabilities of each spouse;
  • tax liabilities of each spouse;
  • the presence of custody of a minor child;
  • any other factors that the court deems important.

2) Compensatory Spousal Support - the kind of support that is given to the spouse who has made a significant contribution to the education, employment and promotion in the labor market of the second spouse. The court takes into account the following factors when deciding:

  • duration of the marriage;
  • relative resources of the spouses' income;
  • tax consequences of spouses;
  • the availability of property from the spouse after the division of common property;
  • any other factors that the court deems important.

3) Spousal Maintenance - the kind of alimony that is assigned to the spouse who invested in the second spouse for a certain period of time. The court takes into account the following factors when deciding:

  • duration of the marriage;
  • the age of the spouses, as well as their physical, mental and emotional indices;
  • the standard of living that the spouses had during the marriage;
  • training and employment of each spouse, as well as work experience;
  • financial needs and possible resources of each spouse;
  • tax payments of each spouse;
  • the presence of custody of children;
  • any other factors that the court deems important.

The court can consider quite a lot of factors when deciding on alimony. Mostly the information about the marriage is taken from the divorce form documents.

Property division in Oregon

Property division

With a divorce in Oregon, one of the processes that is needed to go through is the section of common property that was acquired in the marriage. State law adheres to the rule of fair distribution, while the division of property also includes the section of pension benefits and payments. Initially, the court implies that both spouses were equally invested in the acquisition of a property, regardless of the income level of each spouse. If any property goes into full possession to the spouse, then interested person can get compensation for it in the amount of additional alimony.

Divorce without a lawyer in Oregon

If the interested person applies for a divorce in Oregon, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county the spiuse lives, the process of divorce in the state of Oregon can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. 

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Mediation support in Oregon

In the state of Oregon, the spouses can use the services of mediators in case if they want or by court's order if the minor children are involved in the divorce case.

Divorce forms in Oregon

When divorced in Oregon, there are two main types of divorce form documents, this is "Dissemination Dissolution" and a "Dissolution of Marriage". The first kind is a simplified method of divorce, which can be obtained if the spouse meet the following conditions: the duration of the marriage should not be longer, than it specified by law, do not apply for alimony, no minor children born in marriage, the interestep party do not have common property, as well as debts exceeding in accordance with the law. If the spousedo not meet at least one of these requirements, then he or she need to fill in the second type of form.

Uncontested divorce in Oregon

Uncontested divorce in Oregon

According to state law, the spouse have the right to file a fast divorce in Oregon. This form of divorce allows couples to end their marriage without ever appearing in court. It is also called uncontested and is given to those pairs that satisfy all of the following conditions:

  • Both spouses are residents of the state of Oregon within 6 months prior to filing the papers in court, as well as the marriage lasted no more than 10 years;
  • Spouses do not have underage children who were born or adopted in marriage;
  • At the time of divorce, the wife is not pregnant;
  • Spouses do not have real estate in any of the states;
  • The property, both private and joint, is not more than $ 30,000;
  • The debts, both private and joint, are not more than $ 15,000;
  • Spouses do not file a divorce or annulment claim in any other state;
  • Spouses do not claim financial support;
  • Spouses do not have any contentious issues regarding divorce;

How to serve divorce papers in Oregon

If all the Oregon divorce papers and filed them in court, it is important to present to the spouse copies of all the documents. It is possible to skip this step if both of sposuses submit the documents.
If the documents submitted without the participation of thespouse, it is possible serve in the following ways: to transfer the copies of the divorce form documents to the spouse personally, after which he or she must sign the "Acceptance of Service" form, which is also should be submitted to the court. If the spouse refuses to sign the form or the interested party can not find him or her, then the or she can use the services of a local sheriff or the professional service of serving. If the spouse can not do any of the ways to contact the spouse, then the interested party must place an ad in the local newspaper regarding the beginning of the divorce process.
Once the spouses done with the service of the spouse, they will need to wait for 90 days for the court to begin hearings on the divorce in Oregon.

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Filing fees for divorce in Oregon

Total fees will contain sum of Oregon court filing fees and cost of using the service of online divorce in Oregon. This cost may vary by county.