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Overview of Oregon Revised Statutes: Chapter 107. Copyright WomansDivorce.com
Residency requirements - If the couple was married in Oregon and at least one spouse is still a resident of the state, the residency requirement is met. If the marriage occurred in another state, at least one spouse must be a resident of OR for at least six months before filing for a dissolution. (Chapter 107.075)
Where to file for divorce: A petition for dissolution, annulment, or separation can only be filed in the county where either the petitioner or respondent resides. (Chapter 107.086)
Grounds for divorce or separation: The only ground for dissolution or separation is irreconcilable differences. There are no recognized fault grounds for divorce (Chapter 107.025)
Conversion of a legal separation to a judgment of dissolution - Within a two year time period after a judgment of separation has been granted, either party may request a motion from the court to convert the separation into a judgment of dissolution. After the two year period, a petition of dissolution must be filed. (Chapters 107.465)
Division of Assets and Debts - Oregon is an equitable distribution state, meaning the martial estate will be divided in an equitable manners as compared to an even split. The fault of one spouse does not factor into the division. Inheritances, gifts, and property or assets acquired prior to the couple's marriage remain the separate property of that spouse. Retirement plans and the contributions as a homemaker are considered in the division of marital property. The court may also consider the effect of taxes and cost of sale when dividing the marital estate. (Chapter 107.105)
Alimony - Temporary spousal support may be awarded to allow a spouse time to receive the training needed to re-enter the workforce. When awarding alimony, the court considers duration of marriage, the dependent spouses work history and employment skills, the financial resources of each party, and other factors. Longer term alimony may be awarded based on marriage duration, the ages, health, resources, and earning capacity of the spouses, the dependent spouse's contribution as a homemaker, the standard of living which was established during the marriage, the custodial and child support responsibilities of each spouse, and any other factor the court deems relevant. (Chapter 107.105)
Name change - Either party may request to change the name of a spouse to a name held prior to marriage. (Chapter 107.105)
Child custody - Custody may be awarded to either parent without regard to gender. In determining custody of the minor children from the marriage, the court will consider: the relationship the child has with each parent; the emotional ties between the child and other family member; the abuse of one parent by the other; the preference of the child for a primary care-giver if that parent is deemed fit by the court; the willingness of each parent (in the absence of abuse) to foster an ongoing bond between the child and the other parent. The court may also consider either parent's conduct, income, marital status, social environment or life style if it can be shown to be a factor which may cause or is currently causing emotional or physical damage to the child. (Chapter 107.137)
Child support - The child support awarded will be determined by applying the Child Support Guidelines as established under ORS 25.275. Generally child support is ordered for minor children from the marriage who are still considered dependents of the parents, are under 18 years of age, and who are not self-supporting, emancipated or married. Child support orders will include provisions for payment of the child's uninsured medical expenses, medical support for the child, and the maintenance of insurance or other security for support. (Chapters 107.105 and 107.106)
Reference: Oregon Statue Statutes Chapter 107
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If you’re thinking about getting divorced, we can offer you a supportive alternative to the stress of litigating your divorce. By combining the protection and advice from a divorce lawyer with the advantages of divorce mediation, we strive to ease your way through this major life transition.
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